On 26 March 2020, the CAT granted permission for the defendants to appeal a CAT judgment on a preliminary issue,
The Court of Justice Confirms the Commission’s Broad Margin of Appraisal in Rejecting Complaints
On March 12, 2020, the General Court confirmed the Commission’s decision to reject a complaint brought by LL-Carpenter (“Carpenter”), a Czech distributor of motor vehicles, against Subaru for alleged anti-competitive conduct. The judgment serves as a reminder of the Commission’s wide discretion to evaluate and reject complaints.
The Council of State Annuls an ICA Decision Imposing Interim Measures on Taxi Torino in an Investigation Into an Alleged Abuse of Dominance in the Market for the Collection and Sorting of Orders for Taxi Services in the City of Turin
On March 3, 2020, the Council of State granted the appeal filed by Società Cooperativa Taxi Torino (“Taxi Torino”) against the judgment issued by the Regional Administrative Tribunal for Latium (the “TAR Lazio”) on June 7, 2019.[1] The TAR Lazio had upheld the ICA decision of November 29, 2018, which imposed interim measures in an investigation concerning an alleged abuse in the market for the collection and sorting of orders for taxi services in Turin.[2]
DG COMP Responds to the COVID-19 Outbreak (March 2020)
The COVID-19 pandemic has caused significant economic disruption, including supply shortages, cost increases, and liquidity constraints resulting from a prolonged shutdown. As EU Member States and businesses respond to these challenges, and even as lockdown measures are gradually eased, their actions continue to raise potential issues under competition law.
Munich District Court Dismisses €900 Million Claim Against Truck Cartels
On February 7, 2020, the Munich District Court dismissed financialright claims GmbH’s (“financialright”) claim of approx. €900 million against members of the truck cartel.[1] The judges squashed litigation vehicle financialright’s business model tailored to pursue a U.S. style class action in Germany, ruling that it lacked standing. Upon appeal, the Munich Court of Appeal is called to decide.
Europcar UK Limited and Others v Mastercard Inc. and Others
On 31 January 2020, the Competition Appeal Tribunal (CAT) stayed a claim for damages brought by Europcar against
The Cour de Cassation Issues Two Judgments Relating to the Business Secret Protection in the FCA’s Proceedings
On January 29, 2020, the Cour de Cassation issued two judgments relating to decisions from the FCA’s Rapporteur Général to waive the protection of business secrets granted to a party in proceedings before the FCA. In the first judgment, the Cour de Cassation held that the Rapporteur Général must provide concrete reasons in order to waive the protection of business secrets granted to a party in proceedings involving other parties. Conversely, in the second judgment, the proceedings did not involve any other parties, and the Cour de Cassation upheld the Rapporteur Général’s decision to waive the protection of business secrets initially granted to a party. The Cour de Cassation considered that the Rapporteur Général’s decision would not risk exposing that party’s business secrets to any third parties.
The FCA Publishes an Antitrust Practical Guide for SMEs
In February 2020, the FCA published a practical guide on the application of antitrust rules to small and medium-sized enterprises. The FCA published this guide with the knowledge that SMEs often lack the resources to be fully aware of and comply with antitrust rules.
German Government Proposes Significant Reform of Competition Law
On January 24, 2020, the German Ministry for Economic Affairs published a draft proposal for the 10th Amendment to the German Act against Restraints of Competition (“Draft Proposal”). Its main objectives are (i) to enable and strengthen the protection of competition in digital markets, (ii) to make German competition law and its enforcement more efficient in general, and (iii) to implement the ECN+ Directive[1].
The FCA Issues a Study on Behavioral Remedies
In January 2020, the FCA published its study on behavioral remedies in merger control and anticompetitive practices.[1] The study takes stock of the FCA’s decisional practice on behavioral remedies and provides material for broader discussion amongst competition law practitioners and academics.