On June 27, 2019, the German Federal Cartel Office (“FCO”) published its Annual Report 2018 as well as its biennial Activity Report 2017/2018.[1] Andreas Mundt, the President of the FCO, pointed out that the FCO has a clear digital agenda with a focus on the digital economy and the protection of consumer rights, which it will continue to pursue this year.
The Council of State Annuls a Judgment of the TAR Lazio Concerning the Amount of the Fine for Participation in a Cartels in the Road Safety Barriers Sector in Light of the Applicant’s Reduced Ability To Pay
On June 25, 2019, the Italian Council of State (“Council of State”) partially upheld the appeal lodged by Società Metalmeccanica Fracasso in Liquidazione S.p.A. (“Metalmeccanica Fracasso”) against the judgment issued by the Regional Administrative Tribunal of Latium (“TAR Lazio”) on February 1, 2017 (“Judgment”),[1] which had confirmed the decision of the Italian Competition Authority (“ICA”) to re-determine the fine imposed on Metalmeccanica Fracasso for an alleged restrictive agreement.[2]
The Council of State Annuls the TAR Lazio’s Decision To Reduce the Fine Imposed on San Marco for a Cartels in the Road Safety Barriers Sector
On June 20, 2019, the Council of State partially annulled a ruling delivered by the TAR Lazio in 2013,[1] which had reduced the fine imposed by the ICA on San Marco S.p.A. – Industria Costruzioni Meccaniche in liquidazione (“San Marco”) for an alleged cartel in the road safety barriers sector.[2] The Council of State held that the TAR Lazio, on the basis of equitable principles and by taking into account the fact that the company was bankrupt, had unlawfully reduced the fine imposed on San Marco.
CMA Publishes Merger Remedy Evaluation
In June 2019, the CMA published its Merger Remedy Evaluations Report (the Report) – the latest in a series of case evaluations conducted to develop the CMA’s expertise, policy, and practice on merger remedies. The Report notes that its findings will be “used to inform the way in which the CMA approaches remedy design and implementation in subsequent cases.” The Report contains useful guidance for parties on the types of remedies that the CMA is prepared to accept or may require.
The Commission Prohibits Tata/Thyssenkrupp JV as the Parties Fail To Offer Suitable Remedies
On June 11, 2019, the Commission prohibited the then-proposed joint venture between Tata Steel and Thyssenkrupp as the parties failed to provide commitments that fully addressed the Commission’s concerns.[1] In Thyssenkrupp’s view, offering commitments would have “adversely affected the intended synergies of the merger to such extent that the economic logic of the joint venture would no longer be valid.”[2]
The TAR Lazio Upholds the Interim Measures Adopted by the ICA in an Investigation Concerning an Alleged Abuse in the Market for Taxi Demand Management Services in Turin
On June 7, 2019, the TAR Lazio rejected the appeal filed by Società Cooperativa Taxi Torino (“Taxi Torino”) against the interim measures adopted by the ICA on November 29, 2018, in an investigation concerning an alleged abuse in the market for taxi demand management services in Turin.[1]
The Inspection Générale Des Finances and the Conseil Général de L’éConomie Publishes a Report on EU Competition Policy and Industrial Strategy
On June 2, 2019, the Inspection générale des finances and the Conseil général de l’économie published a report on the EU competition policy and industrial strategy (the “Report”). The Report was commissioned by the Ministry of Economy and Finance in December 2018 and aimed at assessing EU competition policy in the context of the 2019 European elections. The Report highlights the necessity to reshape the procedures and legal instruments used by the European Commission, in particular in merger control, to answer a number of criticisms raised by the French and German governments following the decision of the European Commission to prohibit the Alstom- Siemens merger on February 6, 2019.[1] The Report states that competition policy seems to be applied more strictly in Europe than elsewhere, including China, and that the European Union’s strategic and industrial interests should be given more consideration in competition decisions.
UK Trucks Claim v Fiat Chrysler and Others; Road Haulage Association v Man SE and Others
On 17 May 2019, hearings regarding collective proceedings orders (“CPOs”) in two collective damages actions (also “Trucks” cases) were adjourned
The French Conseil Constitutionnel Invalidates the Provisions of the PACTE Law Empowering the Government to Transpose the ECN+ Directive Into French Law
On May 16, 2019, the French Conseil constitutionnel validated most of the provisions of the law on business growth and transformation (“loi relative à la croissance et la transformation des entreprises” or “PACTE law”), but deemed that the provisions relating to the transposition of the ECN+ directive into French law violated the Constitution.
The Conseil Constitutionnel Validates Provisions Enabling the French Competition Authority to Request Access to Telephone Data From Companies’ Employees
On May 16, 2019, the Conseil Constitutionnel issued a decision on the conformity with the French Constitution of various provisions of the Law on the growth and the transformation of companies (“Loi Pacte”).[1] The Conseil censured several provisions of that law for the lack of connection with the initial bill. These included in particular Article 211, which provided the Government with the power to transpose the directive ECN+ into French law, and adopt various measures meant to strengthen the efficiency of procedures implemented by the FCA.