Businesses applying for aid in disadvantaged regions of the EU will face new rules after December 31, 2021.
The new
Cleary Gottlieb Antitrust Developments in Europe 2020
Cleary Gottlieb partners Romano Subiotto QC and Robbert Snelders, in collaboration with our Antitrust practice, are thrilled to present
The FCO’s Enforcement Actions In 2021 In Relation To Resale Price Maintenance
In 2021, the German Federal Cartel Office (“FCO”) concluded three major proceedings on resale price maintenance and vertical price fixing. It fined five musical instrument companies a total of € 21 million for resale price maintenance and horizontal price-fixing, a backpack maker € 2 million for setting minimum retail prices, and consumer electronics manufacturer € 7 million for resale price maintenance. These cases illustrate that the FCO considers resale price maintenance a serious infringement for which it imposes significant fines.
Developments In 2021 In Relation To Horizontal Agreements
In 2021, the German Federal Cartel Office (“FCO”) concluded a long-lasting proceeding into price fixing and information exchange in the stainless steel sector after it had already in early 2021 fined steel forgers € 35 million for information[1], while it unsuccessfully defended its decision relating to an alleged “Kölsch” beer cartel before the Düsseldorf Court of Appeal (“DCA”). The FCO will find itself before the courts again soon as it has appealed the DCA’s “Kölsch” beer cartel judgment and two undertakings have appealed the FCO’s stainless steel cartel decision.
The Paris Court of Appeals Overrules Paris Commercial Court’s Dismissal of Follow-on Damage Claim in the Dairy Products Case
On November 24, 2021, the Paris Court of Appeals overruled the Paris Commercial Court’s dismissal of the follow-on damage claim brought by two supermarket chains in the dairy products case.[1] The Court of Appeals considered that the applicants had sufficiently substantiated the economic assessment of their harm. It also considered that they had only partially passed on the additional costs and therefore could claim damages for the costs that had not been passed on to consumers.
COVID-19, Green And Digital Transition, European Single Market: The Commission Outlines The New Challenges Facing EU Competition Policy
On November 18, 2021, the Commission published its communication entitled “a competition policy fit for new challenges” (the “Communication”).[1] The Communication identifies several areas where an adjusted competition policy could help overcome new challenges the European economy is facing. In particular, the Communication discusses competition policy’s role in Europe’s economic recovery from the COVID-19 pandemic, in supporting the European green[2] and digital transition,[3] and in strengthening the Single market’s resilience.
The French Competition Authority Conducts Dawn Raids at Employees’ Homes in the Food Retail Sector
On November 10, 2021, the French Competition Authority (“FCA”) issued a press release[1] indicating that it raided the premises of several companies in the food retail sector suspected of engaging in anticompetitive practices, as well as the homes of some employees.
The French Cour de Cassation Upholds Dawn Raids Conducted at Swarovski’s Headquarters
In a judgment dated October 19, 2021, the Cour de cassation quashed a Paris Court of Appeal’s judgment invalidating inspections carried out by the French Competition Authority (“FCA”) at Swarovski France’s (“Swarovski”) headquarters in July 2019.[1] The judgment is in line with recent Cour de cassation rulings favorable to the FCA.
Isabelle de Silva Steps Down as Head of the French Competition Authority
October 13, 2021 marked the end of Isabelle de Silva’s five-year term as President of the FCA.
A New Dawn Or A False Dawn? The Commission Revamps Dawn Raids
The Commission is returning to the office; but not just to its own. It recently launched dawn raids in three separate investigations and warned of more to come after two years of inactivity in this regard. The COVID-19 pandemic made it impracticable for the Commission to conduct dawn raids, let alone coordinate in multiple countries at once. The receding pandemic, however, allows for a rise in dawn raids.