Following the FCO’s intervention, Liebherr- Hausgeräte Vertriebs- und Service GmbH (“Liebherr”) dropped certain sales conditions which in the FCO’s preliminary view would have resulted in disadvantaging online sales compared to sales in brick-and-mortar shops.[1]
The Conseil Constitutionnel Holds That Article L. 464-2(5), 2° of the French Commercial Code Is Contrary to the Constitution
On March 26, 2021, the French Conseil constitutionnel ruled that Article L. 464-2(5), 2° of the French Commercial Code, under which the French Competition Authority (“FCA”) may impose a fine of up to 1% of an undertaking’s turnover for obstructing an investigation, was contrary to the French Constitution.[1]
Transforming European Merger Control: The Commission Specifies When It Will Seek To Review Mergers That Are Not Subject to Any Filing Requirements
The French Competition Authority Fines Leading Manufacturers of Industrial Sandwiches €24 Million for Entering Into an Anticompetitive Agreement
On March 24, 2021, the FCA sanctioned[1] three manufacturers of industrial sandwiches sold under private labels, La Toque Angevine (“LTA”), Daunat, and Roland Monterrat, for fixing prices and market allocation in France.
CMA publishes new Merger Assessment Guidelines
On 18 March, the CMA published new Merger Assessment Guidelines (the New Guidelines). Under the New Guidelines, the CMA will adopt a more flexible approach to the substantive assessment of mergers, particularly in digital markets. The New Guidelines also suggest the CMA will look to intervene in mergers where market shares are low or where the evidence of anticompetitive effects is slim.
Deutsche Post Commits to Abandon Rebate System for Newspaper Post
On February 26, 2021, the FCO closed its investigation of Deutsche Post AG’s (“Deutsche Post”) rebate scheme for addressed newspapers and magazines (“newspaper post”) after Deutsche Post adjusted its pricing policies.[1]
The French Cour de Cassation Confirms That a Company May Be Considered To Participate in a Cartel as Long as the Other Colluding Firms Believe In Its Involvement
Dortmund Regional Court Aligns Principles for Jurisdiction With EU Law
On February 10, 2021, the Dortmund Regional Court set out principles for determining jurisdiction, specifically in competition damages litigation.[1]
Hanover Court Dismissed Claims in Sugar Cartels for Lack of Standing
On February 1, 2021, the Hanover Regional Court dismissed a claim brought by special purpose vehicle Retail Cartel Damage Claims SA (“CDC”) against sugar manufacturers Nordzucker AG, Südzucker AG and Pfeifer & Langen GmbH & Co. KG, on the basis that the CDC had no standing to sue.[1]
The French Competition Authority Publishes a Study on Professional Associations
In connection with the forthcoming transposition of Directive No. 2019/1 (the “ECN+ Directive”), which exposes professional associations to higher fines for anti-competitive practices, the French Competition Authority (“FCA”) has published a study on how competition law applies to professional associations and made a number of practical recommendations.[1]