The COVID-19 pandemic has caused significant economic disruption, as a consequence of the prolonged and re-occurring shutdowns and the ongoing political and economic uncertainties.
First Merger Control Prohibition Decision Issued by the French Competition Authority
On August 28, 2020, the FCA prohibited for the first time a proposed transaction following an in-depth Phase 2 review.[1] The FCA concluded that Soditroy and the E. Leclerc’s proposed acquisition of joint control over a Géant Casino hypermarket around the city of Troyes raised serious competition concerns.
Monopolies Commission Biennial Report XXIII “Competition 2020”
On July 29, 2020, the Monopolies Commission published its Biennial Report XXIII. The Monopolies Commission makes three main recommendations to strengthen the German and European competition regimes.[1]
The French Competition Authority Publishes New Guidelines on Merger Control
On July 23, 2020, the FCA published its new guidelines on merger control[1] (the “Guidelines”), which came into effect on the same day and therefore replaced the previous guidelines issued in 2013.
Commission Adopts Guidance for National Courts When Handling Disclosure of Confidential Information in Private Cartels Follow-on Damages Litigation
Following a public consultation launched in July 2019,[1] the Commission adopted a guidance document[2] on the protection of confidential information in proceedings for the private enforcement of EU competition law based on the Antitrust Damages Directive (“ADD”).[3] The Confidentiality Guidance is intended for use by national courts to ensure consistency across Member States regarding access to and the protection of confidential information disclosed in private enforcement proceedings. The Communication is not binding and does not modify the rules applicable in different Member States, but rather outlines a number of measures and tools national courts may employ to help protect confidential information.
Strident Publishing Limited v Creative Scotland
On 21 July 2020, the CAT published a ruling refusing to grant Strident Publishing Limited (Strident) permission
The French Competition Authority Fines 12 Cold Meat Manufacturers €93 Million for Operating a Cartels
On July 16, 2020, the French Competition Authority (“FCA”) imposed a €93 million fine on 12 manufacturers for their participation in a cartel in the ham and cold meat sector.[1] The FCA started its investigation in 2012, following a complaint from a slaughterhouse and a leniency application by Campofrio, a cold meat manufacturer. The FCA subsequently conducted dawn raids at the 12 cold meat manufacturers’ premises in 2013.
Commission Publishes 2019 Annual Activity Report
On July 9, 2020, the Commission published its annual report on competition policy, setting out the Commission’s main policy and legislative initiatives, as well as key decisions adopted in 2019.[1]
Paris Court of Appeals Fully Annuls a May 2014 Search Warrant and Subsequent Dawn Raids Carried Out at Whirlpool France’s Premises
On July 8, 2020, the Paris Court of Appeals (“Court of Appeals”) fully annulled a May 2014 search warrant and subsequent dawn raids carried out at Whirlpool France’s premises (“Whirlpool”).[1] The Court of Appeals also ordered the FCA to return all of Whirlpool’s seized documents.
Dortmund Regional Court on Group Liability for Cartels Damages
On July 8, 2020, the Dortmund Regional Court for the first time considered a group liability of all companies forming an economic unit for cartel damages.[1] The court concluded—in line with the Court of Justice of the European Union’s (“CJEU”) recent case law—that the broader notion of an “undertaking” (in the sense of the economic unit) under EU law also applies in damages actions under national law.