As of September 5, 2019, the Commission is inviting comments on the roadmap for the evaluation of the horizontal block exemption regulations on research and development agreements[1] and specialization agreements[2] (the “Horizontal Block Exemption Regulations”).
Nomination of Supervisory Board Member Not Gun Jumping
On August 26, 2019, the DCA dismissed a claim based on allegations of gun jumping against the appointment of a new member of Ceconomy AG’s (“Ceconomy”) supervisory board.[1]
The Polynesian Competition Authority Fines a Company for Excessive Prices for the First Time
On August 22, 2019, the Polynesian Competition Authority (PCA) imposed a fine of 235 million CFP francs (about 2 million euros) on the retail division of the Wane group for having imposed excessively high prices for the refrigeration of its suppliers’ beverages.[1] This is the first abuse of dominance decision and, more generally, the first contentious ruling by the PCA since its creation in 2016.
Council of State Reduces Fines in Vending Machines Cartels
On August 5, 2019, the Council of State partially annulled several judgments delivered by the TAR Lazio in 2017,[1] which had upheld the ICA’s decision to fine—among others—Gruppo Illiria S.p.A. (“Illiria”) and Supermatic S.p.A. (“Supermatic”) for having participated in an alleged cartel in the market for vending machines.
The Milan Court of Appeal Upholds Judgment of Milan Court in Airport Luggage Wrapping Case
On July 30, 2019, the Milan Court of Appeal (the “Court of Appeal”) fully upheld a ruling of the Milan Court finding that Società per Azioni Servizi Aeroportuali (“SEA”) and Aeroporti di Roma (“ADR”) had put in place several anticompetitive practices in violation of Articles 101 and 102 TFEU.[1]
The Commission Is Investigating Amazon’s Use of Retailer Data
On July 17, 2019, the Commission announced the opening of a formal investigation into Amazon’s use of sensitive independent retailer data that may potentially breach Article 101/102 TFEU.[1]
The ICA Imposed Fines of €287 Million on the Main Manufacturers of Corrugated Cardboard Sheets and Cases for Two Separate Cartels
On July 17, 2019, the Italian Competition Authority (the “ICA”) imposed fines in excess of €287 million on 23 companies for two distinct anticompetitive agreements in breach of Article 101 TFEU (the “Decision” and the “Infringements”, respectively).[1] According to the ICA, the two cartels were implemented in two different markets which were vertically related to each other, namely the upstream market for corrugated cardboard sheets (the “Sheets Cartel”) and the downstream market for corrugated cardboard cases (the “Cases Cartel”). The Infringements allegedly also involved the relevant trade association Gruppo Italiano Fabbricanti Cartone Ondulato (“GIFCO”).
Amazon Changes Business Terms Following FCO Investigation
On July 17, 2019, the FCO terminated its abuse proceedings into Amazon.com, Inc.’s (“Amazon”) German online marketplace, Amazon.de, after Amazon had committed to making several changes to its business terms towards sellers on its marketplace. The commitments apply not only to Amazon’s business terms in Germany, but also worldwide on all its marketplaces.[1]
Commission Publishes 2018 Annual Activity Report
On July 15, 2019, the Commission published its annual report on competition policy, setting out the Commission’s main policy and legislative initiatives, and key decisions adopted in 2018.
The Council of State Grants the ICA’s Appeal and Reverses the Lower Court’s Ruling Annulling a 2015 Decision Concerning an Unlawful Concerted Practice in the Railways Supply Sector Among Suppliers of Goods and Electromechanical Services for the Railway Sector
On July 11, 2019, the Council of State set aside a judgment issued by the TAR Lazio in 2016,[1] which had annulled an ICA decision fining Firema S.p.A. (“Firema”) approximately €230,000 for its participation, together with 12 other undertakings, in a single and continuous infringement by object consisting of a secret concerted practice in the context of 24 tender procedures for the purchase of goods (mostly coils for electric traction motors) and electromechanical services (mostly repair and maintenance of those engines) for the railway sector called by awarding authority Trenitalia S.p.a.[2]