The Competition Appeal Tribunal (CAT) has granted a claim for damages by Achilles Information Limited (“Achilles”) against Network Rail Infrastructure Limited (“Network Rail”).  The Judgment is the CAT’s first damages award arising from a standalone claim since 2016, and follows the CAT’s earlier finding that Network Rail had breached Chapter 1 and Chapter 2 of the Competition Act 1998 (the “Act”).

On February 17, 2021, the German Federal Cartel Office (“FCO”) published its third report on market power in the electricity generation sector (“Market Power Report”), analyzing the competitive landscape from October 1, 2020 to September 30, 2021.[1]  Again, the FCO published its results one year earlier than statutorily required because of the continuing phase-out of nuclear and coal energy.

On February 11, 2022, the German Federal Cartel Office (“FCO”) approved the acquisition of OMV Retail Deutschland GmbH’s (“OMV”) filling station network by the British convenience retailer EG Group Limited (“EG Group”).  The FCO’s approval is subject to the prior divestiture of 25 EG Group filling stations and 23 OMV filling stations in southern Germany.[1]

On February 4, 2022, the Commission released a revised draft dual distribution guidance[1] within the broader context of the ongoing review of EU vertical rules.

On January 26, 2022, the Council of State[1] upheld a TAR Lazio judgment rejecting an application brought by Società Green Network S.p.A. (“GN”)[2] for annulment of an ICA decision concerning an alleged violation of Article 102 TFEU (the “Decision”).[3]

On Tuesday, January 18th, FTC Chair Lina Khan and DOJ Antitrust Division Assistant Attorney General Jonathan Kanter held a joint press conference in which they announced ambitious plans to review and update the Merger Guidelines, targeting a release of new guidelines before the end of 2022.

On January 12, 2022, former European Central Bank official Benoît Coeuré was appointed President of the French Competition Authority (“FCA”) following his hearing by both houses of the French Parliament.[1] He was unanimously appointed by members of the Commission for Economic Affairs of the Assemblée Nationale, while the Commission for Economic Affairs of the Sénat displayed a more balanced distribution of votes (only 12 in favor out of 22 votes cast).