Energy, Chemicals & Infrastructure

On February 1, 2022, the ICA imposed a fine of approximately €10 million on G2 Misuratori S.r.l., Maddalena S.p.A., Itron Italia S.p.A., Sensus Italia S.r.l. and WaterTech S.p.A. (the “Companies”) for having participated, between December 2011 and September 2019, in an agreement restricting competition in at least 161 public tenders launched by national integrated water service operators for the procurement of meters for the legal measurement of water consumption.

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).

On January 4, 2022, the Cour de cassation confirmed the rulings of the president of the Court of Appeals validating dawn raids carried out in May 2017 by the French Competition Authority (“FCA”) in the rendering sector.[1]

On December 22, 2021, the German Federal Cartel Office (“FCO”) published its annual review for 2021.[1]  As done already on the occasion of the presentation of its Annual Report 2020/2021,[2] the FCO’s President, Andreas Mundt, emphasized again that the protection of competition in the digital economy remains one of the FCO’s top priorities.  He underlined that also merger control will continue to serve as a key tool to achieve this goal.  In addition, he pointed out that the FCO would welcome powers of intervention also with regard to infringements of consumer rights.

The UK Government has stated that the review of mergers in the UK “should be as efficient as possible, focusing its attention on mergers most likely to be harmful to competition and consumers, without unduly hindering benign investment.”[1] To that end, the UK has a voluntary, non-suspensive system of merger control, intended to promote greater flexibility and proportionality than a suspensory regime.