On March 16, 2021, the Commission announced the opening of a formal investigation into Public Power Corporation (“PPC”), the largest wholesale and retail electricity supplier in Greece, and majority-owned by the Greek State, for allegedly abusing its dominance in the Greek wholesale electricity sector through predatory pricing strategies arising from its bidding behavior.[1]
The ICA Accepts Commitments by Italgas Reti for an Alleged Abuse of Dominance in the Gas Distribution Sector
On February 23, 2021, the Italian Competition Authority (the “ICA”) made legally binding the commitments offered by Italgas Reti S.p.A. (“Italgas”), a company active in the gas distribution sector in the province of Venice, which belongs to the Italgas group (the “Decision”).[1] Italgas’ commitments were found to address adequately the ICA’s concerns that the company may have abused its dominant position in the local market for the provision of natural gas distribution services, in violation of Article 102 TFEU. According to the ICA’s decision to open the investigation, Italgas’ conduct was allegedly aimed at delaying the launch in 2018 of an open tender procedure for the provision of gas distribution services in a number of municipalities in the province of Venice (the “Tender”).
The French Competition Authority Dismisses Interim Measures Against French Electricity Supplier EDF
On February 18, 2021, the FCA announced that it had denied interim measures requested by Plüm Energie, a competing electricity supplier, to prevent Électricité de France (“EDF”) from allegedly abusing its dominant position in the French market for the supply of electricity.
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]
The French Competition Authority Unconditionally Clears Engie’s Acquisition of a Stake in Hydrogen Producer and Distributor DMSE, Factoring in Growing “Green” Demand
On January 29, 2021, the French Competition Authority (“FCA”) unconditionally cleared Engie’s acquisition, through its subsidiary Storengy, of a controlling stake in Dijon Métropole Smart EnergHy (“DMSE”), a joint venture between Dijon Métropole and the Rougeot group specialized in the production and distribution of hydrogen.[1] The FCA cleared the concentration even though the combined entity will become the first and sole operator producing and distributing hydrogen in the Dijon area.
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]
Kerilee Investments Limited v International Tin Association Limited
On 26 January 2021, the CAT published notice of a claim for damages by Kerilee Investments Limited (Kerilee) against the International Tin Association Ltd (ITA). Kerilee is a metal trading SME, incorporated in the UK. The ITA is a UK-based and incorporated trade association and special purpose entity incorporated by guarantee in the UK. The ITA is responsible for the governance, policy, financial, executive and secretariat functions of the International Tin Supply Chain Initiative (ITSCI) conflict mineral due-diligence programme.
One-size-Fits-all: The Ethylene Decision Confirms the Commission’s Practice to Apply a 10% Fine Uplift to Purchaser Cartels
On January 22, 2021, the Commission published the non-confidential version of its July 2020 settlement decision, fining three purchasers of ethylene[1] a total of €260 million for infringing Article 101 TFEU.[2] The case is only the second purchaser cartel sanctioned by the Commission under the 2006 Fining Guidelines, after its Car battery recycling decision.[3]
The French Cour de Cassation Holds That Legal Privilege Applies to All Attorney-client Communications Relating to the Exercise of the Rights of Defence—Even Those Unrelated to the Antitrust Case in Relation to Which the Dawn Raids Are Carried Out
On January 20, 2021, the Criminal Chamber of the Cour de cassation ruled that none of the attorney-client communications relating to the exercise of the client’s rights of defence could be seized during dawn raids, even those that were not related to the antitrust case in relation to which the dawn raids were carried out.
The Court of Justice: Bid-rigging Cartels End With the Signing of the Tender Contract
On January 14, 2021, the Court of Justice held that a bid-rigging infringement[1] ends when the essential characteristics of the tender contract, in particular the amount to be paid for the works that are the subject of the tender contract, have been definitively agreed.[2] This is the moment when the successful bidder and the contracting authority conclude the tender contract, regardless of whether the payment instalments are made, or the works are completed, after this date.