CMA Activity
As in 2017, the CMA leadership devoted much of 2018 to preparing for Brexit – publishing draft regulations, revising guidance, and increasing the CMA’s workforce.
2018 Year-End Review: Record Amount of Competition Fines, Cartels Fines on the Decline, Increased Practice of Pull-and-Refile in Mergers
The Commission issued fines totaling €6.5 billion in 2018, which is a new record and almost double the amount of competition fines in 2017.
The Council of State Reduces the ICA’s Fine on a Cement Manufacturer
On December 31, 2018, the Council of State upheld the ICA’s infringement decision in the Cement cartel case,[1] but
2018 Year-end Review: Record Amount of Competition Fines, Cartels Fines on the Decline, Increased Practice of Pull-and-Refile in Mergers
The Commission issued fines totaling €6.5 billion in 2018, which is a new record and almost double the amount of competition fines in 2017.
The French Competition Authority Issues a Notice Concerning Settlement Proceedings
Three years after the introduction of a settlement procedure in its legal arsenal, the FCA has issued guidelines on the conduct of settlement proceedings (the “Settlement Notice”). The Settlement Notice aims at clarifying the framework under which companies may be granted fine reductions in the context of antitrust investigations. However, several questions are still pending, including the determination of the final amount of the fine by the FCA’s Collège and the impact of settlement proceedings on follow-on damages claims.
The ICA Focuses on the Liberalization of Electricity Markets in Italy: The Enel Case
On December 20, 2018, the Italian Competition Authority (“ICA”) fined Enel, a multinational energy company active, among other things, in the distribution and sale of electricity in Italy, over €93 million for abusing its dominant position on certain local markets for the retail supply of electricity.[1] On the same day, the ICA issued two decisions in parallel cases concerning similar allegations against two other companies.[2]
FCJ Quashed Fining Decision Against LPG Cartels
On October 9, 2018, the FCJ quashed the DCA decision that had increased the FCO’s fines on five members of the liquefied petroleum gas (“LPG”) cartel significantly.[1] The FCJ found that the DCA’s calculation of the fines was flawed and referred the case back to the DCA – providing guidance on how to assess the right basis for the fines.