The COVID-19 pandemic has caused significant economic disruption, as a consequence of the prolonged and re-occurring shutdowns and the ongoing political and economic uncertainties.
Lexon (UK) Limited v Competition and Markets Authority
On 27 August 2020, the CMA applied for a director disqualification order against Mr. Pritesh Sonpal in connection with its decision to fine the company of which he is a director, Lexon, for exchanging commercially sensitive information about Nortriptyline Tablets with two other companies.
Preventx v. Royal Mail Group
On 20 August 2020, the High Court ordered an interim injunction against Royal Mail Group in favour of Preventx, a provider of remote diagnostic testing services and clinical referral services for sexually transmitted diseases (STIs).
Monopolies Commission Biennial Report XXIII “Competition 2020”
On July 29, 2020, the Monopolies Commission published its Biennial Report XXIII. The Monopolies Commission makes three main recommendations to strengthen the German and European competition regimes.[1]
The TAR Lazio Quashes an ICA Decision Fining Alleged Bid-rigging Practices in Integrated Health and Safety Management
On July 27, 2020, the TAR Lazio annulled an ICA decision of September 2019, which fined Com Metodi S.p.A. (“Com Metodi”), Sintesi S.p.A. (“Sintesi”), and Igeam S.r.l., Igeamed S.r.l. and Igeam Academy S.r.l. (jointly, “Igeam”) (together, the “Companies”) for participating in an alleged cartel which affected the outcome of the open tender procedure for the provision of integrated health and safety management services in the workplaces at Italian Public Administrations, launched by Consip S.p.A. (“Consip”) in December 2015 (the “SIC 4 Tender”).[1]
The French Competition Authority Publishes New Guidelines on Merger Control
On July 23, 2020, the FCA published its new guidelines on merger control[1] (the “Guidelines”), which came into effect on the same day and therefore replaced the previous guidelines issued in 2013.
Commission Adopts Guidance for National Courts When Handling Disclosure of Confidential Information in Private Cartels Follow-on Damages Litigation
Following a public consultation launched in July 2019,[1] the Commission adopted a guidance document[2] on the protection of confidential information in proceedings for the private enforcement of EU competition law based on the Antitrust Damages Directive (“ADD”).[3] The Confidentiality Guidance is intended for use by national courts to ensure consistency across Member States regarding access to and the protection of confidential information disclosed in private enforcement proceedings. The Communication is not binding and does not modify the rules applicable in different Member States, but rather outlines a number of measures and tools national courts may employ to help protect confidential information.
Commission Seeks Feedback on Aspen Commitments To Reduce Cancer Medication Prices Addressing Concerns Over Excessive Pricing
Commission Publishes 2019 Annual Activity Report
On July 9, 2020, the Commission published its annual report on competition policy, setting out the Commission’s main policy and legislative initiatives, as well as key decisions adopted in 2019.[1]
Dortmund Regional Court on Group Liability for Cartels Damages
On July 8, 2020, the Dortmund Regional Court for the first time considered a group liability of all companies forming an economic unit for cartel damages.[1] The court concluded—in line with the Court of Justice of the European Union’s (“CJEU”) recent case law—that the broader notion of an “undertaking” (in the sense of the economic unit) under EU law also applies in damages actions under national law.