On October 20, 2021, the Court of Naples upheld a claim for damages filed by an Italian logistics company (the “Applicant”), on the basis of a European Commission decision of July 2016,[1] against truck manufacturer Iveco S.p.A. (“Iveco”), in connection with the plaintiff’s purchase of numerous trucks from the defendant. According to the European Commission decision, Iveco and four other truck manufacturers colluded for over 13 years on truck pricing and on the costs of compliance with emission rules (the “EC Decision”).[2]
CAT Publishes CPO in Justin Gutmann v London & South Eastern Railway, South Western Trains, Stagecoach South Western Trains
On 19 October 2021, the CAT published its judgment on the strike-out and collective proceedings order (CPO) applications in the claims brought by Mr. Justin Gutmann alleging abuse of dominance by London & South Eastern Railway Limited, First MTR South Western Trains Limited, and Stagecoach South Western Trains Limited.
Isabelle de Silva Steps Down as Head of the French Competition Authority
October 13, 2021 marked the end of Isabelle de Silva’s five-year term as President of the FCA.
FCO’s New Guidelines On Lenieny And Antitrust Fines
On October 11, 2021, the FCO published two new guidelines, the leniency guidelines and guidelines on the setting of antitrust fines.[1] Both guidelines reflect revisions to the Act against Restraints of Competition (“ARC”) resulting from the 10th Amendment of the ARC earlier in 2021.[2] While the leniency program was legally anchored only by the 10th Amendment of the ARC, the FCO’s new leniency guidelines largely correspond to the former guidelines as issued in 2000 and updated in 2006. In contrast, the FCO’s new fining guidelines substantiate several important methodical changes introduced to the law by the 10th Amendment of the ARC and implement judicial practice which has in the past differed considerably from the FCO’s principles in some cases.
The Court Of Justice Confirms That Subsidiaries Can Be Held Liable For The Antitrust Infringements Of Parent Companies
On October 6, 2021, the Grand Chamber of the Court of Justice handed down a landmark judgment concerning the issue of downward liability in antitrust follow-on damages claims.[1] While the parental (or upward) liability doctrine has long been established,[2] for the first time, the Court of Justice shed light on whether subsidiaries can be held liable for their parents’ antitrust infringements in both public and private enforcement contexts. The ruling answered this question affirmatively, so long as the subsidiary and the parent company form part of the same undertaking.
The Cour de Cassation Dismisses All Grounds of Appeal in the French Courier Cartel Case
On September 22, 2021, the Cour de cassation upheld the 2018 judgement of the Paris Court of Appeals[1] which had confirmed the French Competition Authority (the “FCA”)’s infringement findings nonetheless reducing the amount of the financial penalties imposed on 21 companies in 2015.[2] This ruling closes a 13-year saga and provides a deep-dive analysis into the FCA’s fine calculation methodology.
The ICA Fines a Milan Radio Taxi Company for Non-compliance With a Previous Infringement Decision
In a decision issued on September 21, 2021,[1] the ICA fined Yellow Tax Multiservice S.r.l. (“Yellow Tax”) for non-compliance with a previous decision finding an infringement of Article 101 TFEU.
Commission Continues Quest for Green Revolution With Competition Policy in Support of Europe’s Green Ambition
On September 10, 2021, the European Commission published a policy brief on “Competition Policy in Support of Europe’s Green Ambition” (the “Policy Brief”).[1] A year after Executive Vice-President Margrethe Vestager called for a greener EU competition policy,[2] the Policy Brief summarizes the key takeaways from the stakeholder consultation and sets out the Commission’s ambitions for a greener competition policy. The key message being that “a green competition policy still has to be – well, a competition policy.”[3]
The French Competition Authority Sanctions Boycotting Practices Against Digital Intermediation Platforms in the Road Freight Sector
In a decision dated September 9, 2021, the French Competition Authority (the “FCA”) imposed a total fine of €500,000 on several players in the road freight sector for participating in a single, complex and continuous infringement aimed at organizing a collective boycott of new digital intermediation platforms and geolocation software applications (the “Decision”).[1]
Council of State Upholds a Tar Lazio Judgment Annulling the ICA Decision Concerning the Helicopter Transport Services Cartel
On September 6, 2021, the Council of State dismissed an appeal brought by the ICA[1] against a TAR Lazio judgment[2] that annulled an ICA decision[3] concerning the parent company – AIRI S.r.l.(the “Parent”) and its subsidiary Air Company S.r.l. (the “Subsidiary”, together, the “Parties”) – accused of participating in a cartel regarding helicopter transport services.