On September 2, 2021, Advocate General (“AG”) Bobek issued his opinions on two preliminary ruling requests, Bpost[1] and Nordzucker (the “Opinions”),[2] recommending to harmonize the principle of ne bis in idem—otherwise known as the double jeopardy test—in the EU, as it applies to all branches of EU law. AG Bobek suggested that application of the ne bis in idem principle should be based on a “triple identity” test: namely, of the offender, the relevant facts, and the protected legal interest.[3]
The UK Office for the Internal Market Is Officially Launched
In September 2021, the UK Competition and Markets Authority (CMA) announced the official launch of the Office for the Internal Market (OIM), a new unit within the CMA intended to support the effective operation of the UK internal market through monitoring, publishing reports and advice, and making recommendations to the Government. This article examines (i) what the OIM does and why it was introduced; (ii) how the OIM proposes to carry out its functions; (iii) the OIM’s information gathering powers; and (iv) broader implications for UK competition policy.
The Council of State Reaffirms Its Position Concerning the Assessment of the “Value of Sales” and the “Entry Fee” in Calculating the Fines for a Bid Rigging Case
The Council of State Further Upholds an Ica Decision Concerning a Cartel in Helicopter Transport Services
Between August 18 and August 23, the Council of State rejected the separate appeals filed by Babcock Mission Critical Services International S.A. (“Babcock International”), Heliwest S.r.l. (“Heliwest”), Elitellina S.r.l. (“Elitellina”), Eliossola S.r.l. (“Eliossola”) and Associazione Elicotteristica Italiana (“AEI” and, jointly with Babcock International, Heliwest, Elitellina and Eliossola, the “Parties”) against judgments issued by the Regional Administrative Tribunal of Lazio (“TAR Lazio”), which had confirmed a 2019 ICA decision.
The French Competition Authority Publishes Its Revised Fining Guidelines
On July 30, 2021, the French Competition Authority (“FCA”) published its revised Fining Guidelines, which repealed and replaced the 2011 guidelines.[1] In June, the FCA had opened a public consultation on a draft, which provided for different changes of the method of calculation of fines. While the Guidelines as published have retained those changes, they also include several more minor ones resulting from the public consultation.
Application To Bring Collective Damages Action Against Govia Thameslink for Abuse of Dominance on the London-Brighton Mainline
On 27 July 2021, the CAT published an application for a collective proceedings order to commence standalone proceedings on an
CMA Publishes Results of Electric Vehicle Charging Market Study and Opens Investigation Into Supply of Electric Vehicle Charging Points on or Near Motorways
On 23 July 2021 the CMA published its final report in its market study into the supply of charging for electric vehicles (“EVs”). The study raises concerns that the rollout of charging points has been slow and disjointed, warning that more needs to be done in the sector ahead of the government’s planned ban on sales of new petrol and diesel cars by 2030.
The Court of Naples Awards First Ever Antitrust Damages in a Follow-on Claim Stemming From the EU “Trucks” Case, Quantifying the Damages on Equitable Principles
On July 6, 2021, the Court of Naples upheld a claim for damages filed by a logistics company (the “Applicant”) against one truck manufacturing company (the “Defendant”) in connection with the purchase of a truck falling within the scope of a European Commission decision of July 2016 (the “2016 Decision”).[1] The 2016 Decision established that the Defendant and four other truck manufacturers colluded for 14 years on truck pricing and on passing on the costs of compliance with emission rules.[2] While several similar claims are currently pending in Italy, this is the first known case in which a court awarded damages.
FCO Presents Annual Report 2020/2021 Focusing On The Digital Economy
On June 23, 2021, the German Federal Cartel Office (“FCO”) published its Annual Report 2020/2021[1] as well as its biennial Activity Report 2019/2020. Andreas Mundt, the President of the FCO, pointed out that the FCO’s enforcement activities continue to focus on the digital economy and consumer protection—especially with the help of the FCO’s new enforcement tools created by the recently introduced 10th Amendment of the German Act Against Restraints of Competition (“ARC”)[2]. The reports also provides various enforcement statistics that show that the FCO continues to be a highly active competition law enforcer in the EU.[3]
CMA Publishes Consultation To Replace the Retained Vertical Agreements Block Exemption Regulation
On 17 June 2021, the CMA published a consultation document on its provisional recommendation to replace the retained EU Vertical Agreements Block Exemption Regulation (VABER) with a UK-specific Vertical Agreements Block Exemption Order (VABEO) (the CMA Consultation). Currently, agreements benefit from automatic exemption from the UK Chapter 1 Prohibition[1] (the equivalent of Article 101 TFEU) if they meet the criteria set out in the VABER.