On June 11, 2021, the French Competition Authority (“FCA”) published a draft to update its Notice on fines.[1] The draft is subject to a public consultation which was held between June 11 and 25, 2021. According to the FCA, the update was prompted by the entry into force of ordinance No.2021-649 of May 26, 2021, which implements Directive (EU) 2019/1 of the European Parliament and of the Council of December 11, 2018 (“ECN+ Directive”), whose aim is to strengthen and harmonize competition enforcement by national authorities.
The French Cour de Cassation Confirms the Paris Court of Appeals’ Ruling on SNCF’s Predatory Pricing Practices
On June 9, 2021, the French Cour de cassation (“Cour de cassation”) put an end to a legal saga involving the French legacy train operator SNCF’s anticompetitive practices in the railway freight sector.[1] The Cour de cassation confirmed the Paris Court of Appeals’ December 20, 2018 ruling[2] that had found that the SNCF had breached Articles L. 420-2 of the French Commercial Code and 102 TFEU by applying a predatory pricing strategy to prevent rivals from entering into key contracts in the market for transport of full-train-load.
FCO Launches Public Consultations on “Self-Cleaning Guidelines”
On June 8, 2021, the FCO published its draft “Guidelines for the premature deletion of an entry in the Competition Register due to self-cleaning”[1] as well as its draft “Practical guide on filing an application for premature deletion”.[2] In addition, it opened public consultations on the drafts. Interested parties were invited to submit their comments by July 20, 2021.
The Council of State Confirms a TAR Lazio Judgment That Upheld an ICA Decision Concerning a Cartels in the Helicopter Transport Services
On May 6, 2021, the Council of State rejected the appeals lodged by Elifriulia S.r.l and Star Work Sky S.a.s. (the “Parties”)[1] against the TAR Lazio judgment[2] that upheld the 2019 ICA decision fining the Parties approximately €67 million for restrictive agreements concerning certain helicopter transport services.[3]
The TAR Lazio Fully Upholds an ICA Decision That Fined a Legal Monopolist in the Local Public Passenger Transport for Refusal to Supply Essential Information
On May 17, 2021, the Regional Administrative Tribunal of Lazio (“TAR Lazio”) rejected the application for annulment lodged by SAD – Trasporto Locale S.p.A. (“SAD”), a company entrusted by the Autonomous Province of Bolzano (“APB”) with the provision of road passenger transport services in the Bolzano area,[1] against the 2019 decision by which the Italian Competition Authority (“ICA”) fined SAD for abuse of dominance under Article 102 TFEU.[2]
Royal Mail plc v Office of Communications
On 7 May 2021, the Court of Appeal dismissed the appeal by Royal Mail plc (Royal Mail) of
The Commission Proposes a Draft Regulation to Tackle Potential Distortions Caused by Foreign Subsidies
Background
On May 5, 2021, the Commission proposed a draft regulation to tackle potential distortions in the internal market caused by foreign subsidies (“Draft Regulation”).[1]
The ICA Fines a Radio Taxi Company for Abuse of Dominance in the Market for the Collection and Sorting of Orders for Taxi Services in Turin but Reduces the Fine To Take Into Account the Economic Consequences of the COVID-19 Pandemic
On April 27, 2021, the ICA imposed a fine on Società Cooperativa Taxi Torino, a cooperative of taxi operators (hereinafter “Taxi Torino”), for abusing its dominant position in the market for the collection and sorting of taxi orders in the municipality of Turin (the “Decision”).[1] In particular, following a complaint submitted by a company that manages a mobile app connecting taxi drivers and consumers (Mytaxi Italia S.r.l.; “Mytaxi”), the ICA’s investigation focused on some clauses in Taxi Torino’s by-laws, which imposed a non-compete obligation on taxi drivers participating in Taxi Torino’s network and had the effect of foreclosing the market, also in light of Taxi Torino’s dominant position and the lack of actual competition.
The Commission Fines Three Railway Companies for Their Participation in a Customer Allocation Cartels
On April 20, 2021, the Commission fined Österreichische Bundesbahnen (“ÖBB”), Deutsche Bahn (“DB”) and Société Nationale des Chemins de fer belges/Nationale Maatschappij der Belgische Spoorwegen (“SNCB”) for their participation in a customer allocation cartel in the market for cross-border rail cargo transport services on blocktrains. The fine imposed amounts to a total of approximately €48 million and includes reductions following the leniency application of all three companies and their settlement with the Commission.[1]
Joint Statement by the CMA, ACCC and Bundeskartellamt on the Need for Rigorous Merger Enforcement
In recent years, the CMA has been strengthening its approach to merger control as it prepares for its new status as a global enforcer with expanded jurisdiction following the UK’s exit from the EU. Since 1 January 2021, the CMA has been able to investigate the UK aspects of mergers that also qualify for review by the EU Commission (EC). Many transactions, including major global deals, are therefore now subject to parallel review by the EC and CMA.