On March 26, 2021, the French Conseil constitutionnel ruled that Article L. 464-2(5), 2° of the French Commercial Code, under which the French Competition Authority (“FCA”) may impose a fine of up to 1% of an undertaking’s turnover for obstructing an investigation, was contrary to the French Constitution.[1]
CMA publishes new Merger Assessment Guidelines
On 18 March, the CMA published new Merger Assessment Guidelines (the New Guidelines). Under the New Guidelines, the CMA will adopt a more flexible approach to the substantive assessment of mergers, particularly in digital markets. The New Guidelines also suggest the CMA will look to intervene in mergers where market shares are low or where the evidence of anticompetitive effects is slim.
Preventx v. Royal Mail Group
On 11 February 2021, the High Court issued a consent order dismissing Preventx’s abuse of dominance claim against Royal Mail
Dortmund Regional Court Aligns Principles for Jurisdiction With EU Law
On February 10, 2021, the Dortmund Regional Court set out principles for determining jurisdiction, specifically in competition damages litigation.[1]
FCJ Accepts Liquidated Damages Clauses of up to 15% For Cartel Infringements in Buyer’s Terms and Conditions
On February 10, 2021, the FCJ declared liquidated damages clauses for cartel damages of up to 15% admissible in its sixth ruling in connection with the so-called “rail cartel”.[1]
The Council of State Partially Reinstates an ICA Decision Fining Railway Companies for Dilatory Tactics
In a judgment issued on February 2, 2021,[1] the Council of State confirmed that Rete Ferroviaria Italiana S.p.A. (the Italian railway network manager, “RFI”) and Trenitalia S.p.A. (an Italian railway transport operator, “Trenitalia”) abused market dominance by engaging in dilatory tactics in the context of proceedings with the competent authorities, thus hindering access of a new entrant, Arenaways S.p.A. (“Arenaways”), to the railway passenger transport sector.
The Council of State Partially Reinstates an ICA Decision Fining Railway Companies for Dilatory Tactics
In a judgment issued on February 2, 2021,[1] the Council of State confirmed that Rete Ferroviaria Italiana S.p.A. (the Italian railway network manager, “RFI”) and Trenitalia S.p.A. (an Italian railway transport operator, “Trenitalia”) abused market dominance by engaging in dilatory tactics in the context of proceedings with the competent authorities, thus hindering access of a new entrant, Arenaways S.p.A. (“Arenaways”), to the railway passenger transport sector.
The French Competition Authority Publishes a Study on Professional Associations
In connection with the forthcoming transposition of Directive No. 2019/1 (the “ECN+ Directive”), which exposes professional associations to higher fines for anti-competitive practices, the French Competition Authority (“FCA”) has published a study on how competition law applies to professional associations and made a number of practical recommendations.[1]
UKRS Training Limited v NSAR
On 15 January 2021, the CAT published an order consenting to UKRS Training Limited (UKRS) withdrawing its action against NSAR Limited (NSAR) alleging a breach of the Chapter 2 prohibition.