On August 17, 2020, the General Court ordered the Commission to pay EUR 270,250 in recoverable costs to UPS.[1] UPS’ application for costs followed its successful 2017 action for annulment of the Commission’s January 30, 2013, veto of UPS’ takeover of TNT.[2]
The Commission Conditionally Approves Alstom’s Acquisition of Bombardier’s Rail Division
On July 31, 2020, the Commission conditionally approved Alstom’s acquisition of Bombardier’s rail transport division, following a Phase I investigation.[1] The Alstom/Bombardier merger is one of the first complex deals to be cleared during the COVID-19 pandemic.
The Council of State Upholds an ICA Decision Refusing To Review the Amount of a Fine
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 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 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.
The Commission Invites Feedback on the 1997 Market Definition Notice
On June 26, 2020, the Commission opened a public consultation on the 1997 Market Definition Notice (the “Notice”), which sets out the Commission’s formal guidance on the definition of the relevant product and geographic market in competition cases.[1] Until October 9, 2020, anyone interested may visit the Commission’s website (here) and submit comments and respond to the Commission’s questionnaire about the relevance, effectiveness, efficiency, coherence, and value of the Notice as a guidance instrument.
Royal Mail Group Ltd v DAF Trucks Ltd & Ors; BT Group plc & Ors v DAF Trucks Ltd & Ors; Dawsongroup plc & Ors v DAF Trucks N.V. & Ors (“Trucks”)
On 23 June 2020, the CAT handed down its judgment on the costs of a preliminary issues hearing in the