On April 3, 2020, the Commission launched a public consultation to review the adequacy of the 1997 Market Definition Notice (the “Notice”), which sets out the Commission’s formal guidance on the definition of relevant product and geographic market.[1] This kicks off a six-week process to solicit opinions from anyone interested.
The European Commission Authorizes the French Government’s Measures To Face COVID-19
Since the beginning of the COVID-19 outbreak, the French Government has notified a series of measures to the European Commission on the basis of the Temporary Framework adopted by the European Commission in order to enable Member States to support their economy in this specific context.[1] Such measures were authorized by the Commission under Article 107(3)(b) TFEU, as listed below.[2] The Commission also authorized a tax deferral scheme directed at French airlines under Article 107(2)(b) TFEU “to make good the damage caused by natural disasters or exceptional circumstances”.
Ds Smith Paper Limited and Others v Man SE and Others
On 2 April 2020, the CAT published a High Court order dated 21 January 2020, transferring to the CAT a
The French Competition Authority Closes Its Investigation on La Poste Following Commitments Received on Loyalty Discount Practices
On April 2, 2020, the FCA accepted commitments from La Poste, the incumbent operator in postal services in France, and closed its investigation regarding La Poste’s discount practices for delivery services.
DG COMP Responds To The COVID-19 Outbreak (April 2020)
The COVID-19 pandemic has caused significant economic disruption, including supply shortages, cost increases, and liquidity constraints resulting from a prolonged shutdown. As EU Member States and businesses respond to these challenges, their actions continue to raise potential issues under EU competition law.
CAT Confirms High Threshold for Review of CMA Merger Decisions
CMA merger decisions are subject to judicial review by the Competition Appeal Tribunal (CAT). Challenges to the CMA’s substantive decision-making have, however, generally been unsuccessful. Although the CAT has been willing to intervene on matters of procedural fairness and errors of law, as recent decisions confirm, the CAT is reluctant to intervene in the CMA’s assessment of competitive effects and identification of remedies.
Statements by Concurrent Sectoral Regulators
Financial Conduct Authority (FCA) and Payment Systems Regulator (PSR)
The FCA and PSR announced that they support the CMA’s guidance on its approach to business cooperation in response to COVID-19 under competition law and will take a consistent approach to their competition law enforcement activity in the financial services sector. This means that these regulators will not enforce competition law in a way that impedes financial services providers from working together to provide essential services to consumers during the COVID-19 pandemic.
The French Competition Authority Suspends Procedural Time Limits Due to COVID-19
On March 27, 2020, the French Competition Authority (“FCA”) published a press release announcing that a number of applicable deadlines for merger review and antitrust proceedings will be adapted further to legal order no. 2020-306 of March 25, 2020 relating to the extension of time- limits during the state of public health emergency.
Judicial Procedure Updates (COVID-19)
COVID-19 and Civil Procedure Rule Updates. On 25 March 2020, Civil Procedure Rule Practice Direction 51Y (PD51Y) came into force, to facilitate video and audio hearings for the duration of the pandemic.
Royal Mail Group Limited v Daf Trucks Limited and Others (Trucks Cartels)
On 26 March 2020, the CAT granted permission for the defendants to appeal a CAT judgment on a preliminary issue,