In the latest instalment of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by the team of lawyers
The European Commission Unveils Key Findings on EU Antitrust Enforcement Framework and Interim Measures Report
On September 5, 2024, the European Commission (“Commission”) published a Staff Working Document[1] summarizing the outcome of an evaluation of Regulations 1/2003 and 77/2004, which govern the procedural framework for enforcing EU competition rules under Articles 101 and 102 TFEU (“EU Antitrust Enforcement Framework”). On the same day, the Commission adopted a report on the use of interim measures by National Competition Authorities (“NCAs”).[2]
Antitrust Review Episode 30: In Conversation with Martijn Snoep
In the latest instalment of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by Martijn Snoep, Chair of
The French Competition Authority Clears the Takeover of la Poste Telecom by Bouygues Telecom Unconditionally
On August 19, 2024, the French Competition Authority (“FCA”) unconditionally cleared Bouygues Telecom’s acquisition of sole control of La Poste Telecom (together “the Parties”) through the acquisition of La Poste Group’s 51% stake. SFR owned the remaining 49% of La Poste Telecom and had a right of first refusal on La Poste Group’s shares that were for sale, as well as a right of approval over the buyer of those shares.[1] The acquisition was completed on November 15, 2024.[2]
Antitrust Review Episode 29: In Conversation with Barry Hawk
In the latest instalment of our Antitrust Review podcast, host Nick Levy is joined by Barry Hawk, one of antitrust
Banco BPN v. BIC Português and others: The Court of Justice Clarifies That a “Standalone” Exchange of Information Between Competitors Constitutes a Restriction of Competition By Object
On July 29, 2024, the Court of Justice issued its preliminary ruling in case C-298/22 Banco BPN v. BIC Português and others.[1] The Court confirmed that a “standalone” exchange of information between competitors – meaning that the information exchange in question constitutes the examined conduct in itself and is not ancillary to any other conduct – can be deemed a restriction of competition by object under Article 101 TFEU. This ruling is important because it clarifies that information exchange can constitute a restriction by object, even if it is not linked to a wider anti-competitive practice and no actual market impact has been shown.[2]
The Paris Court of Appeals states that granting a stay of execution involves analyzing only the “manifestly excessive consequences” of a sanction imposed, and not its merits in Bisphenol A case
In a decision dated July 24, 2024,[1] the Paris Court of Appeals granted a stay of execution in relation to a €2,700,000 fine imposed on the Association Nationale des Industries Alimentaires (“ANIA”) by the French Competition Authority (“FCA”) in the Bisphenol A case only considering the manifestly excessive consequences of such sanction in view of ANIA’s financial situation and without examining its merits.
FCO clears Olink’s acquisition by Thermo Fisher following in-depth review
On June 17, 2024, the German Federal Cartel Office (“FCO”) unconditionally cleared the acquisition of Olink Holding AB (publ) (“Olink”) by Thermo Fisher Scientific Inc. (“Thermo Fisher”) following the FCO’s first in-depth investigation of a case caught by the transaction value threshold.[1]
General Court Dismisses ByteDance’s Appeal Against Gatekeeper Designation
On July 17, 2024, the General Court dismissed ByteDance Ltd (“ByteDance”)’s appeal against the Commission’s decision designating ByteDance as a “gatekeeper” under the Digital Markets Act (“DMA”).[1] This marks the first judgment interpreting the DMA’s provisions and clarifying some of its intervention thresholds. The General Court’s ruling follows its earlier rejection of ByteDance’s application for interim measures.[2]
The DGCCRF publishes its annual report for 2023
On May 3, 2024, the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control[1] (“DGCCRF”) published its 2023 annual report (the “Report”).[2] The Report highlights the DGCCRF’s importance in cartel and other anti-competitive behavior detection in France, as well as its new roles, including taking part in the enforcement of the Digital Markets Act (“DMA”).[3]