In her second term as EU Competition Commissioner, Margrethe Vestager’s focus to date has been on securing approval for the
ICA imposes fine in excess of € 3.6 million on the outgoing providers of local public transport service by road in Tuscany
On June 21, 2022, the Italian Competition Authority (the “ICA”) closed its investigation pursuant to Article 102 TFEU into the conduct of the incumbent providers of the local public transport service by road in the Tuscany Region (the “Region”), which jointly formed the ONE Scarl consortium (“ONE”).
Commission Opens a Formal Investigation Into Vifor Pharma for Alleged Disparagement Practices
On June 20, 2022, the Commission opened a formal investigation into Vifor Pharma for the possible anticompetitive disparagement of a rival’s iron medicine.[1] Although the Commission launched a disparagement investigation last year,[2] this is the first time that it opens an investigation based exclusively on a disparagement theory of harm, and in relation to two originator products at that.[3]
The Paris Court of Appeal condemns the FCA for violating Google’s business secrets
On June 16, 2022, the Paris Court of Appeals (the “Court”) ruled that “decisions to protect the confidentiality of business secrets taken during the course of the investigation, which have not been challenged pursuant to Article R. 463-15 of the French Commercial Code, continue to bind the College when adopting and drafting the decision on the merits, otherwise such decisions would be deprived of any effectiveness” (the “Ruling”).[1]
Optical Disc Drives Cartel: The Court of Justice Upholds Fines Despite Procedural Rights Violations (Cases C-697/19 P to C-700/19 P)
On June 16, 2022, the Court of Justice set aside four judgments of the General Court and partially annulled the Commission’s decision in the Optical Disc Drives cartel case.[1]
The French Competition Authority accepts commitments from Meta, ending its investigation into the tech giant’s online advertising practices
On June 16, 2022, the French Competition Authority accepted binding commitments from Meta to introduce new policies enhancing advertising service providers’ access to its online advertising technologies.
Qualcomm v. Commission (Case T-235/18): General Court Stresses the Importance of Procedural Rigor and a Careful Analysis of Anticompetitive Effects
On June 15, 2022, the General Court annulled the Commission’s decision and corresponding fine of €997 million in the Qualcomm case[1] due to procedural violations and a flawed substantive assessment. The General Court first found that the Commission had infringed Qualcomm’s rights of defense by failing to properly inform Qualcomm of meetings with third parties, and failing to hear Qualcomm on the consequences of substantial changes between the Statement of Objections (“SO”) and the final decision.
Commission Dawn Raids Water Infrastructure Companies
In October 2021, Commissioner Vestager announced that the Commission was planning a series of dawn raids.[1] Since then, there has been an uptake in the number of dawn raids conducted across the EU.
The ICA clears with conditions the notified acquisition of joint control over Press-Di by Artoni and SHR
In a decision published on June 13, 2022, the ICA cleared the acquisition of 51% of the share capital of Press-Di Distribuzione Stampa e Multimedia S.r.l. (“Press-Di” or the “Target”) by Artoni Group S.p.A. (“Artoni”) and SHR S.r.l. (“SHR” and, jointly, the “Parties”). As a result, the Parties acquired joint control over the Target together with the seller Mondadori Media S.p.A. (the “Transaction”).[1]
The Council of State partially annuls ICA decision on an alleged cartel for the assignment of broadcasting rights for football matches in countries other than Italy
On June 9, 2022, the Council of State upheld appeals submitted by Media Partners & Silva Limited and MP Silva S.r.l. (jointly, “MP Silva”), by partially dismissing bid-rigging fines imposed by the ICA for the assignment of broadcasting rights for football matches in countries other than Italy.[1]