On March 1, 2022, the Conseil d’État rejected a claim brought by French telecommunications and internet provider Free in connection
The Tar Lazio Upholds Ica Decision to Fine Tim Over €100 Million for Abusing Ist Dominant Position in the Wholesale and Retail Markets for Broadband and Ultra-broadband Telecommunications Services in Italy
On February 28, 2022, the Regional Administrative Court for Latium (the “TAR Lazio”) rejected the appeal filed by TIM against the ICA’s decision that had imposed a fine of over €116 million imposed by the ICA in 2020 for an alleged abuse of dominant position in the wholesale and retail markets for broadband and ultra-broadband telecommunications services in Italy (the “Judgment”).[1]
The Council of State Revokes Medical Oxygen Cartel Rulings and Orders a Re-assessment of the Cases
In a series of non-final judgments, published between February 15 and 25, 2022 (the “Judgments”),[1] the Council of State upheld the appeals for revocation filed by Medicair Italia S.r.l., Medigas S.r.l., Linde Medicale S.r.l., Sapio Life S.r.l. and Vivisol S.r.l. (the “Parties”), as it found a number of material errors in certain previous judgments of the same court.[2]
The General Court Judgment In UPS: Damages Against European Commission Remain Aspirational
On February 23, 2022, the General Court dismissed UPS’ €1.7 billion claim for damages allegedly suffered due to the Commission’s prohibition of the proposed €5.2 billion merger between UPS and TNT Express (“TNT”). Although the General Court had previously annulled the Commission prohibition decision due to procedural deficiencies, it rejected UPS’ follow-on damages claim because UPS failed to demonstrate that it would have secured approval for the TNT transaction absent the procedural breach.[1]
FCO’s Third Market Power Report Finds Market Dominance In The Electricity Generation Sector And Analyses New Framework Conditions For The Provision Of Balancing Energy
On February 17, 2021, the German Federal Cartel Office (“FCO”) published its third report on market power in the electricity generation sector (“Market Power Report”), analyzing the competitive landscape from October 1, 2020 to September 30, 2021.[1] Again, the FCO published its results one year earlier than statutorily required because of the continuing phase-out of nuclear and coal energy.
Selective Distribution: Lack of Mutual Trust as a Valid Reason for Refusing to Reappoint a Distributor
On February 16, 2022, the Cour de cassation confirmed that lack of mutual trust is a valid reason for a supplier to refuse to reappoint a former member of its selective distribution network, upholding an important decision of the Paris Court of Appeals in the automotive industry.[1]
The ICA Ends FiberCop Network Proceedings With Commitments
On February 15, 2022, the Italian Competition Authority (the “ICA”) accepted the commitments proposed by Telecom Italia S.p.A. (“TIM”), Fastweb S.p.A. (“Fastweb”), FiberCop S.p.A. (“FiberCop”), Tiscali Italia S.p.A. (“Tiscali”), Teemo Bidco S.r.l. (“Teemo”) and KKR & Co. Inc. (“KKR” and, together with TIM, Fastweb, FiberCop, Tiscali and Teemo, the “Parties”) with respect to certain agreements concerning the creation of FiberCop and access to its infrastructure (the “Decision”).[1]
FCO Conditionally Clears Filling Station Network Merger
On February 11, 2022, the German Federal Cartel Office (“FCO”) approved the acquisition of OMV Retail Deutschland GmbH’s (“OMV”) filling station network by the British convenience retailer EG Group Limited (“EG Group”). The FCO’s approval is subject to the prior divestiture of 25 EG Group filling stations and 23 OMV filling stations in southern Germany.[1]
Sped-Pro: Rule Of Law Vs EU Law Clash
On February 9, 2022, the General Court annulled another Commission decision rejecting an antitrust complaint, because the Commission failed to properly examine and address alleged systemic and generalized rule of law deficiencies in Poland which question the possibility of a fair trial before the Polish Competition Authority.[1]
