On March 31, 2021, the Commission withdrew its decision which made binding—under Article 9 of Regulation No 1/2003—commitments offered by NBCUniversal, Sony, TWDC, Twentieth Century Fox, Warner Bros and Sky in the cross-border access to pay-TV antitrust proceedings.[1] The withdrawal follows the annulment by the Court of Justice of the Commission’s commitments decision against Paramount and its parent company Viacom[2] (the “Paramount Commitments Decision”), who had offered essentially identical commitments to those offered by the parties in the present case.
Industries
ICA Fully Dismisses Allegations of an Abuse of a Dominant Position in the Market for Maintenance of High-tech Diagnostic Imaging Devices
By Cleary Gottlieb on
On March 30, 2021, the Italian Competition Authority (the “ICA”) closed an investigation against three equipment manufacturers in the market for maintenance of high-tech diagnostic imaging devices, without finding any abuse of dominant position. The ICA found that the evidence collected during the investigation did not allow to confirm the allegations put forward at the beginning of the investigation.[1]
Green Light For Emergency Platform for Vaccination Equipment
By Cleary Gottlieb on
On March 29, 2021, the FCO cleared the way for full-line pharmaceutical wholesalers’ participation in the VCI Emergency Platform for Vaccination Equipment (“Emergency Platform”).[1]
The Conseil Constitutionnel Holds That Article L. 464-2(5), 2° of the French Commercial Code Is Contrary to the Constitution
By Cleary Gottlieb on
On March 26, 2021, the French Conseil constitutionnel ruled that Article L. 464-2(5), 2° of the French Commercial Code, under which the French Competition Authority (“FCA”) may impose a fine of up to 1% of an undertaking’s turnover for obstructing an investigation, was contrary to the French Constitution.[1]
Transforming European Merger Control: The Commission Specifies When It Will Seek To Review Mergers That Are Not Subject to Any Filing Requirements
By Cleary Gottlieb on
Essential Facilities Doctrine: No Need To Prove Indispensability for Abuse Through Unfair Access Terms
By Cleary Gottlieb on
On March 25, 2021,[1] the Court of Justice ruled that to demonstrate abuse, where a dominant undertaking has already offered access to its infrastructure but on unfair terms, it is not necessary to show that access to the infrastructure is indispensable within the meaning of the Court of Justice’s Bronner essential facilities doctrine.
The Court of Justice’s Lundbeck Ruling Finds Nothing New Under the Sun for By-object Restrictions
By Cleary Gottlieb on
On March 25, 2021, the Court of Justice dismissed the appeals of H. Lundbeck A/S and Lundbeck Limited (“Lundbeck”), as well as of certain generic drugmakers (“generics”),[1] against the General Court judgments upholding the first-ever so-called pay-for-delay Commission decision.
The French Competition Authority Fines Leading Manufacturers of Industrial Sandwiches €24 Million for Entering Into an Anticompetitive Agreement
By Cleary Gottlieb on
On March 24, 2021, the FCA sanctioned[1] three manufacturers of industrial sandwiches sold under private labels, La Toque Angevine (“LTA”), Daunat, and Roland Monterrat, for fixing prices and market allocation in France.
DCA Refers Facebook Case to the CJEU
By Cleary Gottlieb on
On March 24, 2021, the DCA stayed the proceedings regarding Facebook’s appeal against the FCO’s decision of 2019 prohibiting Facebook to combine data from different sources and referred a number of questions to the CJEU.[1] The CJEU is now called upon to consider the relevance infringements of the General Data Protection Regulation (“GDPR”) under competition law.
Pometon v. Commission: The Court of Justice Sheds Light on the Principle of Equal Treatment and the Presumption of Innocence in Hybrid Cartels Settlements
By Cleary Gottlieb on
On March 18, 2021, the Court of Justice ruled on Pometon SpA (“Pometon”)’s appeal against the General Court’s judgment in the steel abrasives[1] hybrid cartel settlement case. The Court of Justice ruled that the General Court had breached the principle of equal treatment when recalculating the fine imposed on Pometon by the Commission in 2016, the only non-settling party in this case. The Court of Justice therefore further reduced Pometon’s fine to €2.6 million, imposing an approximate 60% discount on the original fine calculated by the Commission.[2]