On February 25, 2021, the Court of Justice held that the Commission and the Slovak competition authority did not infringe EU law when conducting two parallel investigations against Slovak Telekom.[1] Because the two investigations pertained to different product markets, regulators at the European and national level were entitled to proceed in parallel and eventually impose two distinct fines on Slovak Telekom.
Industries
Lexon (UK) Limited v Competition and Markets Authority
By Cleary Gottlieb on
On 25 February 2021, the CAT dismissed Lexon (UK) Limited’s (Lexon) appeal against a decision by the CMA…
The ICA Accepts Commitments by Italgas Reti for an Alleged Abuse of Dominance in the Gas Distribution Sector
By Cleary Gottlieb on
On February 23, 2021, the Italian Competition Authority (the “ICA”) made legally binding the commitments offered by Italgas Reti S.p.A. (“Italgas”), a company active in the gas distribution sector in the province of Venice, which belongs to the Italgas group (the “Decision”).[1] Italgas’ commitments were found to address adequately the ICA’s concerns that the company may have abused its dominant position in the local market for the provision of natural gas distribution services, in violation of Article 102 TFEU. According to the ICA’s decision to open the investigation, Italgas’ conduct was allegedly aimed at delaying the launch in 2018 of an open tender procedure for the provision of gas distribution services in a number of municipalities in the province of Venice (the “Tender”).
Epic Games v. Apple and Epic Games v. Google
By Cleary Gottlieb on
On 22 February 2021, the Competition Appeal Tribunal (CAT) ruled that Epic Games (Epic) could not pursue a claim against Apple in the UK. It allowed some aspects of a similar claim brought by Epic against Google to be heard in the UK on the ground that permission is not required to serve claims in the CAT against the Irish anchor defendants.
The French Competition Authority Dismisses Interim Measures Against French Electricity Supplier EDF
By Cleary Gottlieb on
On February 18, 2021, the FCA announced that it had denied interim measures requested by Plüm Energie, a competing electricity supplier, to prevent Électricité de France (“EDF”) from allegedly abusing its dominant position in the French market for the supply of electricity.
The French Cour de Cassation Confirms the Validity of FCA Dawn Raids Authorized on the Basis of Another Competition Authority’s Request for Investigative Measures
By Cleary Gottlieb on
In a ruling dated February 17, 2021, the Cour de cassation dismissed an appeal formed against an order dated June 2019, in which the Paris Court of Appeals confirmed that the FCA could validly initiate an investigation and carry out dawn raids on the basis of a request for inspection issued by the competition authority of another EU Member State.
Preventx v. Royal Mail Group
By Cleary Gottlieb on
On 11 February 2021, the High Court issued a consent order dismissing Preventx’s abuse of dominance claim against Royal Mail…
The Commission Accepts Commitments Offered by Aspen in Its First Decision on Excessive Pricing in the Pharmaceutical Sector
By Cleary Gottlieb on
On February 10, 2021, the Commission accepted commitments offered by South African pharmaceutical company Aspen and ended one of its rare investigations into excessive pricing (and reportedly the first in the pharmaceutical sector).[1] The decision provides guidance on how the Commission evaluates excessive pricing of off-patent medicines and how to remedy potential concerns.
The French Cour de Cassation Confirms That a Company May Be Considered To Participate in a Cartel as Long as the Other Colluding Firms Believe In Its Involvement
By Cleary Gottlieb on
Dortmund Regional Court Aligns Principles for Jurisdiction With EU Law
By Cleary Gottlieb on
On February 10, 2021, the Dortmund Regional Court set out principles for determining jurisdiction, specifically in competition damages litigation.[1]