On February 10, 2021, the FCJ declared liquidated damages clauses for cartel damages of up to 15% admissible in its sixth ruling in connection with the so-called “rail cartel”.[1]
Industries
FCJ Finds German Courts Have Jurisdiction Over Injuction for Abuse of Dominant Position
By Cleary Gottlieb on
On February 10, 2021 the FCJ annulled a decision by which the Schleswig Court of Appeal (“SCA”) had denied jurisdiction over the injunction claims of Hotel Wikingerhof’s (“Wikingerhof”) against the Dutch hotel booking platform operator Booking.com and remanded the case back to the SCA.[1]
CMA Digital Markets Strategy Refresh
By Cleary Gottlieb on
The CMA published a “refresh” of its Digital Markets Strategy (DMS II) on 9 February 2021. The first iteration (DMS I) was published in June 2019 but the CMA explains that “much has changed” in the interim, not least “significant developments in the political and regulatory landscape for digital markets.”
Volvo Secures Unconditional Clearance of Fuel-cell Joint Venture With Daimler
By Cleary Gottlieb on
On February 5, 2021, the Commission unconditionally cleared the creation of a joint venture (“JV”) between the Volvo Group (“Volvo”) and Daimler Truck AG (“Daimler”).[1] The JV will be active in the relatively novel, but rapidly evolving, hydrogen fuel-cell technology sector, which promises a “green” future in particular for transport.[2]
The Council of State Partially Reinstates an ICA Decision Fining Railway Companies for Dilatory Tactics
By Cleary Gottlieb on
In a judgment issued on February 2, 2021,[1] the Council of State confirmed that Rete Ferroviaria Italiana S.p.A. (the Italian railway network manager, “RFI”) and Trenitalia S.p.A. (an Italian railway transport operator, “Trenitalia”) abused market dominance by engaging in dilatory tactics in the context of proceedings with the competent authorities, thus hindering access of a new entrant, Arenaways S.p.A. (“Arenaways”), to the railway passenger transport sector.
The Council of State Partially Reinstates an ICA Decision Fining Railway Companies for Dilatory Tactics
By Cleary Gottlieb on
In a judgment issued on February 2, 2021,[1] the Council of State confirmed that Rete Ferroviaria Italiana S.p.A. (the Italian railway network manager, “RFI”) and Trenitalia S.p.A. (an Italian railway transport operator, “Trenitalia”) abused market dominance by engaging in dilatory tactics in the context of proceedings with the competent authorities, thus hindering access of a new entrant, Arenaways S.p.A. (“Arenaways”), to the railway passenger transport sector.
Phones4U (In Administration) v. EE, Deutsche Telekom, Orange, Vodafone, Telefonica and Telefonica O2
By Cleary Gottlieb on
On 2 February 2021, the Court of Appeal rejected an appeal by several mobile network operators (MNOs) to overturn disclosure orders that the MNOs’ executives’ personal devices and communications be examined by independent IT experts. Phones4U entered administration in 2014, following the termination of its contracts with several important commercial partners, including the defendant MNOs, from January 2013 onwards.
Hanover Court Dismissed Claims in Sugar Cartels for Lack of Standing
By Cleary Gottlieb on
On February 1, 2021, the Hanover Regional Court dismissed a claim brought by special purpose vehicle Retail Cartel Damage Claims SA (“CDC”) against sugar manufacturers Nordzucker AG, Südzucker AG and Pfeifer & Langen GmbH & Co. KG, on the basis that the CDC had no standing to sue.[1]
The French Competition Authority Unconditionally Clears Engie’s Acquisition of a Stake in Hydrogen Producer and Distributor DMSE, Factoring in Growing “Green” Demand
By Cleary Gottlieb on
On January 29, 2021, the French Competition Authority (“FCA”) unconditionally cleared Engie’s acquisition, through its subsidiary Storengy, of a controlling stake in Dijon Métropole Smart EnergHy (“DMSE”), a joint venture between Dijon Métropole and the Rougeot group specialized in the production and distribution of hydrogen.[1] The FCA cleared the concentration even though the combined entity will become the first and sole operator producing and distributing hydrogen in the Dijon area.
The Court Of Justice Confirms The Commission’s Wide Discretion In Defining The Scope Of A Request For Information
By Cleary Gottlieb on
On January 28, 2021, the Court of Justice upheld the General Court’s ruling that the Commission’s request for information (“RFI”) issued during its predatory pricing investigation of Qualcomm was necessary and proportionate.[1] The judgment further strengthens antitrust authorities’ broad discretion in deciding on the scope of RFIs.