On October 5, 2020, the General Court dismissed an action for annulment by HeidelbergCement and Schwenk Zement (the “parent companies”) against the Commission’s April 2017 decision,[1] which prohibited their acquisition of Cemex’s Croatian and Hungarian subsidiaries through Duna-Dráva Cement (“DDC”), a full-function JV (“JV”) equally owned and controlled by the parent companies. [2]
Industries
General Court Clarifies the Role of Privacy Protections in Commission Investigations
By Cleary Gottlieb on
October 2020 saw important developments with respect to the procedural framework surrounding the Commission’s evidence-gathering powers. A General Court judgment on the appropriateness of dawn raids at three French supermarket chains and the Court’s interim order regarding the Commission’s ongoing probe into Facebook’s data practices both have practical implications for companies under investigation.
Brand-gating: FCO Investigates Cooperation Between Amazon and Apple
By Cleary Gottlieb on
In October 2020, the Federal Cartel Office (“FCO”) initiated an investigation against Amazon’s and Apple’s agreement to exclude non-authorized dealers from selling Apple products on the Amazon Marketplace.[1] While the FCO has not published a press release about the proceedings yet, the investigation is expected to focus on whether combatting product piracy justifies this practice.
Dortmund Regional Court on Cartels Follow-on Damage Claim Quantification
By Cleary Gottlieb on
On September 30, 2020, the Dortmund Regional Court issued a ruling in a follow-on damages action related to the so-called Rail Cartel (“Schienenkartell”).[1] It is one of the still very few cartel follow-on damages cases in which a German court awarded damages.
The Council of State Declares Inadmissible an Application for Revocation of a Previous Judgment on Grounds of Error of Fact
By Cleary Gottlieb on
On September 28, 2020, the Council of State[1] dismissed the appeal brought by Buzzi Unicem S.p.A. (“Buzzi”) for the revocation of a judgment previously delivered by the same court, which upheld the lower court’s ruling as well as an ICA decision fining an alleged cartel in the cement sector.[2] Buzzi challenged the judgment before the Council of State on grounds of error of fact.[3]
The Court of Justice Rejects Prysmian’s Appeal in Line With Its Prior Judgments on the Power Cables Cartels
By Cleary Gottlieb on
On September 24, 2020, the Court of Justice dismissed an appeal brought by the Italian cable producer Prysmian against a €104.6 million fine imposed by the Commission for its participation in the Power Cables cartel.[1]
FCJ Strikes Down Passing-on Defense When Damages Are Spread Across Many Consumers
By Cleary Gottlieb on
On September 23, 2020, the FCJ overturned a judgement by the DCA in which the Essen Transportation Authority brought a follow-on damages action against members of the so-called Rail Cartel (“Schienenkartell”).[1] It referred the case back to the DCA and provided further guidance to the DCA in relation to the applicable burden of proof as well as the scope of the passing-on defense.
FCJ Clarifies Scope of Binding Effect of Cartels Settlement Decisions and Confirms Existence of Presumption of Damages
By Cleary Gottlieb on
On September 23, 2020, the FCJ handed down its much anticipated first judgment in relation to damages claims resulting from the trucks cartel and provided helpful clarifications on some key questions regarding cartel follow-on damages actions.[1]
Court Denies Spanish NCA Status as “Court or Tribunal” for Making Preliminary References (Anesco)
By Cleary Gottlieb on
On September 16, 2020, the Court of Justice ruled on the interpretation of the concept of “court or tribunal” within the meaning of Article 267 TFEU.[1] The Court of Justice held the reference for a preliminary ruling inadmissible, for lack of the referring Spanish competition authority (“CNMC”) constituting a “court or tribunal” for the purpose of Article 267 TFEU.
The French Cour de Cassation Upholds the Paris Court of Appeals’ Judgment in the TDF Abuse of Dominance Case
By Cleary Gottlieb on
On September 16, 2020, the French Cour de cassation upheld the Paris Court of Appeals’ judgment, which had largely confirmed the French Competition Authority’s (the “FCA”) decision in the TDF case.