Industries

On July 27, 2020, the TAR Lazio delivered 15 judgments concerning the 2019  ICA decision, by which 19 companies were found liable for participating in a cartel aimed at rigging a tender procedure in the facility maintenance sector in Italy (the “Decision”).[1]

The TAR Lazio delivered two sets of rulings: on the one hand, it quashed the Decision with respect to three of the addressee companies;[2] on the other hand, with respect to the 12 other applicants, it upheld the finding of infringement, but ordered the ICA to re-determine the fines originally imposed on them.[3]

On July 24, 2020, the Council of State upheld three judgments issued by the Regional Administrative Court of Lazio (the “TAR Lazio”) in 2017,[1] which reduced by 60% the amount of the fines imposed by the Italian Competition Authority (the “ICA”)[2] in 2015 on three firms operating in the area of Belluno, in the Veneto Region (namely, Superbeton S.p.A., F.lli Romor S.r.l. and F.lli De Pra S.p.A., together the “Companies”). In contrast, the Council of State dismissed the cross-appeals submitted by the Companies that aimed to challenge the ICA’s finding of infringement.[3]

On July 23, 2020, the FCA published its new guidelines on merger control[1] (the “Guidelines”), which came into effect on the same day and therefore replaced the previous guidelines issued in 2013.

Following a public consultation launched in July 2019,[1] the Commission adopted a guidance document[2] on the protection of confidential information in proceedings for the private enforcement of EU competition law based on the Antitrust Damages Directive (“ADD”).[3] The Confidentiality Guidance is intended for use by national courts to ensure consistency across Member States regarding access to and the protection of confidential information disclosed in private enforcement proceedings. The Communication is not binding and does not modify the rules applicable in different Member States, but rather outlines a number of measures and tools national courts may employ to help protect confidential information.

On July 16, 2020, the Court of Justice affirmed the judgement of the General Court in the Nexans v Commission, which upheld the Commission’s decision in the Power Cables cartel case.[1] In its judgment, the Court of Justice clarified the scope of the Commission’s inspection powers in antitrust proceedings under Article 20 of Regulation No. 1/2003.

On July 16, 2020, the French Competition Authority (“FCA”) imposed a €93 million fine on 12 manufacturers for their participation in a cartel in the ham and cold meat sector.[1] The FCA started its investigation in 2012, following a complaint from a slaughterhouse and a leniency application by Campofrio, a cold meat manufacturer. The FCA subsequently conducted dawn raids at the 12 cold meat manufacturers’ premises in 2013.

On July 14, 2020, the Commission invited interested parties to comment on commitments offered by Aspen Pharma.[1] The commitments came following a Commission investigation opened on May 15, 2017 into excessive pricing for six life-saving cancer medications that Aspen purchased in 2009.[2]