On 13 November 2020, the Competition Appeal Tribunal (CAT) partially upheld JD Sports’ appeal against the CMA’s decision to prohibit its completed acquisition of Footasylum requiring it to fully divest Footasylum.[1] The CMA found that the parties were close competitors in sports-inspired casual clothing and footwear in stores and online. The CMA concluded there was no evidence that the impact of COVID-19 would remove its competition concerns.
Industries
Sabre Corporation v Competition and Markets Authority
By Cleary Gottlieb on
On 21 May 2021, the CAT dismissed Sabre’s challenge of the CMA’s decision to block its proposed acquisition of Farelogix.…
Implications of the Three/O2 Judgment for EU Merger Control
By Cleary Gottlieb on
On May 28, 2020 the General Court overturned Commissioner Vestager’s first prohibition decision, blocking a 4-to-3 merger in the UK…
The Commission Waives Merger Commitments in Takeda/Shire and Nidec/Whirlpool
By Cleary Gottlieb on
The Commission’s Notice on remedies states that waivers “will very rarely be relevant for divestiture commitments” and since divestiture commitments are required to be implemented in a short time after the decision, it is “very unlikely” that sufficient changes in market circumstances will have occurred for the Commission to accept any modifications of the commitments.[1] In May 2020, the Commission waived commitments given to secure merger control approval in two cases.
Lexon (UK) Limited v CMA
By Cleary Gottlieb on
On 28 May 2020, the CAT published the summary of an appeal by Lexon (UK) Limited against the CMA’s decision…
The ICA Opens Investigation Into Italgas for Alleged Abuse of Dominance
By Cleary Gottlieb on
On May 27, 2020, the ICA opened an investigation pursuant to Article 102 TFEU into the conduct of Italgas Reti S.p.A. (“Italgas”), a fully-owned subsidiary of Italgas S.p.A.[1] The supply of gas distribution services in Italy is organized by areas comprising small groups of municipalities, called ‘minimum territorial areas’ (“ATEM”s).[2] In the ICA’s view, Italgas abused the dominant position it holds in the Venice ATEM market, comprising eight municipalities, in which it is currently the exclusive licensee of the gas distribution services in four municipalities (including Venice).
The Commission Publishes Support Studies for the Evaluation of the Vertical Block Exemption Regulation
By Cleary Gottlieb on
Following the Commission’s roadmap and launch of the public consultation process,[1] on May 26, 2020, the Commission published the final report[2] with support studies for the evaluation of the Vertical Block Exemption Regulation (the “VBER”).[3] The report is part of the Commission’s evaluation of the VBER, which is set to expire on May 31, 2022.
The French Competition Authority (“FCA”) Accepts Fix-it-First Remedy and Unprecedented Behavioral Commitments in a Major Overseas Retail Deal
By Cleary Gottlieb on
On May 26, 2020, the FCA conditionally approved Bernard Hayot Group’s €219 million acquisition of the Vindémia Group—one of the largest deals in French overseas territories ever reviewed by the FCA.[1] Further to an on-site investigation, the FCA cleared the transaction in Phase I, subject to a fix-it-first remedy and behavioral commitments.
The Paris Court of Appeals Upholds the French Competition Authority’s (“FCA”) Fining Decision Against Akka Group for Obstructing Dawn Raids
By Cleary Gottlieb on
On May 26, 2020, the Paris Court of Appeals confirmed the €0.9 million fine imposed on Akka Group for obstructing dawn raids conducted on its premises, including by breaking seals. This was the second decision issued by the FCA for dawn raid obstruction and the first one for breaking seals.
Dsg Retail Limited and Dixons Retail Group Limited v Mastercard
By Cleary Gottlieb on
On 22 May 2020, the Court of Appeal handed down its judgment in an appeal by Mastercard against the CAT’s ruling on a preliminary issue of limitation.