On April 30, 2020, the FCA dismissed Molotov’s complaint of alleged abuse of collective dominance, abuse of economic dependency and anticompetitive agreements against TF1 and M6.
Industries
The Council of State Annuls an ICA Decision That Fined the Italian National Lawyers’ Council for Failure to Comply With a Previous Infringement Decision
By Cleary Gottlieb on
On April 30, 2020,[1] the Council of State confirmed the annulment of a decision issued by the ICA in 2016,[2] which had fined the Italian National Lawyers’ Council (Consiglio Nazionale Forense, the “CNF”) for failure to comply with a 2014 infringement decision.[3]
The Judgment sheds light on the procedural rules the ICA should follow in proceedings regarding alleged failure to comply with previous infringement decisions.
FCO Clears Acquisition of Vossloh Locomotives by CRRC Zhuzou Locomotives
By Cleary Gottlieb on
On April 27, 2020, after an in-depth review, the FCO cleared the acquisition of Vossloh Locomotives GmbH Kiel (“Vossloh”) by CRRC Zhuzhou Locomotives Co., Ltd. (“CRRC”).[1] German shunter manufacturer Vossloh is the market leader in Europe with a market share of 40 to 50 percent. CRRC is a state-owned Chinese company and the world’s largest manufacturer of rolling stock, selling its products predominantly in China.
The Commission Doubles Down on Digital Markets
By Cleary Gottlieb on
On April 24, 2020, the Commission announced that it is seeking to design and implement specific ex ante[1] and remedy tools[2] for digital markets. This follows earlier efforts related to the creation of a single data market and the proposed European approach towards artificial intelligence unveiled in February 2020.[3]
The Council of State Confirms the Annulment of an ICA Decision That Fined Two Companies for Bid Rigging in the Market for Food Catering Services in Italian Motorway Restaurants
By Cleary Gottlieb on
On April 27, 2020[1] the Council of State upheld two judgments issued by the Regional Administrative Court of Lazio (“TAR Lazio”) in 2016,[2] which had annulled an ICA decision fining Chef Express S.p.A. (“Chef Express”) and My Chef Ristorazione Commerciale S.p.A. (“My Chef”, and together with Chef Express, the “Companies”) for alleged bid rigging in the market for food catering services in Italian motorway restaurants (the “Decision”).[3]
In particular, the Council of State agreed with the TAR Lazio that the ICA had not adequately proved a collusive scheme.
Mylan’s Tie-up With Pfizer’s Upjohn Division Approved Subject to Remedies
By Cleary Gottlieb on
On April 22, 2020, the Commission conditionally approved the joint venture between Mylan and Upjohn, Pfizer’s off-patent branded and generic medicines division, following a Phase I review.[1] The transaction follows a recent stream of large pharma and healthcare transactions approved by the Commission, including the unconditional clearance of Bristol-Myers Squibb’s acquisition of Celgene,[2] and conditional clearances of AbbVie’s acquisition of Allergan,[3] and GSK’s acquisition of Pfizer’s Consumer Health Business.[4]
ICA Notice on Cooperation Agreements Between Businesses in the COVID-19 Emergency
By Cleary Gottlieb on
On April 22, 2020, the Italian Competition Authority (the “ICA”) issued a notice (the “Notice”) providing guidelines on the assessment of cooperation agreements in the context of the Covid-19 emergency.[1]
Ecolab Inc. v Competition and Markets Authority
By Cleary Gottlieb on
On 21 April 2020, the CAT dismissed Ecolab’s appeal against the CMA’s decision of 8 October 2019 that (i) Ecolab’s completed acquisition of the Holchem Group resulted in a SLC in the supply of formulated cleaning chemicals, and (ii) the most effective and proportionate remedy was for Ecolab to divest the overlapping Holchem business to an approved purchaser.
FCO Discontinues Proceedings Against Sky and DAZN
By Cleary Gottlieb on
On April 15, 2020, the German Federal Cartel Office (“FCO”) discontinued its proceedings against pay TV broadcaster Sky Ltd. and online streaming service provider DAZN Group Ltd. (“DAZN”) over alleged collusion during the award of the German broadcasting rights to UEFA Champions League matches for the seasons 2018/2019 to 2020/2021 for discretionary reasons.[1]
The FCA Ordered Interim Measures on Google To Negotiate With Publishers and News Agencies for Displaying Their Contents in Search Results
By Cleary Gottlieb on
On April 9, 2020, the French Competition Authority (the “FCA”) imposed interim measures on Google following three complaints lodged in mid-November 2019 by publishers unions Syndicat des éditeurs de la presse magazine and Alliance de la presse d’information générale and news agency Agence France Presse (the “Decision”). The FCA found that interim measures were necessary to prevent a potential abuse of dominance in the French market for general online search services.[1]