On 9 April 2020, the High Court handed down a ruling on costs following its preliminary issue judgment on limitation
Industries
FCJ Confirms That German Model T&Cs for Online Banking Were Anticompetitive
By Cleary Gottlieb on
On April 7, 2020, the FCJ confirmed a FCO decision finding some of the German Banking Industry Committee’s (Deutsche Kreditwirtschaft, “GBIC”) model T&Cs for online banking to be anticompetitive.[1]
The French Competition Authority Fines Pari Mutuel Urbain for Failing to Comply With Its 2014 Commitment To Separate Online From Offline Betting Pools
By Cleary Gottlieb on
On April 7, 2020, the FCA imposed a €900,000 fine on Pari Mutuel Urbain (“PMU”), the main French horse race betting group, for failing to separate the betting pools of its online and physical activities.[1] PMU had taken this commitment in 2014 in order to end an FCA investigation for a potential abuse of dominance.[2]
The Commission Tests 1997 Market Definition Notice’s “Fit-for-Purpose”
By Cleary Gottlieb on
On April 3, 2020, the Commission launched a public consultation to review the adequacy of the 1997 Market Definition Notice (the “Notice”), which sets out the Commission’s formal guidance on the definition of relevant product and geographic market.[1] This kicks off a six-week process to solicit opinions from anyone interested.
The European Commission Authorizes the French Government’s Measures To Face COVID-19
By Cleary Gottlieb on
Since the beginning of the COVID-19 outbreak, the French Government has notified a series of measures to the European Commission on the basis of the Temporary Framework adopted by the European Commission in order to enable Member States to support their economy in this specific context.[1] Such measures were authorized by the Commission under Article 107(3)(b) TFEU, as listed below.[2] The Commission also authorized a tax deferral scheme directed at French airlines under Article 107(2)(b) TFEU “to make good the damage caused by natural disasters or exceptional circumstances”.
The Italian Supreme Court Rules on a Follow-on Action Regarding Telecom Italia’s Alleged Abuse on the Market for Wholesale Termination Services
By Cleary Gottlieb on
On April 3, 2020, the Italian Supreme Court confirmed a judgment of the Milan Court of Appeal, which had upheld the damages claim of Brennercom S.p.A. (“Brennercom”) against Telecom Italia S.p.A. (“Tim”).[1]
The Italian Supreme Court Rules Again on Limitation Periods in an A357 Follow-on Action
By Cleary Gottlieb on
On April 3, 2020, the Italian Supreme Court upheld the Milan Court of Appeal’s judgment that had dismissed the follow-on damages claim brought by Uno Communications S.p.A. (“Uno”) against Telecom Italia S.p.A. and TIM Italia S.p.A. (“Telecom”), concerning the conduct investigated and fined by the ICA in Case A537.[1]
Ds Smith Paper Limited and Others v Man SE and Others
By Cleary Gottlieb on
On 2 April 2020, the CAT published a High Court order dated 21 January 2020, transferring to the CAT a…
Budapest Bank: Banking on the Importance of the By-effect Assessment
By Cleary Gottlieb on
On April 2, 2020, the Court of Justice of the European Union (the “CJEU”) ruled on a 2018 preliminary reference from Hungary’s Supreme Court, vacating on appeal the decision of the Hungarian competition authority. The authority found that an agreement on multilateral interchange fees (“MIFs”) constituted a by-object and by-effect infringement of Article 101 TFEU.[1] The judgment concerns two heavily discussed topics: the notion of restriction of competition by object vs effect,[2] and MIFs.[3]
The French Competition Authority Closes Its Investigation on La Poste Following Commitments Received on Loyalty Discount Practices
By Cleary Gottlieb on
On April 2, 2020, the FCA accepted commitments from La Poste, the incumbent operator in postal services in France, and closed its investigation regarding La Poste’s discount practices for delivery services.