On March 21, 2020, the European Commission (“EC”) approved three French state aid schemes to support the French economy during the coronavirus crisis[1] under the State aid Temporary Framework adopted by the Commission two days earlier.[2]
Industries
FCO Approves DFL Tender Model for Bundesliga Media Rights
By Cleary Gottlieb on
On March 20, 2020, the FCO approved the German Football League’s (DFL Deutsche Fußball Liga, “DFL”) model to tender media rights for first and second-division Bundesliga matches for the seasons 2021/22 to 2024/25.[1] To address the FCO’s concern, the DFL had offered various commitments, including a so-called “no single buyer” rule.
The French Competition Authority Imposes Record Fine on Apple for Vertical Practices and Abuse of Economic Dependence
By Cleary Gottlieb on
On March 16, 2020, the FCA imposed a €1.1 billion fine on Apple for entering in anticompetitive agreements with its distributors and abusing the situation of economic dependency of its network of Apple Premium Resellers, issuing by far its highest fine ever. The decision follows a lengthy investigation initiated in 2012, when the then-largest French Apple Premium Reseller eBizcuss accused Apple of abusing its dominant position.
The TAR Lazio Upholds the ICA Decision to Fine the Members of a Cartels for the Assignment of Broadcasting Rights for Football Matches in Countries Other Than Italy
By Cleary Gottlieb on
On March 16, 2020, the TAR Lazio delivered its ruling in the judicial review proceedings concerning the 2019 ICA decision finding that, from 2008 to 2015, the MP Silva Group, the IMG Group, and the B4 Capital Group coordinated their bids in the procedures for the assignment of international audiovisual rights for the broadcasting of the matches of the football seasons relating to the Serie A and B, the Italy Cup and the Italian Super Cup, in countries other than Italy.[1]
The Council of State Definitively Upholds the 2016 ICA Decision to Fine Aspen for Charging Excessive Prices for Oncological Drugs
By Cleary Gottlieb on
On March 13, 2020, the Council of State rejected the appeal lodged by Aspen Pharma Trading Ltd., Aspen Italia s.r.l., Aspen Pharma Ireland Ltd., and Aspen Pharmacare Holdings Ltd. (together “Aspen”) against the judgment issued by the TAR Lazio on July 26, 2017,[1] which upheld the 2016 ICA decision to fine Aspen in an amount in excess of € 5 million for charging excessive prices in violation of Article 102(a) TFEU.[2]
The Court of Justice Confirms the Commission’s Broad Margin of Appraisal in Rejecting Complaints
By Cleary Gottlieb on
On March 12, 2020, the General Court confirmed the Commission’s decision to reject a complaint brought by LL-Carpenter (“Carpenter”), a Czech distributor of motor vehicles, against Subaru for alleged anti-competitive conduct. The judgment serves as a reminder of the Commission’s wide discretion to evaluate and reject complaints.
Flynn Pharma Limited and Others v Competition Markets Authority
By Cleary Gottlieb on
On 10 March 2020, the Court of Appeal handed down its judgment in an appeal brought by the CMA against…
Higgins v Barclays, Evans v Barclay (FX Cartels)
By Cleary Gottlieb on
On 6 March 2020, the CAT handed down its judgment in an application for a preliminary hearing on a timing…
Commission Conditionally Approves Joint Venture Between Telecom Italia and Vodafone to Share Telecoms Towers
By Cleary Gottlieb on
On March 6, 2020, the Commission approved Telecom Italia and Vodafone’s acquisition of joint control over INWIT, which will combine the companies’ 22,000 telecommunication towers in Italy.[1] The approval was obtained during Phase I and is conditioned on third-party access to the infrastructure.
Commission Accepts Transgaz’s Commitments To Facilitate Natural Gas Exports To Neighboring Member States
By Cleary Gottlieb on
On March 6, 2020, the Commission approved commitments presented by Transgaz, the state-owned operator of Romania’s natural gas transmission system, to address alleged restrictions on gas exports from Romania.[1]