On January 9, 2020, the French Competition Authority (“FCA”) announced its main priorities for 2020.1[1] The regulator stressed that the digital and retail sectors would remain at the top of its agenda given the recent developments in these fields and the challenging competition issues they raise. Trade associations and unions may also face more significant fines while climate concerns may raise discussions between regulators to enhance environmental protection. On the legislative front, the FCA will follow the implementation of the ECN+ Directive in France and the upcoming revision of French merger control guidelines.
Industries
The Commission Reviews a Decision To Cut Jobs in a Divested Compressor Plant Following the Nidec/ Embraco Phase II Merger Approval
By Cleary Gottlieb on
On January 6, 2020, the Commission announced that it would investigate job losses in a plant in Fürstenfeld, Austria, following the acquisition of Whirlpool’s refrigeration compressor business, Embraco, by Nidec, a Japanese manufacturer of electric motors, powertrains, and other related industrial components. The Commission had conditionally approved the transaction following an in-depth merger control investigation, allowing the creation of a leading player in the refrigeration sector.[1]
The Council of State Annuls the Judgments of the Tar Lazio That Quashed an Ica Decision Fining Bid-rigging Practices in the Home Oxygen Therapy and Home Mechanical Ventilation Sectors
By Cleary Gottlieb on
Background
The decision of the ICA
On December 21, 2016, the ICA concluded its investigation into certain anticompetitive practices allegedly implemented by major firms active in the provision of home oxygen therapy (“HO”) and home mechanical ventilation (“HMV”) services. According to the ICA, Linde Medicale S.r.l. (“Linde”), Medicair Italia S.r.l. (“Medicair”), Medigas Italia S.r.l. (“Medigas”), Sapio Life S.r.l. (“Sapio”), Vitalaire Italia S.p.A. (“Vitalaire”), Vivisol S.r.l. (“Vivisol”), Eubios S.r.l. (“Eubios”), Oxy Live S.r.l. (“Oxy”), Ossigas S.r.l. (“Ossigas”), Magaldi Life S.r.l. (“Magaldi”) and Ter.gas. S.r.l. (“Ter.gas.”) participated in three separate agreements affecting the outcome of open tender procedures for the provision of HMV in part of the Milan province, HMV and HO in the Marche region and HO in the Campania region, launched by ASL Milano 1, ASUR Marche and SORESA between 2012 and 2014.[1]
2019 Reveiw
By Cleary Gottlieb on
CMA Activity
In 2019, the CMA devoted considerable resources to preparing for the UK’s exit from the EU. It carried out a consultation and published guidance on the functions of the CMA after a ‘no deal’ exit from the EU. In anticipation of its increased workload, it recruited additional staff at all seniority levels and completed its move to new premises in Canary Wharf. It also increased its focus on digital markets and took a less permissive approach to gun-jumping and failures to provide full responses to formal requests for information.
FCO Clears Joint Venture of Telekom and EWE for Fiber-optic Deployment Following Commitments
By Cleary Gottlieb on
FCO Finds No Market Dominance in the Electricity Generation Sector
By Cleary Gottlieb on
On December 19, 2019, the FCO published its first report on market power in the electricity generation sector (“Market Power Report”).[1] The report is intended to provide market participants with more legal clarity as to their own position in the market, thereby complementing the recently published FCO/FNA Guidelines on the control of abusive behavior in the electricity generation and wholesale trade sector[2].
The FCO’s Activities in 2019
By Cleary Gottlieb on
On December 27, 2019, the FCO published a summary of its activities in 2019.[1] In 2019, the FCO imposed fines in cartel proceedings totaling approximately €848 million in five cartel proceedings, examined around 1,400 notified mergers, conducted numerous abuse of dominance proceedings (including against Facebook and Amazon), and received 104 applications for review in public procurement cases.
The New Caledonian Competition Authority Issues Its First Decision To Impose Sanctions Relating to the Exclusive Distribution of Elevators
By Cleary Gottlieb on
On December 26, 2019, the New Caledonian Competition Authority issued its first decision to impose sanctions, fining four undertakings, two suppliers and two distributors for having established exclusive import rights in the elevator sector (Decision 2019-PAC-05). The Authority issued a total fine of CFP 7.6 million (approx. 63,688 euros) and accepted the binding commitments offered by the four undertakings.
The Council of State Orders the ICA to Re-assess Alleged Anticompetitive Conduct in the Market for Maintenance Services for TIM’s Electronic Communications Networks
By Cleary Gottlieb on
On December 23, 2019, the Council of State upheld the appeals brought by TIM and a number of firms active in the provision of corrective maintenance services for its electronic communications networks (the “Maintenance Firms”)against the judgments of the TAR Lazio that had confirmed the ICA’s decision finding an anticompetitive agreement in the market for the above-mentioned services.[1]
The Council of State Orders the ICA to Refund the Fine Imposed on a Non-appellant Firm Following the Annulment of the Decision Finding an Infringement
By Cleary Gottlieb on
The Council of State ordered the ICA to refund a cartel fine imposed on Hapag Lloyd Italy S.r.l. (“Hapag Lloyd”), after the underlying infringement decision was overturned based on appeals brought by other cartelists.[1]