On December 28, 2020, the FCO published its second report on market power for the electricity generation sector (“Market Power Report”)[1] one year earlier than statutorily required, because the FCO considered the imminent phase-out of nuclear and coal energy could affect the position of the market leader RWE.
Industries
FCO Blocks 3-To-2 Merger of Cash Handling Service Providers
By Cleary Gottlieb on
On December 18, 2019, the FCO prohibited cash handling service provider Loomis AB’s acquisition of its competitor Ziemann Sicherheit Holding GmbH (“Ziemann”).[1] Loomis AB and Ziemann are the third and second-largest cash handling service providers in a number of regional markets in the west and north of Germany behind market leader Prosegur.
The Court of Milan Dismisses a Follow-on Action for Damages Brought Against the Incumbent in the Italian Electronic Communications Sector
By Cleary Gottlieb on
On December 18, 2019, the Court of Milan rejected an action for damages brought by Enter S.r.l. (“Enter”) against Telecom Italia S.p.A. (“TIM”) in follow-on litigation for an alleged abuse of dominance in the provision of wholesale access services, which had been established and fined by the Italian Competition Authority (the “ICA”) in 2013.[1]
The French Competition Authority (“FCA”) Fines the Four Historical Meal Voucher Issuers for Exchanging Commercially Sensitive Information and Locking Their Market
By Cleary Gottlieb on
On December 17, 2019, the FCA issued fines of nearly 415 million euros to the four historical issuers of meal vouchers in France – namely Edenred France, Natixis Intertitres, Sodexo Pass France, and Up – as well as the Centrale de Règlement des Titres (“CRT”) for exchanging confidential commercial information and implementing market locking practices.
The French Competition Authority Fines Compote Manufacturers for Operating a Cartels
By Cleary Gottlieb on
On December 17, 2019, the French Competition Authority (“FCA”) fined six compote manufacturers for a total of 58.3 million euros for price fixing and market sharing practices. The fines were imposed on Materne(13.6 million euros), Andros (14.1 million euros), Conserves France (1.9 million euros), Délis SA (9.5 million euros), Charles Faraud (16.4 million euros) and Valade (2.8 million euros).
Commission Conditionally Clears Battery Maker Varta’s Acquisition of Energizer’s Divestment Business Subject To Behavioral Remedies To Address Input Foreclosure Concerns
By Cleary Gottlieb on
On December 3, 2019, the Commission approved German battery maker Varta AG (“Varta AG”) as a suitable purchaser of assets divested by US-based rival Energizer in its acquisition of U.S. consumer products company Spectrum Brands’ batteries and portable lighting business.[1] In a separate decision on the same day, the Commission also cleared Varta AG’s acquisition of the divested Varta-branded assets subject to behavioral remedies.[2]
The European Commission Receives Feedback From National Competition Authorities on Its Review of the VBER
By Cleary Gottlieb on
On December 13, 2019 the Commission published an anonymized summary of the contributions submitted by NCAs during the Commission’s ongoing evaluation of the Vertical Block Exemption Regulation (“VBER”) and the accompanying Guidelines on Vertical Restraints (“Guidelines”), which will lapse in 2022.[1] The Commission received 20 contributions from NCAs across the EEA.[2]
FCO Fines Steel Manufacturers for Price Fixing
By Cleary Gottlieb on
On December 12, 2019, the FCO imposed fines of €646 million on steel manufacturers Ilsenburger Grobblech GmbH, thyssenkrupp Steel Europe AG, voestalpine Grobblech GmbH and three individuals for price fixing.[1] A fourth manufacturer, Dillinger Hüttenwerke, was granted immunity from fines for cooperation under the leniency notice.
Otis: The Court of Justice Clarifies That Compensation for Loss Caused by a Cartels Is Not Limited to Market Participants
By Cleary Gottlieb on
On December 12, 2019, the ECJ clarified in a preliminary ruling that entities which are not active as customers or suppliers in the markets affected by a cartel are entitled to claim damages under Article 101 TFEU.[1]
The French Competition Authority Closes Probe Against Expedia and HRS Regarding Parity Clauses
By Cleary Gottlieb on
On December 10, 2019, the French Competition Authority (“FCA”) decided not to continue its investigation into hotel booking platforms Expedia and HRS, initiated in 2013 after complaints from French hotel unions and the Accor group regarding certain clauses imposed by the platforms.[1]