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]
Industries
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]
Monopoly Commission Publishes 11th Sector Report Into Telecommunication
By Cleary Gottlieb on
On December 3, 2019, the Monopoly Commission published the eleventh edition of its biennial sector report on telecommunications markets.[1] The report observes that the state has to intervene increasingly in the telecommunications markets because investments of private telecommunication companies do not meet the political networks development targets in Germany. The Monopoly Commission advises that subsidies should be moderate and targeted to areas where development by private parties is insufficient in order to minimize crowding out of private investments.
The Commission Publishes Its Decision To Waive Commitments in the Steel Sector
By Cleary Gottlieb on
On December 3, 2019, the Commission published its decision granting steel company Evraz Group S.A.’s (“Evraz”) request for a partial waiver of commitments it submitted as part of its acquisition of Highveld Steel and Vanadium Corporation Limited (“Highveld”). The Commission cleared the transaction in 2007, subject to divestment and behavioral commitments to address its concerns regarding anticompetitive effects in the markets for the supply of high-purity vanadium pentoxide and vanadium chemicals. The commitments also addressed concerns regarding a potential foreclosure of downstream competitors on the markets for vanadium oxides and finished vanadium products.
Monopoly Commission Publishes Sector Report on Postal Markets
By Cleary Gottlieb on
Council of State Reduces Fine in Cement Cartels Case
By Cleary Gottlieb on
On November 29, 2019, the Council of State partially annulled[1] a judgment delivered by the TAR Lazio in 2018[2], which had upheld the ICA’s decision to impose on Holcim Italia S.p.A. (“Holcim”) a fine amounting to €2, 381,252 for participating in a price-fixing cartel concerning the Italian cement market.[3]
The Court Of Justice Partially Upheld ABB’s Claim That The General Court Had Exercised A Wrong Evidentiary Standard
By Cleary Gottlieb on
On November 28, 2019, the Court of Justice partially granted the appeal brought by ABB and annulled a part of the Commission’s Power Cables decision.[1] In particular, the Court of Justice upheld ABB’s argument that the Commission did not adduce sufficient evidence that the cartel extended to accessories for power cables with voltages between 110 kV and 220 kV. The Court of Justice criticized the General Court for using a wrong evidentiary standard in reviewing the Commission’s decision.
The Paris Court of Appeals Orders Renault Trucks To Disclose the Commission’s Statement of Objections and Its Annexes in a Follow-on Damages Action
By Cleary Gottlieb on
On October 25, 2019, the Paris Court of Appeals ordered Renault Trucks to disclose the Commission’s statement of objections (“SO”) and its annexes in a follow-on damages action arising from the Trucks cartel.