On October 29, 2019, the Italian Competition Authority (the “ICA”) issued a decision (the “Decision”)[1] imposing interim measures on the Italian Consortium for the Collection, Recycling and Recovery of Plastic Packaging (“COREPLA”) in the framework of the investigation it opened six months earlier into COREPLA’s alleged abuse of dominant position in the market for management of plastic waste recycling services. According to the ICA, the interim measures will prevent serious and irreparable harm to competition likely to be caused by COREPLA’s conduct, which prima facie constitutes an infringement of Article 102 TFEU.
Industries
The FCA Will Not Extend Most of the Commitments Undertaken by Altice Upon Acquiring SFR
By Cleary Gottlieb on
On October 28, 2019, the FCA decided not to extend the five-year commitments undertaken by Altice upon acquiring SFR in 2014. Yet, the FCA maintained an injunction imposed on Altice in 2017 for co-deploying the fiber optic network with Bouygues Telecom.
The Commission Publishes Its Decision To Fine Canon For Gun-Jumping
By Cleary Gottlieb on
On October 22, 2019, the Commission published its decision to fine Canon a total of €28 million for failure to file its acquisition of Toshiba Medical Systems Corporation (“TMSC”).[1] Canon acquired TMSC via a warehousing arrangement, which involved a special purpose vehicle (“SPV”) that held most of TMSC’s shares pending merger control approval.
The Paris Court of Appeals Reduces Stihl’s Fine for Online Sales Restrictions
By Cleary Gottlieb on
On October 17, 2019, the Paris Court of Appeals confirmed the FCA’s decision against Stihl for online sales restrictions, but reduced the fine from EUR 7 million to EUR 6 million.[1]
The Court of Justice Upholds Dismissal Of Alcogroup’s Appeal Concerning Access To Legally Privileged Documents During A Dawn Raid
By Cleary Gottlieb on
On October 17, 2019, the Court of Justice upheld the General Court’s judgment of April 10, 2018, dismissing ethanol producer Alcogroup’s appeal against a Commission decision to carry out a dawn raid during which the Commission allegedly read potentially legally privileged documents.[1] According to the Court of Justice, irregularities during a dawn raid may only result in the annulment of subsequent Commission decisions and not the prior decision authorizing the dawn raid in question. This judgment highlights the need for legal counsel to closely monitor dawn raids, to ensure that Commission officials do not read or seize legally privileged documents.
The CAT Allows CityFibre and BT Intervention In CAT Appeal by TalkTalk and Vodafone
By Cleary Gottlieb on
On 17 October 2019, the CAT allowed interventions by CityFibre and British Telecommunications (BT) in the appeal by TalkTalk Telecom…
The TAR Lazio Reviews ICA Decisions on Alleged Abuses of Dominant Position in the Retail Supply of Electricity
By Cleary Gottlieb on
On October 17, 2019, the Regional Administrative Tribunal for Latium (the “TAR Lazio”) ruled on appeals by companies belonging to the Enel and Acea groups, two major energy firms active, among others, in the distribution and sale of electricity in Italy, against Italian Competition Authority (“ICA”)’s decisions finding that the two incumbents had abused their dominant position in local markets for retail electricity supply.[1]
Working Group On Competition Law Discussed Changes To The European Vertical Block Exemption Regulation
By Cleary Gottlieb on
On October 10, 2019, the Working Group on Competition Law held its annual meeting in Bonn. The FCO and more than 120 competition law experts discussed revisions to the European Vertical Block Exemption Regulation (“VBER”)[1] in light of the digital transformation of the economy.[2] In preparation for this meeting, the FCO had published a comprehensive background paper,[3] setting out the need for adaption and possible adjustments to the VBER to address online distribution and other challenges posed by the digital transformation of the economy.
The Commission Unconditionally Approves BM’s Acquisition Of Celgene
By Cleary Gottlieb on
On October 10, 2019, the Commission published its decision of July 29, 2019, to unconditionally approve Bristol-Myers Squibb Company’s (“BMS”) acquisition of Celgene Corporation (“Celgene”) following a Phase I review.[1] BMS and Celgene are global pharmaceutical companies.
FCO Clears Rewe Group’s Lekkerland Acquisition, While Austrian Authority Blocks Austrian Part Of The Deal
By Cleary Gottlieb on
On October 9, 2019, the FCO unconditionally cleared Rewe-Zentralfinanz eG’s (“Rewe”) acquisition of wholesaler Lekkerland AG & Co. KG (“Lekkerland”).[1] Rewe is mainly active as a food retailer, but also as a food wholesaler, supplying fresh and convenience food to Aral AG’s gas station shops. Lekkerland is a German wholesaler for food and tobacco products whose principal clients are gas station shops, convenience stores and kiosks.