On October 8, 2019, the German Federal Court of Justice (“FCJ”) partially quashed a 2017 decision of the Munich Court of Appeal,[1] finding that ad-blocking software provider eyeo GmbH (“Eyeo”) may have abused a dominant position.[2] The FCJ referred the case back to the Court of Appeal.
Industries
The ICA Fines the Italian Federation of Equestrian Sports for Non-Compliance With Commitments and Alleged Abuse of Dominance
By Cleary Gottlieb on
On October 8, 2019, the ICA found that the Italian Federation of Equestrian Sports (“FISE”) had (i) breached the commitments it offered in 2011, and (ii) abused its dominant position in the market for the organization of events and horse races having a professional, amateur or recreational nature, with a view to restricting the activities of amateur operators (or sports promotion bodies).[1]
CMA v Flynn Pharma Ltd and Others
By Cleary Gottlieb on
On 4 October 2019, the Court of Appeal granted the CMA permission to amend its grounds of appeal in a landmark case concerning excessive pricing in the supply of phenytoin sodium capsules, a medicine used to control epileptic seizures.
A Farewell to Arms? Compensating Victims of Anti-competitive Conduct Without Litigation
By Cleary Gottlieb on
On 3 October 2019, the CMA accepted commitments ending part of a two-year investigation into Aspen, a pharmaceutical producer.[1] These commitments include an undertaking never previously employed by the CMA to compensate victims of the alleged anti-competitive conduct without the need for private enforcement. The investigation is ongoing in respect of market sharing agreements that the CMA alleges Aspen has entered into with Tiofarma and Amilco.
The Court of Salerno Declares Null and Void in Its Entirety a Guarantee Agreement Containing Clauses From an Anticompetitive Form
By Cleary Gottlieb on
On October 2, 2019, the Court of Salerno declared null and void in its entirety a guarantee agreement containing standard clauses based on a form by the Italian Banking Association (the “ABI”), which had been held anticompetitive by a decision of the Bank of Italy.[1]
JD Sports Fashion plc/Footasylum plc.
By Cleary Gottlieb on
On 1 October 2019, the CMA announced that it had referred JD Sports’ completed acquisition of Footasylum for an in-depth…
CMA’s Increasing Enforcement Of Document Requests In Merger Review
By Cleary Gottlieb on
There is a global trend of increasingly burdensome demands by competition authorities conducting merger review for the submission of merging parties’ internal documents, and the CMA is no exception. In recent months the CMA has also taken greater steps to enforce such requests, in particular by fining companies for failing to comply with formal requests for documents under Section 109 of the Enterprise Act 2002 (“Section 109 Notices”).
New Guidelines on the Control of Abusive Behavior in the Electricity Generation and Wholesale Trade Sector
By Cleary Gottlieb on
On September 27, 2019, the FCO and the Federal Network Agency (“FNA”) jointly published guidelines on the control of the abuse of a dominant position in relation to electricity generation and wholesale trade (“Guidelines”).[1]
Copyright: The Tar Lazio Upholds an ICA Decision Against Società Italiana Degli Autori Ed Editori for Abuse of Dominance
By Cleary Gottlieb on
On September 26, 2019, the Regional Administrative Court of Lazio (the “TAR Lazio”) rejected the appeal submitted by Società Italiana degli Autori ed Editori (“SIAE”) – the Italian copyright collecting society – against the 2018 decision by which the ICA imposed on the said undertaking a symbolic fine of €1,000 for abusing its dominant position in the market for the provision of copyright management services, in violation of Article 102 TFEU.[1]
The General Court Rules on Two Commission State Aid Tax Decision: Annuls Decision Against Starbucks, Upholds Decision Against Fiat
By Cleary Gottlieb on
On September 24, 2019, the General Court ruled on the appeals against two of the Commission’s decisions ordering recovery of illegal state aid in back taxes that the Netherlands and Luxembourg allegedly provided to Starbucks Manufacturing EMEA BV (“Starbucks”) and Fiat Chrysler Finance Europe (“Fiat”) respectively.[1]