On September 16, 2019, the TAR Lazio rejected the application for annulment filed by MP Silva S.r.l. (“MP Silva”) against an ICA decision that had denied the applicant access to the file in an Article 101 TFEU investigation.[1]
Industries
Vigorous Antitrust Enforcement Likely To Continue During Margrethe Vestager’s Second Term as Competition Commissioner
By Cleary Gottlieb on
Margrethe Vestager has been re-appointed as Commissioner for Competition for a second term. If her appointment is approved by the European Parliament, as is expected, she would be in line for a combined 10-year term, which would make her the longest-serving Competition Commissioner. In addition to the competition portfolio, Ms. Vestager will also take on responsibility for the “a Europe fit for the digital age” agenda, and has been designated as one of the executive vice-presidents of the Commission.
FCO Prevents Alliance of Purchasing Organizations for Furniture
By Cleary Gottlieb on
On September 12, 2019, the FCO closed administrative proceedings against two joint purchasing organizations for furniture, VME Union GmbH and KHG GmbH & Co. KG, after the organizations had abandoned their plans to enter into an alliance.[1]
General Court Upholds Poland’s Challenge To OPAL Pipeline Decision
By Cleary Gottlieb on
On September 10, 2019, the General Court annulled a European Commission decision concerning the Ostseepipeline-Anbindungsleitung (“OPAL”) gas pipeline for breaching the principle of energy solidarity. The decision approved raising a cap on Gazprom’s use of the pipeline.
Roadmap For The Evaluation Of The Horizontal Block Exemption Regulations Open For Comments
By Cleary Gottlieb on
Amazon Fined €4 Million for Restrictive Trade Practices
By Cleary Gottlieb on
On September 2, 2019, the Paris Commercial Court sanctioned Amazon for having imposed unfair conditions on businesses selling on its platform. Amazon received a record fine of €4 million and was ordered to remove or modify the contentious clauses from its contracts and terms of use within six months, failing which it will incur a periodic penalty of €10,000 for each day’s delay.
Two Cycling Groups Call For Antitrust Probe Into Governing Body For Sports Cycling
By Cleary Gottlieb on
In September 2019, cycling organizations Velon and the Italian Cycling League filed separate complaints with the Commission, alleging that the world governing body for sports cycling, Union Cycliste Internationale (“UCI”), breached EU competition law in its dual role of regulating and organizing cycling events.[1]
The TAR Lazio Upholds an ICA Decision Rejecting a Request To Extend the Effects of a Judgment to an Addressee of a Previous Fining Decision Which Failed To Challenge It in Court
By Cleary Gottlieb on
DCA Picks Apart FCO’s Facebook Decision in Interim Proceedings
By Cleary Gottlieb on
On August 26, 2019, the Düsseldorf Court of Appeal (“DCA”), in an interim decision, suspended the German Federal Competition Office’s (“FCO”) prohibition decision against Facebook, Inc. (“Facebook”), expressing “serious doubts” about its legal basis.[1] This decision marks not only the second major setback for the FCO after the DCA’s annulment of the FCO’s Booking.com decision on price parity clauses earlier this year.[2] It might also constitute a major setback for the FCO’s efforts to act as a leading enforcer of competition law in the digital economy.
Nomination of Supervisory Board Member Not Gun Jumping
By Cleary Gottlieb on
On August 26, 2019, the DCA dismissed a claim based on allegations of gun jumping against the appointment of a new member of Ceconomy AG’s (“Ceconomy”) supervisory board.[1]