On July 4, 2019, following two losses at the EU Courts, the Commission re-adopted its decision to fine five Italian manufacturers of reinforcing steel bars for a price-fixing cartel. The Commission reduced the fines by an unprecedented 50% due to the length of proceedings spanning almost two decades.
Industries
The FCA Issued Its Second Opinion on French Overseas Territories
By Cleary Gottlieb on
On July 4, 2019, the FCA issued an opinion on the functioning of competition for the importation and distribution of consumer products in French overseas territories—one of the FCA’s “priorities” for 2019.[1] The opinion assesses progresses made since the FCA issued its first opinion on French overseas territories, and extends its assessment to online restrictions.
The ICA, the Italian Communications Authority and the Italian Data Protection Authority Issue a Set of Joint Guidelines and Policy Recommendations on Big Data
By Cleary Gottlieb on
On July 2, 2019, the ICA, the Italian Communications Authority and the Italian Data Protection Authority (jointly, the “Authorities”) issued guidelines and policy recommendations on the digital sector, and specifically on Big Data (the “Guidelines”).[1]
FCO Clears Paper Dealer Merger
By Cleary Gottlieb on
On July 2, 2019, after an in-depth investigation, the FCO approved the acquisition of German paper dealer Papyrus Deutschland GmbH & Co. KG (“Papyrus”) by its competitor Papier Union GmbH despite high combined market shares in the market for printing paper.[1]
New Guidelines on “Passing-on” of Overcharge and Disclosure of Confidential Information in Cartels Damages Claims
By Cleary Gottlieb on
On July 1, 2019, following a one-year public consultation with national courts and other stakeholders, the Commission published new guidelines to assist national judges in estimating the “passing-on” of overcharge in cartel damages claims.[1] The guidelines are the latest step in efforts to develop a forum for antitrust damages litigation throughout Europe, given that these actions are, at present, typically confined to a small number of national jurisdictions (the U.K., the Netherlands, and Germany).
FCO Approves EDEKA’s Acquisition of Handelshof Group
By Cleary Gottlieb on
On July 1, 2019, the FCO cleared EDEKA Zentrale AG & Co. KG’s (“EDEKA”) 100% acquisition of the Handelshof Management GmbH (“Handelshof group”).[1] The FCO found that the merger did not significantly impede effective competition in the food (and related non-food) product wholesale and procurement markets.
The FCA Fines a Bicycle Manufacturer for an Online Sales Ban
By Cleary Gottlieb on
On July 1, 2019 the FCA imposed a fine of €250,000 on the high-end bicycle manufacturer Bikeurope B.V. and its mother company, Trek Bicycle Corporation, for having imposed and monitored an online sales’ ban on its distributors from 2007 to 2014.[1]
The Commission Fines Canon €28 Million For Gun-Jumping
By Cleary Gottlieb on
On June 27, 2019, the Commission imposed two fines totaling €28 million on Canon in the context of its acquisition of Toshiba Medical Systems Corporation (“TMSC”). The first fine of €14 million was levied for Canon’s failure to notify the Commission prior to the implementation of the transaction in violation of Article 4(1) of the EU Merger Regulation (“EUMR”). The second fine of €14 million, was imposed as a result of Canon implementing the transaction prior to obtaining clearance, breaching Article 7(1) EUMR.
FCO Presents Annual Report 2018 With a Focus on the Digital Economy and Consumer Protection
By Cleary Gottlieb on
On June 27, 2019, the German Federal Cartel Office (“FCO”) published its Annual Report 2018 as well as its biennial Activity Report 2017/2018.[1] Andreas Mundt, the President of the FCO, pointed out that the FCO has a clear digital agenda with a focus on the digital economy and the protection of consumer rights, which it will continue to pursue this year.
The Commission Opens an Investigation Into Broadcom and Seeks To Impose Interim Measures for the First Time in 18 Years
By Cleary Gottlieb on
On June 26, 2019, the Commission opened a formal investigation into whether Broadcom’s contractual requirements, IP practices, and technological developments relating to TV and modem chipsets infringed Article 102 TFEU.