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]
Industries
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.
The Council of State Annuls a Judgment of the TAR Lazio Concerning the Amount of the Fine for Participation in a Cartels in the Road Safety Barriers Sector in Light of the Applicant’s Reduced Ability To Pay
By Cleary Gottlieb on
On June 25, 2019, the Italian Council of State (“Council of State”) partially upheld the appeal lodged by Società Metalmeccanica Fracasso in Liquidazione S.p.A. (“Metalmeccanica Fracasso”) against the judgment issued by the Regional Administrative Tribunal of Latium (“TAR Lazio”) on February 1, 2017 (“Judgment”),[1] which had confirmed the decision of the Italian Competition Authority (“ICA”) to re-determine the fine imposed on Metalmeccanica Fracasso for an alleged restrictive agreement.[2]
R (on the Application of Advanz Pharma Corp) v CMA
By Cleary Gottlieb on
The case concerns an abuse of dominance investigation by the CMA into the supply of Liothyronine tablets in the UK…
The Commission Approves Harris’s Acquisition Of L3 Subject To Divestment Of Harris’s Night Vision Operations
By Cleary Gottlieb on
On June 21, 2019, the Commission conditionally approved in Phase I the acquisition of L3 Technologies (“L3”) by Harris Corporation (“Harris”), both U.S. based aerospace and defence companies. The approval was subject to the divestment of Harris’s night vision devices business.[1]
The Council of State Annuls the TAR Lazio’s Decision To Reduce the Fine Imposed on San Marco for a Cartels in the Road Safety Barriers Sector
By Cleary Gottlieb on
On June 20, 2019, the Council of State partially annulled a ruling delivered by the TAR Lazio in 2013,[1] which had reduced the fine imposed by the ICA on San Marco S.p.A. – Industria Costruzioni Meccaniche in liquidazione (“San Marco”) for an alleged cartel in the road safety barriers sector.[2] The Council of State held that the TAR Lazio, on the basis of equitable principles and by taking into account the fact that the company was bankrupt, had unlawfully reduced the fine imposed on San Marco.
RF v. Commission (Case C-660/17 P)
By Cleary Gottlieb on
On June 19, 2019, the Court of Justice dismissed an appeal against a General Court order rejecting an appeal filed by RF, a Polish transportation company based in Gdynia, a city on the Baltic sea coast.[1] The General Court had rejected RF’s appeal because the original, signed version reached the General Court’s premises after the deadline to file an appeal. The General Court concluded that RF’s failure to meet the deadline due to a postal delay did not amount to an unforeseeable event or force majeure, which would have allowed for its acceptance, notwithstanding its late arrival in Luxembourg.
CMA Publishes Merger Remedy Evaluation
By Cleary Gottlieb on
In June 2019, the CMA published its Merger Remedy Evaluations Report (the Report) – the latest in a series of case evaluations conducted to develop the CMA’s expertise, policy, and practice on merger remedies. The Report notes that its findings will be “used to inform the way in which the CMA approaches remedy design and implementation in subsequent cases.” The Report contains useful guidance for parties on the types of remedies that the CMA is prepared to accept or may require.