On March 26, 2021, the Commission adopted a Communication on the application of the referral mechanism pursuant to Article 22 of the EU Merger Regulation (“EUMR”)[1] and announced a further simplification of merger control proceedings,[2] effective immediately.
CMA publishes new Merger Assessment Guidelines
On 18 March, the CMA published new Merger Assessment Guidelines (the New Guidelines). Under the New Guidelines, the CMA will adopt a more flexible approach to the substantive assessment of mergers, particularly in digital markets. The New Guidelines also suggest the CMA will look to intervene in mergers where market shares are low or where the evidence of anticompetitive effects is slim.
Commission Says PPC Might Have Engaged in Predatory Bidding and Hindered Greece’s Efforts To Go Green
On March 16, 2021, the Commission announced the opening of a formal investigation into Public Power Corporation (“PPC”), the largest wholesale and retail electricity supplier in Greece, and majority-owned by the Greek State, for allegedly abusing its dominance in the Greek wholesale electricity sector through predatory pricing strategies arising from its bidding behavior.[1]
The French Competition Authority Fines Vinci Group for Bid Rigging in a Public Tender for Building Maintenance in the City of Lille
On March 4, 2021, the FCA fined Santerne Nord Tertiaire (“Santerne”), a Vinci group subsidiary, a total of €435,000 for bid rigging in a public tender for building maintenance in the city of Lille.[1]
Preventx v. Royal Mail Group
On 11 February 2021, the High Court issued a consent order dismissing Preventx’s abuse of dominance claim against Royal Mail
Dortmund Regional Court Aligns Principles for Jurisdiction With EU Law
On February 10, 2021, the Dortmund Regional Court set out principles for determining jurisdiction, specifically in competition damages litigation.[1]
The French Competition Authority Publishes a Study on Professional Associations
In connection with the forthcoming transposition of Directive No. 2019/1 (the “ECN+ Directive”), which exposes professional associations to higher fines for anti-competitive practices, the French Competition Authority (“FCA”) has published a study on how competition law applies to professional associations and made a number of practical recommendations.[1]
The French Competition Authority Reports on Its 2020 Activity and Announces Its Enforcement Priorities for 2021
On December 23, 2020, the French Competition Authority (“FCA”) presented a summary report of its 2020 activity and set out its priorities for 2021.[1]
TAR Lazio Quashes ICA Decision on Alleged Abuse of Dominant Position in Markets for the Collection of Waste Paper in Various Municipalities in Emilia Romagna
On December 22, 2020, the TAR Lazio quashed an infringement decision issued by the ICA (“ICA Decision”) against the public utility company Hera Holding Energia Risorse Ambiente S.p.A. (“Hera”) and its subsidiary Herambiente S.p.A. (“Herambiente”).[1] The ICA Decision found an alleged abuse of dominant position in the markets for the collection of waste paper in a number of municipalities in the region of Emilia- Romagna, for having favored Akron S.p.A. (“Akron”) – Herambiente’s subsidiary active in downstream markets – to the detriment of competitors.[2]