As of September 5, 2019, the Commission is inviting comments on the roadmap for the evaluation of the horizontal block exemption regulations on research and development agreements[1] and specialization agreements[2] (the “Horizontal Block Exemption Regulations”).
Two Cycling Groups Call For Antitrust Probe Into Governing Body For Sports Cycling
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 French Competition Authority Clears Ineos’ Acquisition of the OGC Nice Football Club
On August 21, 2019, the French Competition Authority (“FCA”) unconditionally cleared the acquisition of the SASP Olympic Gymnast Club of Nice (“OGC Nice”) by Ineos,[1] thereby issuing the first merger decision in Europe relating to a professional football club.
Commission Publishes 2018 Annual Activity Report
On July 15, 2019, the Commission published its annual report on competition policy, setting out the Commission’s main policy and legislative initiatives, and key decisions adopted in 2018.
The FCA Publishes Its 2018 Annual Report
The FCA published its 2018 annual report, which, this year, also provides an overview of the FCA’s policy and results over the last decade (see our article published in the April newsletter[1]).
European Champions Debate Continues
On July 4, 2019, France and Germany, joined by Poland, issued a joint call to modernize European competition rules (“Joint Statement”).[1] This follows the publication in February 2019 of a Franco-German Manifesto for a European industrial policy to foster the creation of European champions.[2] The Joint Statement scales back some of the Manifesto’s far-reaching ideas.
New Guidelines on “Passing-on” of Overcharge and Disclosure of Confidential Information in Cartels Damages Claims
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 Presents Annual Report 2018 With a Focus on the Digital Economy and Consumer Protection
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.
CMA Publishes Merger Remedy Evaluation
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.
The TAR Lazio Upholds the ICA’s Decision to Fine the Italian Football Federation for an Alleged Anticompetitive Agreement in the Market for Professional Services in the Sports Sector
On June 4, 2019, the TAR Lazio upheld a decision issued by the ICA in 2018, which had fined the Italian Football Federation (“FIGC”) for an anticompetitive agreement, consisting of the FIGC’s decision to limit access to the market for professional services provided by sports directors, sport management assistants, talent scouts and match analysts.[1]