In the first episode of a three-part series on U.S. antitrust enforcement, host Nick Levy interviews Cleary Gottlieb colleagues George Cary and Elaine Ewing about U.S. merger control under President Biden.
Revised Market Definition Notice Confirms Established Framework with Emphasis on Global and Digital Markets and the Commission’s Margin of Discretion
On November 8, 2022, the Commission published its draft Revised Market Definition Notice (the “Revised Notice”) for consultation in view of a formal adoption in the third quarter of 2023.[1] The revision of the current 1997 Market Definition Notice (the “Original Notice”) was initiated in April 2020, with a particular focus on improved analysis of global and digital markets.[2] In addition to guidance on these issues, the Revised Notice largely confirms the principles set in the Original Notice, integrates as additional background recent EU decisional practice and preserves the Commission’s margin of discretion in market definition assessments.
Antitrust Review Episode 6: The Digital Markets Act
In the latest episode of Cleary Gottlieb’s Antitrust Review podcast, a panel of Cleary Gottlieb experts unpack the EU’s landmark Digital Markets Act, explaining its scope and implications for the world’s leading digital platforms.
The French Competition Authority rejects TDF’s request to lift commitments prior to their end date
On December 6, 2022, the French Competition Authority (“FCA”) issued a decision rejecting TDF’s request to lift the commitments it had entered into in 2015 regarding abuse of dominance practices on the market for hosting mobile network antennas on pylon sites (the “Decision”).[1] The FCA rejected this request due to lack of evidence that the competition concerns identified in 2015 have disappeared.
Antitrust Review Episode 5: In Conversation With Olivier Guersent
In this episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by Olivier Guersent, Director-General of the EC’s Directorate-General for Competition.
Digital Services Act Published in the EU Official Journal
On October 27, 2022, the Digital Services Act (“DSA”) was published in the Official Journal of the EU, marking its formal adoption.[1] The DSA sets out new rules that apply to the distribution of user-generated online content. Unlike the DMA, which seeks to ensure the contestability of digital markets, the DSA seeks to improve user safety online and ensure accountability of platforms for the content that they transmit, host or publicly disseminate.
The Commission Encourages Immunity & Leniency Applications Through A “No-Name” Basis Engagement And “Hypothetical” Immunity/Leniency Applications
On October 25, 2022, the Commission published additional guidance on its Leniency Policy in the form of Frequently Asked Questions (“FAQs”) to further encourage companies to seek immunity or leniency from cartel fines.[1]
Advocate General Sides with Commission in its Appeal of General Court’s Overturning of Three/O2 Prohibition
Non-binding opinion finds that General Court erred in applying heightened standard of proof to cases involving unilateral effects in oligopolistic markets.
General Court Partially Annuls European Commission Decision in Google Android
In September 2022, the General Court partially annulled the European Commission’s 2018 Google Android decision, which fined Google €4.3 billion for abuses of dominance relating to apps it offers for its Android mobile operating system (“OS”).[1] The Court also found that the Commission’s investigation suffered from procedural errors. It reduced the fine by €200 million.
CK Telecoms: Advocate General Kokott’s (Re)-Balancing Of Probabilities Test
On October 20, 2022, Advocate General Kokott issued her opinion on the Commission’s appeal of the General Court’s landmark May 2020 judgment overturning the Commission’s prohibition of the Three/O2 UK mobile telecommunications merger.[1] The Opinion advises the Court of Justice to uphold the Commission’s appeal on all main grounds and refer the case back to the General Court for reconsideration.