On June 16, 2022, the Paris Court of Appeals (the “Court”) ruled that “decisions to protect the confidentiality of business secrets taken during the course of the investigation, which have not been challenged pursuant to Article R. 463-15 of the French Commercial Code, continue to bind the College when adopting and drafting the decision on the merits, otherwise such decisions would be deprived of any effectiveness” (the “Ruling”).[1]
On June 16, 2022, the Court of Justice set aside four judgments of the General Court and partially annulled the Commission’s decision in the Optical Disc Drives cartel case.[1]
On June 16, 2022, the French Competition Authority accepted binding commitments from Meta to introduce new policies enhancing advertising service providers’ access to its online advertising technologies.
On June 15, 2022, the General Court annulled the Commission’s decision and corresponding fine of €997 million in the Qualcomm case[1] due to procedural violations and a flawed substantive assessment. The General Court first found that the Commission had infringed Qualcomm’s rights of defense by failing to properly inform Qualcomm of meetings with third parties, and failing to hear Qualcomm on the consequences of substantial changes between the Statement of Objections (“SO”) and the final decision.
In a decision published on June 13, 2022, the ICA cleared the acquisition of 51% of the share capital of Press-Di Distribuzione Stampa e Multimedia S.r.l. (“Press-Di” or the “Target”) by Artoni Group S.p.A. (“Artoni”) and SHR S.r.l. (“SHR” and, jointly, the “Parties”). As a result, the Parties acquired joint control over the Target together with the seller Mondadori Media S.p.A. (the “Transaction”).[1]
On June 9, 2022, the Council of State upheld appeals submitted by Media Partners & Silva Limited and MP Silva S.r.l. (jointly, “MP Silva”), by partially dismissing bid-rigging fines imposed by the ICA for the assignment of broadcasting rights for football matches in countries other than Italy.[1]
On June 1, 2022, the General Court heard arguments from Meta (previously Facebook) and the Commission in the case relating to Meta’s challenge of a Commission decision dated May 4, 2020, issued in the context of the Commission’s antitrust investigation into Facebook’s data- related practices.[1]
Updated on May 10, 2022
The UK Government has published its response to the consultation on a new regulatory regime for digital markets on May 6, 2022.
On April 27, 2022, the European Commission (the “Commission”) approved a State aid scheme of €700 million of the French State “to support research, development and innovation projects by companies of all sizes and active across all sectors”[1] (the “French Scheme” or the “Scheme”). The French authorities estimate the number of beneficiaries of the scheme to range between 11 and 50 companies.[2] The scheme will be in place until December 31, 2023.
On April 26, 2022, the Italian Supreme Court confirmed a judgment of the Milan Court of Appeal, which had upheld the damages claim brought by Teleunit S.p.A. (“Teleunit”) against Telecom Italia S.p.A. (“Tim”)[1].