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.
The European Commission approved an ambitious French aid plan for RDI
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.
Italian Supreme Court Ruling on Follow-on Action Regarding Telecom Italia’s Alleged Abuse on the Market for Wholesale Termination Services
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].
The Digital Markets Act – Unpacking the EU’s Transformative New Tool Box
The EU’s historic Digital Markets Act will bring about a paradigm shift in the regulation of digital markets, giving the
TAR Lazio Annuls ICA Decision Fining Telecom Italia €3.7 Million for Alleged Abuse of Dominance
On April 11, 2022,[1] the TAR Lazio annulled an ICA decision finding that Telecom Italia S.p.A. (“Tim”) had infringed Article 102 TFEU for allegedly abusing its dominant position in the market for Short Message Service (“SMS”) termination (the “Decision”).[2] The Court followed the same reasoning as that set out in its September 2021 judgment, in which it overturned the €5.7 million fine imposed by the ICA on Vodafone Italia S.p.A. (“Vodafone”) in a parallel decision.
Advocate General Szpunar’s Opinion on Disclosure of Evidence Created ex novo
On April 7, 2022, Advocate General Szpunar delivered his opinion on the interpretation of Article 5(1) of Directive 2014/104 (the “Damages Directive”) and on the scope of its rules on evidence production.[1] The Advocate General called on the Court of Justice to allow national courts to require defendants to disclose evidence of a type that would require the defendant to compile or classify information rather than merely produce existing material.
Revision of Regulation 1/2003 and the Commission’s Leniency Policy
The Commission has recently revealed its plan to review two foundations of EU competition law enforcement: Regulation 1/2003 and the Leniency Policy.
Final Agreement Reached on Digital Markets Act: A Paradigm Shift In Digital Regulation
On Thursday, March 25, 2022, the European Parliament and EU Member States reached agreement on the final text of the Digital Markets Act (DMA). The DMA marks a paradigm shift in the regulation of digital markets, giving the European Commission unprecedented powers to regulate leading digital platforms and setting a global standard for other jurisdictions that are developing similar rules.
Update on Europe’s Digital Regulations – What’s Next For Big Tech
On March 24, 2022, the European Parliament, the Commission and the EU Member States reached an agreement on the text of the Digital Markets Act (“DMA”). And on April 23, 2022, the same set of EU bodies reached political agreement on the final text of the Digital Services Act (“DSA”). The new legislations will now make their way through the final procedural hurdles over the summer.
ICA Fines Three Associations of Undertakings in the Italian Cinematographic Industry for Alleged Collective Boycott Against Companies Organizing Outdoor Free Film Screenings
On March 15, 2022, the ICA imposed fines of over €90 million on the associations of undertakings Anica, Anec and Anec Lazio, representing the Italian film and audiovisual industry as well as companies managing cinemas in Italy (jointly the “Associations”), for an alleged collective boycott infringing Article 101 TFEU.[1]