On November 16, 2021, the Italian Competition Authority (the “ICA” or the “Authority”) imposed a fine of €134.5 million on Apple Inc. and certain of its subsidiaries (“Apple”) and a fine of €68.7 million on Amazon.com Inc. and certain of its subsidiaries (“Amazon”; together with Apple, the “Parties”) for restricting certain resellers of Apple products, including those of the Apple-owned brand Beats, from accessing the online marketplace of Amazon (“Amazon Marketplace”).[1]
Google Shopping: The General Court Upholds The European Commission’s Decision Finding That Google Abused Its Dominant Position In General Search By Favoring Its Own Comparison Shopping Service
On November 10, 2021, the General Court upheld the Commission’s decision finding that Google had committed an abuse by favoring its own comparison shopping service (“CSS”).[1] The Commission previously found that Google positioned and displayed, in its general search results pages, its own CSS more prominently than competing CSSs. The Commission imposed on Google a fine of €2.42 billion.[2] In the judgment, the General Court largely dismissed Google’s appeal against the Commission’s decision and confirmed the amount of the fine.
The FCO’s Interim Report on Messenger and Video Services
On November 4, 2021, the German Federal Cartel Office (“FCO”) published an interim report on its sector inquiry into messenger and video services,[1] exploring the necessity of interoperability rules for messaging services. The interim report does not contain recommendations but reserved them for the final report expected to be released in 2022.
Withdrawal of Action Against Datasite
On 19 October 2021, the CAT made an order permitting Regus Group Services Ltd and IWC plc to withdraw their
Isabelle de Silva Steps Down as Head of the French Competition Authority
October 13, 2021 marked the end of Isabelle de Silva’s five-year term as President of the FCA.
The ICA Closes Investigation Into Google’s Conduct in the Digital Advertising Sector Following the Opening of Proceedings by the European Commission
On October 12, 2021, the ICA closed an investigation against Google, due to the fact that, in June 2021, the European Commission (the “Commission”) opened an investigation having the same scope.[1]
FCO’s New Guidelines On Lenieny And Antitrust Fines
On October 11, 2021, the FCO published two new guidelines, the leniency guidelines and guidelines on the setting of antitrust fines.[1] Both guidelines reflect revisions to the Act against Restraints of Competition (“ARC”) resulting from the 10th Amendment of the ARC earlier in 2021.[2] While the leniency program was legally anchored only by the 10th Amendment of the ARC, the FCO’s new leniency guidelines largely correspond to the former guidelines as issued in 2000 and updated in 2006. In contrast, the FCO’s new fining guidelines substantiate several important methodical changes introduced to the law by the 10th Amendment of the ARC and implement judicial practice which has in the past differed considerably from the FCO’s principles in some cases.
Monopolies Commission Proposed Amendments to the Draft Digital Markets Act
On October 5, 2021, the Monopolies Commission published its Special Report on the draft Digital Markets Act (“DMA”)[1] welcoming many rules of the draft DMA but also proposing amendments.
The Google Android Hearing Before The General Court Of The European Union
In a five-day session, between September 27, 2021 and October 2, 2021, the General Court of the European Union (the “General Court”) heard Google’s and the European Commission’s (the “Commission”) arguments in the Google Android case.
The Paris Court of Appeals Upholds the Dismissal of Molotov’s Complaint Against Broadcasters TF1 and M6
On September 30, 2021, the Paris Court of Appeals upheld the FCA’s decision of April 24, 2020 (the “Decision”) to dismiss Molotov’s complaint regarding certain practices allegedly carried out by the two main private free-to-air television broadcasters in France, TF1 and M6. The Court held that, in line with the FCA’s findings, neither the evidence on file nor that adduced by the complainant were sufficient to establish any of the alleged infringements.