On June 23, 2021, the German Federal Cartel Office (“FCO”) published its Annual Report 2020/2021[1] as well as its biennial Activity Report 2019/2020. Andreas Mundt, the President of the FCO, pointed out that the FCO’s enforcement activities continue to focus on the digital economy and consumer protection—especially with the help of the FCO’s new enforcement tools created by the recently introduced 10th Amendment of the German Act Against Restraints of Competition (“ARC”)[2]. The reports also provides various enforcement statistics that show that the FCO continues to be a highly active competition law enforcer in the EU.[3]
The Commission Opens a Formal Probe Into Google’s Activities in Ad Tech
On June 22, 2021, the Commission opened a formal investigation into Google’s activities in the online advertising technology (“ad tech”) sector.[1]
Investigation Against Apple Under New Rules For Large Digital Companies
On June 21, 2021, the FCO opened an investigation against Apple under the new competition rules for companies with PCMS.[1] After proceedings against Google, Amazon and Facebook have already been launched earlier this year, Apple is the last major digital company of the GAFA to be investigated by the FCO under the new rules.
CMA Publishes Consultation To Replace the Retained Vertical Agreements Block Exemption Regulation
On 17 June 2021, the CMA published a consultation document on its provisional recommendation to replace the retained EU Vertical Agreements Block Exemption Regulation (VABER) with a UK-specific Vertical Agreements Block Exemption Order (VABEO) (the CMA Consultation). Currently, agreements benefit from automatic exemption from the UK Chapter 1 Prohibition[1] (the equivalent of Article 101 TFEU) if they meet the criteria set out in the VABER.
The French Competition Authority Updates Its Notice on Fines
On June 11, 2021, the French Competition Authority (“FCA”) published a draft to update its Notice on fines.[1] The draft is subject to a public consultation which was held between June 11 and 25, 2021. According to the FCA, the update was prompted by the entry into force of ordinance No.2021-649 of May 26, 2021, which implements Directive (EU) 2019/1 of the European Parliament and of the Council of December 11, 2018 (“ECN+ Directive”), whose aim is to strengthen and harmonize competition enforcement by national authorities.
FCO Approves RTL Group’s Acquisition of The Remaining Shares in Super RTL
On June 11, 2021, the FCO cleared Bertelsmann SE & Co. KGaA’s (“RTL Group”) acquisition of the remaining 50% shares in RTL Disney Fernsehen GmbH & Co. KG (“Super RTL”) from its co-shareholder The Walt Disney Company (“Disney”).[1] RTL Group and Disney established Super RTL as a joint venture in 1995, each holding 50 percent of the shares in Super RTL. Following the transaction, RTL Group is the sole shareholder of Super RTL.
The Commission Publishes Initial Feedback From the Consumer Internet of Things Sector Inquiry
FCO Launches Public Consultations on “Self-Cleaning Guidelines”
On June 8, 2021, the FCO published its draft “Guidelines for the premature deletion of an entry in the Competition Register due to self-cleaning”[1] as well as its draft “Practical guide on filing an application for premature deletion”.[2] In addition, it opened public consultations on the drafts. Interested parties were invited to submit their comments by July 20, 2021.
The Milan Court of Appeal Declares Inadmissible as Manifestly Unfounded an Appeal Against a Judgment by the Court of Milan That Dismissed a Follow-on Damages Action Brought Against the Italian Electronic Communications Sector’s Incumbent
On June 7, 2021,[1] the Milan Court of Appeal (the “Court of Appeal”) declared inadmissible an appeal brought by Irideos S.p.A. (“Irideos”; formerly, Enter S.r.l., “Enter”) against a Court of Milan judgment that had entirely dismissed a follow-on damages action against Telecom Italia S.p.A. (“TIM”) for alleged abuse of dominance in the provision of wholesale access services[2] found by the Italian Competition Authority (the “ICA”) in 2013, on the ground that the appeal did not have a reasonable chance of being upheld, pursuant to Articles 348-bis and ter of the Italian Code of Civil Procedure (the “CCP”).
The French Competition Authority Fines Google €220 Million for Favoring Its Own Advertising Technologies
On June 7, 2021, the French Competition Authority (“FCA”) imposed a fine of €220 million on Google Inc. (now Google LLC), Alphabet Inc., and all Alphabet Inc.’s subsidiaries (together, “Google”), for allegedly abusing its dominant position in the market for advertising servers for website and mobile application publishers.[1]