On July 30, 2021, the French Competition Authority (“FCA”) published its revised Fining Guidelines, which repealed and replaced the 2011 guidelines.[1] In June, the FCA had opened a public consultation on a draft, which provided for different changes of the method of calculation of fines. While the Guidelines as published have retained those changes, they also include several more minor ones resulting from the public consultation.
The FCO’s Interim Report on Mobile Apps
On July 29, 2021, the German Federal Cartel Office (“FCO”) published the results of its sector inquiry into mobile apps,[1] finding severe deficiencies regarding the information provided to app users and apps’ compliance with data protection law. The FCO recommends app publishers and app store operators should increase transparency and requests increased private enforcement and more enforcement by data protection authorities.
TAR Lazio Annuls ICA Decision Fining Telecom Operators for Their Participation in Alleged “Repricing” Cartels
On July 12, 2021, the Regional Administrative Tribunal for Latium (the “TAR Lazio”) annulled the overall €228 million fines imposed by the ICA on Fastweb S.p.A. (“Fastweb”), Telecom Italia S.p.A. (“TIM”), Vodafone Italia S.p.A. (“Vodafone”) and Wind Tre S.p.A. (“Wind Tre”; collectively, the “Operators”) for an alleged cartel aimed at coordinating pricing strategies in the transition from a 28-day to a monthly billing period (so-called repricing).[1]
FCO Presents Annual Report 2020/2021 Focusing On The Digital Economy
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.