On April 29, 2021, the French Competition Authority (“FCA”) unconditionally cleared Vivendi’s acquisition of Prisma Media, a French press publishing group.[1] The FCA found that the proposed transaction did not create any significant impediment to effective competition, despite the existence of conglomerate relationships between the Parties’ activities.
The ICA Fines Google €102 Million for an Alleged Refusal To Publish Enel X’s App for Electric Vehicle Charging on Android Auto
On April 27, 2021, the Italian Competition Authority (the “ICA”) imposed a fine of €102 million on Alphabet Inc., Google LLC and Google Italy S.r.l. (together, “Google”) for an alleged refusal to allow an electric vehicle (“EV”) charging app developed by Enel X (named “JuicePass”) to be published on Google’s Android Auto platform.[1]
Joint Statement by the CMA, ACCC and Bundeskartellamt on the Need for Rigorous Merger Enforcement
In recent years, the CMA has been strengthening its approach to merger control as it prepares for its new status as a global enforcer with expanded jurisdiction following the UK’s exit from the EU. Since 1 January 2021, the CMA has been able to investigate the UK aspects of mergers that also qualify for review by the EU Commission (EC). Many transactions, including major global deals, are therefore now subject to parallel review by the EC and CMA.
CAT Publishes CPO in Justin Le Patourel v BT Group PLC
On 19 October 2021, the CAT published its judgment on the strike-out and CPO applications in the claim brought by
Commission Sends Apple a Statement of Objections Alleging Apple Abused Its Dominant Position to Advantage Its Music Streaming Service
On April 30, 2021, the European Commission issued a Statement of Objections to Apple alleging it abused its dominant position in the market for the distribution of music streaming apps.[1] The Commission’s investigation follows Spotify’s complaint filed in March 2019,[2] and marks the first major procedural development in the four investigations opened against Apple in June 2020.[3]
OTC Computers Limited (In Liquidation) v Infineon Technologies AG and Micron Europe Limited
On 14 April 2021, the Court of Appeal dismissed an appeal by Infineon and Micron against a High Court judgment
Rome Court of Appeal Dismisses Appeal on a Follow-on Action for Damages and Orders the Incumbent in the Italian Electronic Communications Sector To Pay Approximately €5 Million in Damages
On April 13, 2021, the Rome Court of Appeal rejected the appeal brought by Telecom Italia S.p.A. (“TIM”) against a judgment of the Court of Rome in a follow-on action for damages.[1] The Court of Rome had ordered TIM to pay COMM 3000 S.p.A. (formerly KPNQwest S.p.A., “COMM 3000”) approximately €8 million in damages for alleged abuse of dominant position in the market for the provision of wholesale access services. The ICA had imposed a fine for the alleged abuse in 2013.[2]
The Commission Withdraws Its 2019 Decision Imposing Binding Commitments in the PayTV Investigation
On March 31, 2021, the Commission withdrew its decision which made binding—under Article 9 of Regulation No 1/2003—commitments offered by NBCUniversal, Sony, TWDC, Twentieth Century Fox, Warner Bros and Sky in the cross-border access to pay-TV antitrust proceedings.[1] The withdrawal follows the annulment by the Court of Justice of the Commission’s commitments decision against Paramount and its parent company Viacom[2] (the “Paramount Commitments Decision”), who had offered essentially identical commitments to those offered by the parties in the present case.
ICA Fully Dismisses Allegations of an Abuse of a Dominant Position in the Market for Maintenance of High-tech Diagnostic Imaging Devices
On March 30, 2021, the Italian Competition Authority (the “ICA”) closed an investigation against three equipment manufacturers in the market for maintenance of high-tech diagnostic imaging devices, without finding any abuse of dominant position. The ICA found that the evidence collected during the investigation did not allow to confirm the allegations put forward at the beginning of the investigation.[1]
The Conseil Constitutionnel Holds That Article L. 464-2(5), 2° of the French Commercial Code Is Contrary to the Constitution
On March 26, 2021, the French Conseil constitutionnel ruled that Article L. 464-2(5), 2° of the French Commercial Code, under which the French Competition Authority (“FCA”) may impose a fine of up to 1% of an undertaking’s turnover for obstructing an investigation, was contrary to the French Constitution.[1]