On February 10, 2021, the Dortmund Regional Court set out principles for determining jurisdiction, specifically in competition damages litigation.[1]
CMA Digital Markets Strategy Refresh
The CMA published a “refresh” of its Digital Markets Strategy (DMS II) on 9 February 2021. The first iteration (DMS I) was published in June 2019 but the CMA explains that “much has changed” in the interim, not least “significant developments in the political and regulatory landscape for digital markets.”
Phones4U (In Administration) v. EE, Deutsche Telekom, Orange, Vodafone, Telefonica and Telefonica O2
On 2 February 2021, the Court of Appeal rejected an appeal by several mobile network operators (MNOs) to overturn disclosure orders that the MNOs’ executives’ personal devices and communications be examined by independent IT experts. Phones4U entered administration in 2014, following the termination of its contracts with several important commercial partners, including the defendant MNOs, from January 2013 onwards.
The Court Of Justice Confirms The Commission’s Wide Discretion In Defining The Scope Of A Request For Information
On January 28, 2021, the Court of Justice upheld the General Court’s ruling that the Commission’s request for information (“RFI”) issued during its predatory pricing investigation of Qualcomm was necessary and proportionate.[1] The judgment further strengthens antitrust authorities’ broad discretion in deciding on the scope of RFIs.
The French Competition Authority Publishes a Study on Professional Associations
In connection with the forthcoming transposition of Directive No. 2019/1 (the “ECN+ Directive”), which exposes professional associations to higher fines for anti-competitive practices, the French Competition Authority (“FCA”) has published a study on how competition law applies to professional associations and made a number of practical recommendations.[1]
Justin Le Patourel v BT Group PLC
On 26 January 2021, the CAT published an application to commence a collective proceedings order against BT for charging excessive prices to customers supplied with certain residential landline services. The claim arises from a review of the market for standalone landline telephone services conducted by Ofcom in 2017. Ofcom found that BT charged prices above the competitive level to customers who bought standalone residential landline telephone services (voice only customers).
FNZ (Australia) Bidco Pty Ltd v Competition And Markets Authority
On 25 January 2021, the CAT published an order remitting the assessment of the completed acquisition of GBST Holdings Limited
Game Over: Valve and PC Video Game Publishers Fined for “Geo-blocking” Practices
On January 20, 2021, the Commission imposed fines totaling €7.8 million on Valve, the owner of the video gaming platform Steam, and five PC video game publishers[1] for breaching Article 101 TFEU. The Commission found that the companies prevented gamers from activating certain PC video games purchased from sellers in eight Central and Eastern European Member States, where prices are generally lower than in other Member States (so-called “geo-blocking”).[2] This decision is a reminder of the Commission’s strict stance on cross-border sales restrictions.
FCO Safeguards Competition in Mobile Communication Cooperation
On January 19, 2021, the FCO announced that it would closely monitor cooperation agreements between Deutsche Telekom, Vodafone, and Telefónica
The Commission Approves London Stock Exchange’s Acquisiton of Refinitiv, Subbject to Access Remedies: A (Likely) First in the Industry
On January 13, 2021, the Commission conditionally approved the acquisition by the London Stock Exchange Group (“LSEG”) of Refinitiv, following an in-depth Phase II investigation.[1] The decision likely marks the first-ever access commitment in a merger decision approved by the Commission in the financial sector.[2]