On February 26, 2021, the FCO closed its investigation of Deutsche Post AG’s (“Deutsche Post”) rebate scheme for addressed newspapers and magazines (“newspaper post”) after Deutsche Post adjusted its pricing policies.[1]
The Court of Justice Confirms Parallel Antitrust Investigations at European and National Level Are Possible if Different in Scope
On February 25, 2021, the Court of Justice held that the Commission and the Slovak competition authority did not infringe EU law when conducting two parallel investigations against Slovak Telekom.[1] Because the two investigations pertained to different product markets, regulators at the European and national level were entitled to proceed in parallel and eventually impose two distinct fines on Slovak Telekom.
Epic Games v. Apple and Epic Games v. Google
On 22 February 2021, the Competition Appeal Tribunal (CAT) ruled that Epic Games (Epic) could not pursue a claim against Apple in the UK. It allowed some aspects of a similar claim brought by Epic against Google to be heard in the UK on the ground that permission is not required to serve claims in the CAT against the Irish anchor defendants.
Dortmund Regional Court Aligns Principles for Jurisdiction With EU Law
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