On September 2, 2020, the German Federal Cartel Office (“FCO”) published its Annual Report 2019/2020 (“Annual Report”) which includes an update on the FCO’s activities in the first half of 2020.[1]
CMA Signs ‘Five Eyes’ Cooperation Framework With U.S., Canadian, Australian, and New Zealand Competition Authorities
On 2 September 2020, the US Department of Justice Antitrust Division (DoJ), the US Federal Trade Commission, the UK Competition and Markets Authority (CMA), the Australian Competition and Consumer Commission, the New Zealand Competition Commission, and the Canadian Competition Bureau signed a framework agreement to improve cooperation in competition investigations.
Update on DG COMP’s Response to the COVID-19 Pandemic
The COVID-19 pandemic has caused significant economic disruption, as a consequence of the prolonged and re-occurring shutdowns and the ongoing political and economic uncertainties.
Unwired Planet International Ltd and another v Huawei Technologies (UK) Co Ltd and another
2020, the UK Supreme Court issued its judgment in a standard-essential patent (SEP) dispute between Huawei and Unwired Planet (see full alert memorandum).
The FCO’s Narrow Price Parity Clause Investigation
In August 2020, the FCO published the results[1] of its investigation into the effect of narrow price parity clauses on online sales. Narrow price parity clauses restrict suppliers from offering their products or services at lower prices or more favorable conditions in certain sales channels. In contrast, wide price parity clauses restrict suppliers from offering their products or services at lower prices or with more favorable conditions anywhere else.
Monopolies Commission Biennial Report XXIII “Competition 2020”
On July 29, 2020, the Monopolies Commission published its Biennial Report XXIII. The Monopolies Commission makes three main recommendations to strengthen the German and European competition regimes.[1]
The French Competition Authority Publishes New Guidelines on Merger Control
On July 23, 2020, the FCA published its new guidelines on merger control[1] (the “Guidelines”), which came into effect on the same day and therefore replaced the previous guidelines issued in 2013.
Commission Adopts Guidance for National Courts When Handling Disclosure of Confidential Information in Private Cartels Follow-on Damages Litigation
Following a public consultation launched in July 2019,[1] the Commission adopted a guidance document[2] on the protection of confidential information in proceedings for the private enforcement of EU competition law based on the Antitrust Damages Directive (“ADD”).[3] The Confidentiality Guidance is intended for use by national courts to ensure consistency across Member States regarding access to and the protection of confidential information disclosed in private enforcement proceedings. The Communication is not binding and does not modify the rules applicable in different Member States, but rather outlines a number of measures and tools national courts may employ to help protect confidential information.
Phones4U Ltd (In Administration) v EE Ltd and others
On 17 July 2020, the High Court handed down a ruling on disclosure issues arising in the standalone competition damages case claim brought by Phones 4U Ltd’s (P4U) administrators against mobile network operators (MNOs) EE, Deutsche Telekom, Orange, Vodafone, and O2.
Commission Publishes 2019 Annual Activity Report
On July 9, 2020, the Commission published its annual report on competition policy, setting out the Commission’s main policy and legislative initiatives, as well as key decisions adopted in 2019.[1]