On April 30, 2020, the FCA dismissed Molotov’s complaint of alleged abuse of collective dominance, abuse of economic dependency and anticompetitive agreements against TF1 and M6.
The Commission Doubles Down on Digital Markets
On April 24, 2020, the Commission announced that it is seeking to design and implement specific ex ante[1] and remedy tools[2] for digital markets. This follows earlier efforts related to the creation of a single data market and the proposed European approach towards artificial intelligence unveiled in February 2020.[3]
ICA Notice on Cooperation Agreements Between Businesses in the COVID-19 Emergency
On April 22, 2020, the Italian Competition Authority (the “ICA”) issued a notice (the “Notice”) providing guidelines on the assessment of cooperation agreements in the context of the Covid-19 emergency.[1]
FCO Discontinues Proceedings Against Sky and DAZN
On April 15, 2020, the German Federal Cartel Office (“FCO”) discontinued its proceedings against pay TV broadcaster Sky Ltd. and online streaming service provider DAZN Group Ltd. (“DAZN”) over alleged collusion during the award of the German broadcasting rights to UEFA Champions League matches for the seasons 2018/2019 to 2020/2021 for discretionary reasons.[1]
The FCA Ordered Interim Measures on Google To Negotiate With Publishers and News Agencies for Displaying Their Contents in Search Results
On April 9, 2020, the French Competition Authority (the “FCA”) imposed interim measures on Google following three complaints lodged in mid-November 2019 by publishers unions Syndicat des éditeurs de la presse magazine and Alliance de la presse d’information générale and news agency Agence France Presse (the “Decision”). The FCA found that interim measures were necessary to prevent a potential abuse of dominance in the French market for general online search services.[1]
Granville Technology Group Limited (In Liquidation) And Others V Infineon Technologies AG and Others (Dram Cartels)
On 9 April 2020, the High Court handed down a ruling on costs following its preliminary issue judgment on limitation
The Commission Tests 1997 Market Definition Notice’s “Fit-for-Purpose”
On April 3, 2020, the Commission launched a public consultation to review the adequacy of the 1997 Market Definition Notice (the “Notice”), which sets out the Commission’s formal guidance on the definition of relevant product and geographic market.[1] This kicks off a six-week process to solicit opinions from anyone interested.
The European Commission Authorizes the French Government’s Measures To Face COVID-19
Since the beginning of the COVID-19 outbreak, the French Government has notified a series of measures to the European Commission on the basis of the Temporary Framework adopted by the European Commission in order to enable Member States to support their economy in this specific context.[1] Such measures were authorized by the Commission under Article 107(3)(b) TFEU, as listed below.[2] The Commission also authorized a tax deferral scheme directed at French airlines under Article 107(2)(b) TFEU “to make good the damage caused by natural disasters or exceptional circumstances”.
The Italian Supreme Court Rules on a Follow-on Action Regarding Telecom Italia’s Alleged Abuse on the Market for Wholesale Termination Services
On April 3, 2020, the Italian Supreme Court confirmed a judgment of the Milan Court of Appeal, which had upheld the damages claim of Brennercom S.p.A. (“Brennercom”) against Telecom Italia S.p.A. (“Tim”).[1]
The Italian Supreme Court Rules Again on Limitation Periods in an A357 Follow-on Action
On April 3, 2020, the Italian Supreme Court upheld the Milan Court of Appeal’s judgment that had dismissed the follow-on damages claim brought by Uno Communications S.p.A. (“Uno”) against Telecom Italia S.p.A. and TIM Italia S.p.A. (“Telecom”), concerning the conduct investigated and fined by the ICA in Case A537.[1]