In a three-day session culminating on St Valentine’s day, the General Court of the European Union (the “General Court”) heard Google LLC’s (“Google”) and the European Commission’s (the “Commission”) arguments in the Google Shopping case.[1] In 2017, the Commission adopted a decision (the “Decision”) fining Google a record-breaking €2.42 billion for abuse of dominance by positioning and displaying its own comparison shopping service (“CSS”),[2] Google Shopping, more favorably in its general search result pages compared to rival CSSs.[3]
ICA Publishes Final Report on Big Data Sector Inquiry
On February 10, 2020, the Italian Competition Authority (the “ICA”) published its final report in the big data sector inquiry carried out jointly with the Italian Data Protection Authority (the “IDPA”) and the Italian Communications and Media Authority (the “ICMA”).[1]
FCO Has No Objections to Agricultural Online Trading Platform
On February 5, 2020, the FCO announced that it has no competitive concerns regarding the launch of the agricultural online trading platform operated by unamera GmbH (“Unamera”).[1] The FCO pointed out that while digital platforms can make trading much more efficient, it must be ensured that they must not restrict competition: Digital platforms must not be subject to price-fixing agreements, they must be non-discriminatory and there must not be excessive transparency.
NBC Universal Completes the Commission’s Investigations Against Vertical Restraints in the Merchandising Sector
On January 30, 2020, the Commission fined NBCUniversal and other companies belonging to the Comcast Corporation €14.3 million for breaching Article 101 TFEU by imposing territorial restrictions on cross-border and online sales of movie merchandising products within the EEA.[1] The Commission granted NBCUniversal a 30% fine reduction on account of its cooperation.
The Cour de Cassation Issues Two Judgments Relating to the Business Secret Protection in the FCA’s Proceedings
On January 29, 2020, the Cour de Cassation issued two judgments relating to decisions from the FCA’s Rapporteur Général to waive the protection of business secrets granted to a party in proceedings before the FCA. In the first judgment, the Cour de Cassation held that the Rapporteur Général must provide concrete reasons in order to waive the protection of business secrets granted to a party in proceedings involving other parties. Conversely, in the second judgment, the proceedings did not involve any other parties, and the Cour de Cassation upheld the Rapporteur Général’s decision to waive the protection of business secrets initially granted to a party. The Cour de Cassation considered that the Rapporteur Général’s decision would not risk exposing that party’s business secrets to any third parties.
The FCA Publishes an Antitrust Practical Guide for SMEs
In February 2020, the FCA published a practical guide on the application of antitrust rules to small and medium-sized enterprises. The FCA published this guide with the knowledge that SMEs often lack the resources to be fully aware of and comply with antitrust rules.
The ICA Imposes a €228 Million Fine for an Alleged Cartels Between Telecom Operators With Regard to the Switch From 28-Day to Monthly Billing
On January 28, 2020, the Italian Competition Authority (the “ICA”) issued a decision finding that four telecom operators, namely Fastweb S.p.A. (“Fastweb”), Telecom Italia S.p.A. (“TIM” or “Telecom”), Vodafone Italia S.p.A. (“Vodafone”) and Wind Tre S.p.A. (“Wind Tre”) (together, the “Operators”), participated in a cartel aimed at coordinating their commercial strategies, with a view to keeping prices high during the transition from four-week (28 days) billing to monthly billing (so-called repricing), thus impeding competition and limiting the risk of customers migrating to other competitors.[1]
German Government Proposes Significant Reform of Competition Law
On January 24, 2020, the German Ministry for Economic Affairs published a draft proposal for the 10th Amendment to the German Act against Restraints of Competition (“Draft Proposal”). Its main objectives are (i) to enable and strengthen the protection of competition in digital markets, (ii) to make German competition law and its enforcement more efficient in general, and (iii) to implement the ECN+ Directive[1].
The FCA Issues a Study on Behavioral Remedies
In January 2020, the FCA published its study on behavioral remedies in merger control and anticompetitive practices.[1] The study takes stock of the FCA’s decisional practice on behavioral remedies and provides material for broader discussion amongst competition law practitioners and academics.
FCA Dismissed Abuse of Dominance Allegations Against TDF in Relation to the Acquisition of Itas
On January 16, 2020, the FCA dismissed a complaint by French terrestrial digital television broadcaster towerCast which alleged that its competitor TDF’s acquisition of Itas,[1] constituted an abuse of dominance on the wholesale markets for digital terrestrial television broadcasting services (the “Decision”).