On November 6, 2019, the Commission published a public consultation seeking input on the amendment of the Horizontal Block Exemption Regulations (“Horizontal BERs”), which are set to expire on December 31, 2022, and of the Horizontal Guidelines.[1] Interested parties were given until February 12, 2020 to comment on the reform of these important instruments. The consultation is part of a wider Commission evaluation to determine whether the rules should be updated to better reflect the current economy and provide clearer guidance.
Joint Study on Algorithms by German and French Competition Authorities
On November 6, 2019, the FCO and the French Competition Authority (“ADLC”) presented a joint study on “Algorithms and Competition.”[1] The study focuses on algorithms used for dynamic price setting and their potential effects on competition, particularly in the form of collusion, and contains important insights for companies utilizing third- party algorithms.
The Commission Approves Vodafone’s Acquisition Of Liberty Global’s Cable Business Subject To Cable Access Remedies, A First In The Industry
On October 30, 2019, the Commission published its July 2019 decision to conditionally approve the acquisition by Vodafone of Liberty Global’s cable business in Germany, the Czech Republic, Hungary, and Romania, following an in-depth Phase II investigation.[1] The decision marks the first-ever cable access commitment approved by the Commission in the telecommunications sector.
The FCA Will Not Extend Most of the Commitments Undertaken by Altice Upon Acquiring SFR
On October 28, 2019, the FCA decided not to extend the five-year commitments undertaken by Altice upon acquiring SFR in 2014. Yet, the FCA maintained an injunction imposed on Altice in 2017 for co-deploying the fiber optic network with Bouygues Telecom.
The CAT Allows CityFibre and BT Intervention In CAT Appeal by TalkTalk and Vodafone
On 17 October 2019, the CAT allowed interventions by CityFibre and British Telecommunications (BT) in the appeal by TalkTalk Telecom
Working Group On Competition Law Discussed Changes To The European Vertical Block Exemption Regulation
On October 10, 2019, the Working Group on Competition Law held its annual meeting in Bonn. The FCO and more than 120 competition law experts discussed revisions to the European Vertical Block Exemption Regulation (“VBER”)[1] in light of the digital transformation of the economy.[2] In preparation for this meeting, the FCO had published a comprehensive background paper,[3] setting out the need for adaption and possible adjustments to the VBER to address online distribution and other challenges posed by the digital transformation of the economy.
FCJ Partially Quashes Judgement on Adblock Plus
CMA’s Increasing Enforcement Of Document Requests In Merger Review
There is a global trend of increasingly burdensome demands by competition authorities conducting merger review for the submission of merging parties’ internal documents, and the CMA is no exception. In recent months the CMA has also taken greater steps to enforce such requests, in particular by fining companies for failing to comply with formal requests for documents under Section 109 of the Enterprise Act 2002 (“Section 109 Notices”).
Copyright: The Tar Lazio Upholds an ICA Decision Against Società Italiana Degli Autori Ed Editori for Abuse of Dominance
On September 26, 2019, the Regional Administrative Court of Lazio (the “TAR Lazio”) rejected the appeal submitted by Società Italiana degli Autori ed Editori (“SIAE”) – the Italian copyright collecting society – against the 2018 decision by which the ICA imposed on the said undertaking a symbolic fine of €1,000 for abusing its dominant position in the market for the provision of copyright management services, in violation of Article 102 TFEU.[1]
French Competition Authority Launches Consultation on Revised Merger Guidelines
On September 16, 2019, the French competition authority (“FCA”) launched a two-month public consultation on revised merger guidelines (“the draft guidelines”), which constitutes the final step of the modernization and simplification of merger control the FCA had initiated in the fall of 2017. This overhaul of the FCA’s merger control guidelines aims to extend the scope of the simplified procedure, update the 2013 guidelines with recent case law and the FCA’s exchanges with the European Commission and other national competition authorities, while reorganizing the guidelines and enriching them with examples. The public consultation was open until November 16, 2019. The new guidelines are scheduled to be adopted before the end of the year.