On July 18, 2019, the Commission fined Qualcomm €242 million for abusing its dominance in the global market for broadband chipsets by selling below cost to “strategically important” customers, to force a competitor out of the market.[1] This is the first time in 16 years that the Commission has fined a company for predatory pricing after the Wanadoo decision of 2003.[2]
Vodafone Grants Telefonica Cable Access in Germany To Secure Clearance of Liberty Global Acquisitions
On July 18, 2019, the Commission conditionally approved Vodafone’s acquisition of Liberty Global’s cable networks business in Czech Republic, Hungary, Romania, and Germany, following a Phase II review.[1] This case is the latest in a wave of consolidation across the EEA’s telecommunications sector (such as Liberty Global/Ziggo, Vodafone/Liberty Global/Dutch JV, and Altice/PT Portugal).[2]
The Commission Is Investigating Amazon’s Use of Retailer Data
On July 17, 2019, the Commission announced the opening of a formal investigation into Amazon’s use of sensitive independent retailer data that may potentially breach Article 101/102 TFEU.[1]
Amazon Changes Business Terms Following FCO Investigation
On July 17, 2019, the FCO terminated its abuse proceedings into Amazon.com, Inc.’s (“Amazon”) German online marketplace, Amazon.de, after Amazon had committed to making several changes to its business terms towards sellers on its marketplace. The commitments apply not only to Amazon’s business terms in Germany, but also worldwide on all its marketplaces.[1]
Commission Publishes 2018 Annual Activity Report
On July 15, 2019, the Commission published its annual report on competition policy, setting out the Commission’s main policy and legislative initiatives, and key decisions adopted in 2018.
General Court Rejects Appeals In The Optical Disc Drive Cartels
On July 12, 2019, the General Court rejected five appeals against a 2015 Commission decision imposing a total fine of €116 million on five cartel participants for colluding to rig optical disc drive (“ODD”) procurement tenders organized by Dell and Hewlett-Packard (“HP”).[1] The judgment serves as a reminder of the discretion the Commission enjoys when imposing cartel fines, and the General Court’s tendency to defer to the Commission’s cartel policy.
The FCA Publishes Its 2018 Annual Report
The FCA published its 2018 annual report, which, this year, also provides an overview of the FCA’s policy and results over the last decade (see our article published in the April newsletter[1]).
European Champions Debate Continues
On July 4, 2019, France and Germany, joined by Poland, issued a joint call to modernize European competition rules (“Joint Statement”).[1] This follows the publication in February 2019 of a Franco-German Manifesto for a European industrial policy to foster the creation of European champions.[2] The Joint Statement scales back some of the Manifesto’s far-reaching ideas.
The ICA, the Italian Communications Authority and the Italian Data Protection Authority Issue a Set of Joint Guidelines and Policy Recommendations on Big Data
On July 2, 2019, the ICA, the Italian Communications Authority and the Italian Data Protection Authority (jointly, the “Authorities”) issued guidelines and policy recommendations on the digital sector, and specifically on Big Data (the “Guidelines”).[1]
New Guidelines on “Passing-on” of Overcharge and Disclosure of Confidential Information in Cartels Damages Claims
On July 1, 2019, following a one-year public consultation with national courts and other stakeholders, the Commission published new guidelines to assist national judges in estimating the “passing-on” of overcharge in cartel damages claims.[1] The guidelines are the latest step in efforts to develop a forum for antitrust damages litigation throughout Europe, given that these actions are, at present, typically confined to a small number of national jurisdictions (the U.K., the Netherlands, and Germany).