On March 20, 2019, the Commission fined Google €1.49 billion for breaching Article 102 TFEU by imposing restrictive clauses in contracts with owners of third-party publisher websites, such as newspapers, blogs, or travel site aggregators.
Commission Launches New Online eLeniency Tool
On March 19, 2019, the Commission introduced eLeniency, a new online tool for submitting documents and corporate statements in the
The Commission Publishes a Paper on EU Industrial Policy After Siemens/Alstom
In a March 18, 2019 paper entitled “EU industrial policy after Siemens/Alstom: Finding a New Balance Between Openness and Protection,” the Commission’s think tank, the European Political Strategy Centre, responds to the “significant backlash against EU competition policy” stemming from its prohibition of the Siemens/Alstom merger in February (reported in the EU Competition Law Newsletter of February 2019).[1]
Spotify Alleges Abuse of Dominance by Apple
On March 13, 2019, Spotify filed a complaint against Apple with the European Commission, alleging a breach of Article 102 TFEU. The complaint touches on many of the issues surrounding digital platforms that have been a key focus for the Commission in recent years. In particular, there are parallels with the allegations in Google Shopping, that Google abused its platform dominance in general search to benefit its comparison shopping service.
The Commission Accepts Commitments by Disney, Nbcuniversal, Sony Pictures, Warner Bros., and Sky in Its Pay-TV Investigation
On March 7, 2019, the Commission accepted the commitments offered by Disney, NBCUniversal, Sony Pictures, Warner Bros., and Sky in the pay-TV investigation.[1] The Commission’s concerns related to alleged restrictions on the cross- border sale of pay-TV services in film licensing agreements between the studios and Sky UK.[2] Paramount, also part of the investigation, had already offered commitments to address the Commission’s concerns in April 2016, which the Commission accepted in July 2016.[3]
10th Anniversary of the French Competition Authority – Results and Prospects
On March 5, 2019, the French Competition Authority celebrated its 10 years of existence. The President of the Competition Authority listed her priorities for the coming years, which include the retail sector and purchasing alliances, digital economy, “predatory” acquisitions and reflection on ex post control, as well as the labour market and labour collective agreements.
FCO Ends Probe Into Organization and Marketing of Olympic Games With Commitment Decision
On February 25, 2019, the FCO concluded its abuse of dominance investigation against the German National Olympic Committee (Deutscher Olympischer Sportbund, “DOSB”) and the International Olympic Committee (“IOC”) with a commitment decision.[1] The FCO had launched its investigation in 2017, following a complaint by the German Association of the Sporting Goods Industry (Bundesverband der Sportartikel-Industrie).
The Commission Sends its First Statement of Objects for an Alleged Breach of Merger Commitments
On July 2, 2014, the Commission conditionally cleared Telefónica Deutschland’s acquisition of E-plus, KPN’s German mobile telecommunications business, which combined the third and fourth largest mobile network operators in Germany. The acquisition was characterized as a 4-to-3 merger resulting in three mobile operators of a similar size.[1]
European Court of Human Rights Rules on the Admissibility of Hearsay Evidence in Cartels Cases
On February 14, 2019, the European Court of Human Rights (“ECtHR”) found in SA-Capital Oy v. Finland, that the Finnish Supreme Administrative Court had not violated SA-Capital’s right to a fair trial under Article 6 of the European Convention on Human Rights by partially relying on hearsay evidence in finding the existence and the scope of a cartel.[1] In particular, given the evidentiary complexity of cartel infringements, the ECtHR concluded that national competition authorities may use hearsay to the extent their findings do not solely depend on it.[2]
FCO Orders Facebook To Change Its Data Collection Practices
On February 6, 2019, the German Federal Cartel Office (“FCO”) prohibited Facebook’s practice of collecting and processing user data from Facebook’s own services as well as from third-party services without users’ freely given consent.[1] After an investigation of nearly three-years, the FCO found that this practice amounted to an exploitative abuse of a dominant position. For the first time, the FCO considered compliance with data protection rules in its abuse of dominance analysis.