On October 12, 2022, the Digital Markets Act (DMA) was published in the Official Journal of the European Union. This is the last step in the almost two-year long journey since the publication of the Commission’s initial proposal in December 2020.[1]
Towercast: Advocate General Kokott Proposes To Add Article 102 TFEU To the Transactional Toolbox
On October 13, 2022, Advocate General Kokott delivered her opinion on a preliminary reference from the Paris Court of Appeal in the Towercast case, stating that transactions that escape EU and national merger control review are susceptible to review under Article 102 TFEU.[1]
Statement of Objects Sent To Teva – The Commission Doubles Down On Novel Theories Of Harm
On October 10, 2022, the Commission sent a Statement of Objections (“SO”) to Teva, maintaining that the company abused its alleged dominant position through patent misuse and disparagement practices.[1]
Antitrust Review Episode 4: In Conversation With Professor Eleanor M. Fox
In the fourth episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews Professor Eleanor M. Fox, who for
The Commission’s Revised Informal Guidance Notice: In Search of A Win-Win?
On October 3, 2022, the Commission adopted a Revised Informal Guidance Notice on the application of Articles 101 and 102 TFEU to novel or unresolved competition law questions.[1] The Revised Informal Guidance Notice gives the Commission more flexibility in issuing informal advice compared to the 2004 guidance.[2]
Advocate General Rantos Indicates That Competition Authorities Can Take Into Account Compliance With the GDPR in Their Assessment of Competition Law Infringements
On September 20, 2022, Advocate General Rantos delivered his opinion on the Higher Regional Court of Düsseldorf (the “Düsseldorf Court”)’s request for a preliminary ruling concerning the decision of the Bundeskartellamt (German Federal Cartel Office, “FCO”) which had found that Meta Platforms (“Meta”, formerly Facebook Inc.) abused its dominant position in relation to the collection, processing, aggregation and use of personal data of its users in 2019.[1] The Advocate General concluded that a competition authority may examine, as an incidental question, the compliance of the practices under investigation with the General Data Protection Regulation (“GDPR”) rules, while informing and, where appropriate, consulting the competent supervisory authority on the basis of the GDPR.[2]
Antitrust Review Episode 3: In Conversation with John Fingleton CBE
In the third episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews John Fingleton CBE, former head of
The Commission Improves The Position Of Certain Collective Agreements By Solo Self-Employed People
On September 29, 2022, the Commission adopted its Guidelines on the application of Union competition law to collective agreements regarding the working conditions of solo self-employed persons (“Guidelines”).[1] The Guidelines represent a part of a bigger push by the Commission to improve working conditions in platform work in the EU.[2]
Illumina/GRAIL: EC Blocks Transaction Below EU and Referring Member State Merger Control Thresholds for the First Time
In a landmark decision announced on September 6, 2022 (“Decision”), the European Commission (“EC”) prohibited the acquisition by Illumina, a U.S. company specialising in genomic sequencing, of GRAIL, a U.S.-based start-up developing early cancer-detection tests (“Transaction”).[1]
The General Court Partially Annuls The Commission Decision In Google Android
On September 14, 2022, the General Court partially annulled the Commission’s 2018 infringement decision which fined Google €4.3 billion for abusing its dominant position by imposing restrictions on Android device manufactures (“OEMs”) and mobile network operators (“MNOs”).[1] The General Court also found that the Commission’s investigation suffered from procedural errors and reduced the fine by €200 million.