On October 25, 2022, the Commission published additional guidance on its Leniency Policy in the form of Frequently Asked Questions (“FAQs”) to further encourage companies to seek immunity or leniency from cartel fines.[1]
Advocate General Sides with Commission in its Appeal of General Court’s Overturning of Three/O2 Prohibition
Non-binding opinion finds that General Court erred in applying heightened standard of proof to cases involving unilateral effects in oligopolistic markets.
General Court Partially Annuls European Commission Decision in Google Android
In September 2022, the General Court partially annulled the European Commission’s 2018 Google Android decision, which fined Google €4.3 billion for abuses of dominance relating to apps it offers for its Android mobile operating system (“OS”).[1] The Court also found that the Commission’s investigation suffered from procedural errors. It reduced the fine by €200 million.
CK Telecoms: Advocate General Kokott’s (Re)-Balancing Of Probabilities Test
On October 20, 2022, Advocate General Kokott issued her opinion on the Commission’s appeal of the General Court’s landmark May 2020 judgment overturning the Commission’s prohibition of the Three/O2 UK mobile telecommunications merger.[1] The Opinion advises the Court of Justice to uphold the Commission’s appeal on all main grounds and refer the case back to the General Court for reconsideration.
EU Digital Markets Act Published in the EU’s Official Journal
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]