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.
The Saga Continues: Commission Block Illumina/GRAIL In Landmark Decision
On September 6, 2022, the Commission prohibited the acquisition by Illumina, a U.S.-based company specializing in genomic sequencing, of GRAIL, a U.S.-based start-up developing early cancer detection tests based on genomic sequencing.[1] The decision marks the first Commission review and prohibition of a transaction falling below the EU Merger Regulation (“EUMR”) and national notification thresholds.
The Commission Publishes An External Study On Parity Clauses
On August 26, 2022, the Commission published the results of an external market study on the distribution practices of hotels in the EU, with a particular focus on parity clauses.[1] The study was conducted in 2021, after several years of close scrutiny by national competition authorities,[2] as well as the introduction of national legislation restricting the use of such clauses in several Member States.[3]
Commission Publishes The Infringement Decision In Video Games For Geo-Blocking
Commission Publishes The Infringement Decision In Video Games For Geo-Blocking
On August 23, 2022, the Commission published its full decision in Video Games, fining Valve (the owner of the online PC gaming platform Steam) and five PC video game publishers (Bandai Namco, Capcom, Focus Home, Koch Media, and ZeniMax) a total of €7.8 million for restricting cross-border sales of PC video games.[1] The Commission found that the agreement between Valve and the video game publishers, which prevented gamers from activating certain PC videogames purchased in eight Member States where prices are generally lower than in other Member States (so-called “geo-blocking”), breached Article 101 TFEU.
Antitrust Review Episode 2: Vestager’s Second Term in Review
In the second episode of Cleary Gottlieb’s Antitrust Review podcast, a panel of Cleary Gottlieb partners discuss the achievements to
Chambers Merger Control 2022 Global Practice Guide: UK
Cleary Gottlieb partners Nicholas Levy, Paul Gilbert, and Jackie Holland and associate Courtney Olden co-authored the “UK” chapter of the
Illumina/Grail: General Court Upholds EC’s Merger Referral Policy, Expanding EC Jurisdiction Over Non-reportable Transactions
In a significant judgment rendered on July 13, 2022 (“Judgment”), the EU’s General Court validated the position taken by the European Commission (“EC”) in a March 2021 Guidance Paper encouraging national competition authorities (“NCAs”) to use Article 22 of the EU Merger Regulation (“EUMR”) to refer transactions to the EC that do not meet national merger control thresholds, but which they believe may threaten to significantly affect competition within the EU.