European Union

On July 29, 2024, the Court of Justice issued its preliminary ruling in case C-298/22 Banco BPN v. BIC Português and others.[1]  The Court confirmed that a “standalone” exchange of information between competitors – meaning that the information exchange in question constitutes the examined conduct in itself and is not ancillary to any other conduct – can be deemed a restriction of competition by object under Article 101 TFEU.  This ruling is important because it clarifies that information exchange can constitute a restriction by object, even if it is not linked to a wider anti-competitive practice and no actual market impact has been shown.[2]

On July 17, 2024, the General Court dismissed ByteDance Ltd (“ByteDance”)’s appeal against the Commission’s decision designating ByteDance as a “gatekeeper” under the Digital Markets Act (“DMA”).[1]  This marks the first judgment interpreting the DMA’s provisions and clarifying some of its intervention thresholds. The General Court’s ruling follows its earlier rejection of ByteDance’s application for interim measures.[2]

On July 4, 2024, the Court of Justice delivered its judgment in the Westfälische Drahtindustrie and Others v. Commission case,[1] addressing Westfälische Drahindustrie GmbH’s (“WDI”) challenge to the Commission’s request for interest payments on the fine imposed on WDI for its participation in a cartel in the prestressing steel sector. This judgment confirms that interest on fines levied by the Commission begins to accrue from the day indicated in the Commission’s decision, even if the EU courts later redetermine the amount of the fine.

On June 10, 2024, the German Federal Cartel Office (“FCO”) imposed fines of almost €16 million on AVM Computersysteme Vertriebs GmbH (“AVM”) and one of its staff representatives for vertical price fixing (so-called Resale Price Maintenance or “RPM”) with six electronics retailers.[1] 

U.S. based snacks company, Mondelēz, has been found to have engaged in 22 anti-competitive agreements or concerted practices by the Commission. The Commission also found that Mondelēz abused its dominant position in the market for the sale of certain types of chocolate bars in several countries.  After a three-year investigation during which Mondelez followed the cooperation process, they have agreed to settle the investigation, with the Commission announcing a €337.5 million fine for hindering cross-border trade of chocolates, biscuits, and coffee products between Member States, in violation of EU competition rules.