Background
The UK Competition and Markets Authority (CMA) and telecoms regulator (Ofcom) recently published a joint paper setting out their advice to the Department for Culture, Media and Sport (DCMS) on new rules for digital platforms’ use of publishers’ content.
In her second term as EU Competition Commissioner, Margrethe Vestager’s focus to date has been on securing approval for the
On June 20, 2022, the Commission opened a formal investigation into Vifor Pharma for the possible anticompetitive disparagement of a rival’s iron medicine.[1] Although the Commission launched a disparagement investigation last year,[2] this is the first time that it opens an investigation based exclusively on a disparagement theory of harm, and in relation to two originator products at that.[3]
On June 16, 2022, the Court of Justice set aside four judgments of the General Court and partially annulled the Commission’s decision in the Optical Disc Drives cartel case.[1]
On June 15, 2022, the General Court annulled the Commission’s decision and corresponding fine of €997 million in the Qualcomm case[1] due to procedural violations and a flawed substantive assessment. The General Court first found that the Commission had infringed Qualcomm’s rights of defense by failing to properly inform Qualcomm of meetings with third parties, and failing to hear Qualcomm on the consequences of substantial changes between the Statement of Objections (“SO”) and the final decision.
In October 2021, Commissioner Vestager announced that the Commission was planning a series of dawn raids.[1] Since then, there has been an uptake in the number of dawn raids conducted across the EU.
On June 1, 2022, the General Court heard arguments from Meta (previously Facebook) and the Commission in the case relating to Meta’s challenge of a Commission decision dated May 4, 2020, issued in the context of the Commission’s antitrust investigation into Facebook’s data- related practices.[1]
On May 12, 2022, the Commission announced that it will phase out the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak.
On April 27, 2022, the European Commission (the “Commission”) approved a State aid scheme of €700 million of the French State “to support research, development and innovation projects by companies of all sizes and active across all sectors”[1] (the “French Scheme” or the “Scheme”). The French authorities estimate the number of beneficiaries of the scheme to range between 11 and 50 companies.[2] The scheme will be in place until December 31, 2023.
The EU’s historic Digital Markets Act will bring about a paradigm shift in the regulation of digital markets, giving the