On January 14, 2021, the Court of Justice held that a bid-rigging infringement[1] ends when the essential characteristics of the tender contract, in particular the amount to be paid for the works that are the subject of the tender contract, have been definitively agreed.[2] This is the moment when the successful bidder and the contracting authority conclude the tender contract, regardless of whether the payment instalments are made, or the works are completed, after this date.
The Commission Approves London Stock Exchange’s Acquisiton of Refinitiv, Subbject to Access Remedies: A (Likely) First in the Industry
On January 13, 2021, the Commission conditionally approved the acquisition by the London Stock Exchange Group (“LSEG”) of Refinitiv, following an in-depth Phase II investigation.[1] The decision likely marks the first-ever access commitment in a merger decision approved by the Commission in the financial sector.[2]
The Commission’s Initiative on Shielding Collective Bargaining From Antitrust Scrutiny
On January 6, 2021, the Commission published an inception impact assessment[1] on its latest policy initiative: allowing for more collective bargaining under EU antitrust rules to improve working conditions for self-employed individuals, in particular in relation to digital platform workers (e.g., food delivery services).
The Court of Milan Rejects a Request for an Expert’s Preliminary Assessment of Damages Based on the 2017 Google Search (Shopping) Decision of the European Commission
On January 4, 2021, the Tribunale di Milano (the “Court of Milan”) rejected a request for an expert’s preliminary assessment of damages in a civil action brought by 7 Pixel s.r.l. (“7 Pixel”) against Google LLC (“Google”, together with 7 Pixel, the “Parties”).[1] The Court of Milan rejected Pixel’s attempt to use a swift settlement-like procedure on the basis of Article 696-bis of the Italian Code of Civil Procedure, which allows the judge to order an expert’s report providing an upfront assessment of the damages.
The General Court Rules on Circumstances in Which Sports Organizations May Restrict Participation in Third-party Events
On December 16, 2020, the General Court partially annulled the Commission’s decision in the International Skating Union’s Eligibility rules case.[1] The General Court upheld the Commission’s finding that the International Skating Union’s (“ISU”) eligibility rules (“Eligibility Rules”), which prescribed severe penalties on participants of third-party events not authorized by the ISU, were in breach of Article 101 TFEU.
Digital Markets: The Commission Publishes Draft Online Platforms Regulations
On December 15, 2020, the Commission published its proposal for the Digital Markets Act (“DMA”),[1] which would impose a list of ex ante obligations on designated large online platforms that meet certain thresholds. The proposed DMA aims at preventing practices by large online platforms that, according to the Commission, either fall outside or cannot be effectively addressed by the existing EU competition rules. The DMA would represent a far-reaching expansion of the Commission’s regulatory powers in digital markets, and would significantly increase the regulatory burden on the designated companies.
The Commission Publishes Report on the Implementation of the Damages Directive
The Court of Justice Annuls Commission Decision That Accepted Paramount Commitments on Cross-border Pay-TV Restrictions
On December 9, 2020, the Court of Justice annulled the Commission’s decision that accepted Paramount’s commitments to remove from its licensing agreements with broadcasters any obligation that prevents broadcasters from responding to cross-border requests for pay-TV subscriptions (the “Commitments Decision”).[1] The Court of Justice concluded that the Commitments Decision breached the principle of proportionality because it negated contractual rights of Canal+ and other counterparties to Paramount’s licensing agreements who were not involved in the Commission’s proceedings.
The French Competition Authority Rejected Travel Agencies’ Complaint Against Several Airlines for Failing to Refund Cancelled Flights Amidst COVID-19 Crisis
On December 8, 2020, the FCA dismissed a complaint by French travel cooperative CEDIV on behalf of 55 member travel agencies against several airlines which denied travellers refunds for their flights, cancelled due to the COVID-19 pandemic (the “Decision”).[1]
Proposals for Reform of Competition Law Policy: Proposed Revision of the Commission’s Market Definition Guidance
Over the past several months, there have been a number of statements by politicians and Member State governments regarding the reform of EU competition law. Much of this debate is fundamentally linked to how authorities should define the relevant product and geographic markets that guide their antitrust and merger investigations.