On September 23, 2020, the FCJ handed down its much anticipated first judgment in relation to damages claims resulting from the trucks cartel and provided helpful clarifications on some key questions regarding cartel follow-on damages actions.[1]
Court Denies Spanish NCA Status as “Court or Tribunal” for Making Preliminary References (Anesco)
On September 16, 2020, the Court of Justice ruled on the interpretation of the concept of “court or tribunal” within the meaning of Article 267 TFEU.[1] The Court of Justice held the reference for a preliminary ruling inadmissible, for lack of the referring Spanish competition authority (“CNMC”) constituting a “court or tribunal” for the purpose of Article 267 TFEU.
A Step Forward in the Journey ‘Towards More Effective EU Merger Control’?
On September 11, 2020, Commissioner Vestager during a speech at a conference[1] for the 30th anniversary of the EU Merger Regulation (“EUMR”),[2] outlined her vision on merger control policy for the upcoming years.[3] In anticipation of the Commission’s long awaited report on its 2016 consultation on the evaluation of procedural and jurisdictional aspects of EU merger control, Commissioner Vestager shed some light on the Commission’s position on (i) notification thresholds; (ii) the simplification of merger filing and review processes; and (iii) its reflections on the substance of merger review in certain sectors.
Block Exemption Troubleshooting: How E-commerce Is Reshaping EU Antitrust Policy on Distribution Agreements
For more than a decade, the Vertical Block Exemption Regulation (“VBER”)[1] and the accompanying Guidelines on Vertical Restraints (“Guidelines”)[2] have been the essential point of reference for the assessment of resale and distribution arrangements[3] under EU antitrust rules. With the VBER set to expire in 2022, the Commission in 2018 launched a review process to determine whether it should let the regulation lapse, prolong, or revise it.[4] After almost two years of evaluation, stakeholder feedback, public consultations and dialogues with national authorities, on September 9, 2020, the Commission published its report summarizing the outcomes of the evaluation.[5] The report provides a detailed overview of the VBER’s shortcomings and points of strength, and paves the way for the possible introduction of a revised regulation within the next two years.
Update on DG COMP’s Response to the COVID-19 Pandemic
The COVID-19 pandemic has caused significant economic disruption, as a consequence of the prolonged and re-occurring shutdowns and the ongoing political and economic uncertainties.
The Commission Approves Mastercard’s Acquisition of Nets’ Account-to-Account Payments Business Subject to Remedies
On August 17, 2020, the Commission conditionally approved Mastercard’s acquisition of Nets’ payment application division, following a Phase I review (“the Transaction”).[1] The Commission reviewed the Transaction following a referral by the Danish Competition and Consumer Authority, and ultimately identified competitive concerns in an EEA-wide market for account-to-account core infrastructure services (“A2A CIS”) in relation to managed solutions that required the transfer of the overlapping business to secure Phase I approval.
UPS/TNT: The General Court Awards UPS a Fraction of Its Requested Costs Arising From Its Successful 2017 Application for Annulment of the European Commission’s Prohibition Decision
The Commission Conditionally Approves Alstom’s Acquisition of Bombardier’s Rail Division
On July 31, 2020, the Commission conditionally approved Alstom’s acquisition of Bombardier’s rail transport division, following a Phase I investigation.[1] The Alstom/Bombardier merger is one of the first complex deals to be cleared during the COVID-19 pandemic.
Monopolies Commission Biennial Report XXIII “Competition 2020”
On July 29, 2020, the Monopolies Commission published its Biennial Report XXIII. The Monopolies Commission makes three main recommendations to strengthen the German and European competition regimes.[1]
Commission Adopts Guidance for National Courts When Handling Disclosure of Confidential Information in Private Cartels Follow-on Damages Litigation
Following a public consultation launched in July 2019,[1] the Commission adopted a guidance document[2] on the protection of confidential information in proceedings for the private enforcement of EU competition law based on the Antitrust Damages Directive (“ADD”).[3] The Confidentiality Guidance is intended for use by national courts to ensure consistency across Member States regarding access to and the protection of confidential information disclosed in private enforcement proceedings. The Communication is not binding and does not modify the rules applicable in different Member States, but rather outlines a number of measures and tools national courts may employ to help protect confidential information.