On November 12, 2019, the Commission cleared the proposed acquisition of Bonnier Broadcasting Holding AB, a TV broadcasting company primarily active in Sweden and Finland, by Telia Company AB, a telecommunications operator in the Nordic region.[1]
The General Court Dismisses Campine’s Appeal Against Buyer-cartels Fine
On November 7, 2019, the General Court dismissed an appeal brought by Campine against an €8.16 million fine imposed by the Commission for its participation in the battery recycling purchasing cartel.[1] Campine sought annulment of the fine, and challenged in particular the 10% increase in the fine that the Commission imposed on account of it being a purchasing cartel.
Commission Opens Public Consultation On The Horizontal Block Exemption Regulations
On November 6, 2019, the Commission published a public consultation seeking input on the amendment of the Horizontal Block Exemption Regulations (“Horizontal BERs”), which are set to expire on December 31, 2022, and of the Horizontal Guidelines.[1] Interested parties were given until February 12, 2020 to comment on the reform of these important instruments. The consultation is part of a wider Commission evaluation to determine whether the rules should be updated to better reflect the current economy and provide clearer guidance.
Commission Investigates Retail Grocery Sector In France
On November 3, 2019, the Commission opened a formal investigation of potential anticompetitive coordination between two French supermarket chains, Casino and Intermarché. The Commission suspects that the parties’ 2014 joint purchasing alliance, Intermarché-Casino Achats, might have led to them colluding in certain downstream markets, in particular on the development of shop networks and consumer pricing.[1] The Commission’s decision to open an investigation follows the dawn raids that it carried out in May 2019 in cooperation with the French Competition Authority, as reported in our May EU Competition Law Newsletter.
The Court Of Justice Issues Judgments In Four Power Cables Cases
In November 2019, the Court of Justice issued judgments in four cases arising out of the Commission’s 2014 decision in Power Cables. In the decision, the Commission found several European, Japanese, and Korean high-voltage power cables producers to have engaged in a cartel and imposed fines totaling €302 million.[1] The scope of the infringement included both the power cables and their accessories. Most of the addressees challenged the decision in the General Court, in each case unsuccessfully, and subsequently in the Court of Justice. This month, the Court of Justice rendered judgments on the appeals filed by ABB Ltd and ABB AB (“ABB”), Silec, Brugg Kabel, and LS Cable, partially upholding ABB’s appeal while dismissing the other three appeals.[2]
The Commission Approves Vodafone’s Acquisition Of Liberty Global’s Cable Business Subject To Cable Access Remedies, A First In The Industry
On October 30, 2019, the Commission published its July 2019 decision to conditionally approve the acquisition by Vodafone of Liberty Global’s cable business in Germany, the Czech Republic, Hungary, and Romania, following an in-depth Phase II investigation.[1] The decision marks the first-ever cable access commitment approved by the Commission in the telecommunications sector.
The Commission Publishes Its Decision To Fine Canon For Gun-Jumping
On October 22, 2019, the Commission published its decision to fine Canon a total of €28 million for failure to file its acquisition of Toshiba Medical Systems Corporation (“TMSC”).[1] Canon acquired TMSC via a warehousing arrangement, which involved a special purpose vehicle (“SPV”) that held most of TMSC’s shares pending merger control approval.
The Court of Justice Upholds Dismissal Of Alcogroup’s Appeal Concerning Access To Legally Privileged Documents During A Dawn Raid
On October 17, 2019, the Court of Justice upheld the General Court’s judgment of April 10, 2018, dismissing ethanol producer Alcogroup’s appeal against a Commission decision to carry out a dawn raid during which the Commission allegedly read potentially legally privileged documents.[1] According to the Court of Justice, irregularities during a dawn raid may only result in the annulment of subsequent Commission decisions and not the prior decision authorizing the dawn raid in question. This judgment highlights the need for legal counsel to closely monitor dawn raids, to ensure that Commission officials do not read or seize legally privileged documents.
Working Group On Competition Law Discussed Changes To The European Vertical Block Exemption Regulation
On October 10, 2019, the Working Group on Competition Law held its annual meeting in Bonn. The FCO and more than 120 competition law experts discussed revisions to the European Vertical Block Exemption Regulation (“VBER”)[1] in light of the digital transformation of the economy.[2] In preparation for this meeting, the FCO had published a comprehensive background paper,[3] setting out the need for adaption and possible adjustments to the VBER to address online distribution and other challenges posed by the digital transformation of the economy.
The Commission Unconditionally Approves BM’s Acquisition Of Celgene
On October 10, 2019, the Commission published its decision of July 29, 2019, to unconditionally approve Bristol-Myers Squibb Company’s (“BMS”) acquisition of Celgene Corporation (“Celgene”) following a Phase I review.[1] BMS and Celgene are global pharmaceutical companies.