On September 16, 2019, the TAR Lazio rejected the application for annulment filed by MP Silva S.r.l. (“MP Silva”) against an ICA decision that had denied the applicant access to the file in an Article 101 TFEU investigation.[1]
Vigorous Antitrust Enforcement Likely To Continue During Margrethe Vestager’s Second Term as Competition Commissioner
Margrethe Vestager has been re-appointed as Commissioner for Competition for a second term. If her appointment is approved by the European Parliament, as is expected, she would be in line for a combined 10-year term, which would make her the longest-serving Competition Commissioner. In addition to the competition portfolio, Ms. Vestager will also take on responsibility for the “a Europe fit for the digital age” agenda, and has been designated as one of the executive vice-presidents of the Commission.
General Court Upholds Poland’s Challenge To OPAL Pipeline Decision
On September 10, 2019, the General Court annulled a European Commission decision concerning the Ostseepipeline-Anbindungsleitung (“OPAL”) gas pipeline for breaching the principle of energy solidarity. The decision approved raising a cap on Gazprom’s use of the pipeline.
Roadmap For The Evaluation Of The Horizontal Block Exemption Regulations Open For Comments
Two Cycling Groups Call For Antitrust Probe Into Governing Body For Sports Cycling
In September 2019, cycling organizations Velon and the Italian Cycling League filed separate complaints with the Commission, alleging that the world governing body for sports cycling, Union Cycliste Internationale (“UCI”), breached EU competition law in its dual role of regulating and organizing cycling events.[1]
The Court of Justice in Tibor-trans Expands Forum Options for Cartels Damages Claimants
On July 29, 2019, the Court of Justice confirmed that the Hungarian courts had jurisdiction to rule on damages claims brought by Tibor-Trans Fuvarozó és Kereskedelmi Kft. (“Tibor-Trans”), a Hungarian logistics company, against DAF Trucks N.V. (“DAF”), one of the members of the EU-wide trucks cartel.[1] The Court of Justice clarified that cartel victims may claim damages in any Member State affected by a cartel, even where they had no direct contractual relationship with the cartelists.
Commission Fines Qualcomm €242 Million In Its First Predatory Pricing Decision In Almost Two Decades
On July 18, 2019, the Commission fined Qualcomm €242 million for abusing its dominance in the global market for broadband chipsets by selling below cost to “strategically important” customers, to force a competitor out of the market.[1] This is the first time in 16 years that the Commission has fined a company for predatory pricing after the Wanadoo decision of 2003.[2]
Vodafone Grants Telefonica Cable Access in Germany To Secure Clearance of Liberty Global Acquisitions
On July 18, 2019, the Commission conditionally approved Vodafone’s acquisition of Liberty Global’s cable networks business in Czech Republic, Hungary, Romania, and Germany, following a Phase II review.[1] This case is the latest in a wave of consolidation across the EEA’s telecommunications sector (such as Liberty Global/Ziggo, Vodafone/Liberty Global/Dutch JV, and Altice/PT Portugal).[2]
The Commission Is Investigating Amazon’s Use of Retailer Data
On July 17, 2019, the Commission announced the opening of a formal investigation into Amazon’s use of sensitive independent retailer data that may potentially breach Article 101/102 TFEU.[1]
The 2014 Ica Decision That Fined Novartis and Roche for an Anticompetitive Agreement Aimed at Creating an Artificial Differentiation Between Two Allegedly Equivalent Medicinal Products for the Treatment of Age-related Macular Degeneration, Is Upheld by a Final Ruling of the Council of State
On July 15, 2019, the Council of State rejected an appeal filed by F. Hoffmann-La Roche LTD and Roche S.p.A. (“Roche”), as well as Novartis Farma S.p.A. and Novartis AG (“Novartis”; jointly, the “Parties”) against a judgment issued in 2014 by the Regional Administrative Tribunal for Latium (the “TAR Lazio”).[1] As a consequence, the 2014 decision by which the ICA fined the Parties approximately €180 million overall for a violation of Article 101 TFEU (the “Decision”)[2] became final. According to the Decision, the Parties colluded with a view to creating an artificial differentiation between two medicinal products that were equivalent for the treatment of eye diseases, in order to increase sales of the more expensive one.