On May 22, 2019, the Regional Administrative Court for Latium (the “TAR”) accepted in part the application for annulment of an ICA decision addressed to maritime carriers Moby and CIN, finding a violation of Article 102 TFEU (the “Decision”).[1]
The Commission and the Belgian Competition Authority Simulataneously Raid French and Belgian Grocery Retailers
On May 20, 2019, the Commission carried out dawn raids at the premises of two grocery retailers in France, Casino and Intermarché-Les Mousquetaires.[1] On the same day, the Belgian Competition Authority raided Carrefour and Provera, a joint purchasing venture of grocery retailers Cora, Match, and Louis Delhaize. Although the two series of dawn raids occurred simultaneously, the Commission’s press release leaves open whether the raids were coordinated.
The French Conseil Constitutionnel Invalidates the Provisions of the PACTE Law Empowering the Government to Transpose the ECN+ Directive Into French Law
On May 16, 2019, the French Conseil constitutionnel validated most of the provisions of the law on business growth and transformation (“loi relative à la croissance et la transformation des entreprises” or “PACTE law”), but deemed that the provisions relating to the transposition of the ECN+ directive into French law violated the Constitution.
The Commission Fines Five Banks Over €1 Billion for Participating in Two Foreign Exchange Spot Trading Cartels
On May 16, 2019,[1] the Commission announced that it had adopted two settlement decisions implicating a total of six banks and confirming their participation in two separate foreign exchange spot trading cartels in breach of Article 101 TFEU.
The General Court Dismisses Recylex’s Appeal Against Buyer Cartels Fine
On May 14, 2019, the General Court dismissed Recylex’s application for annulment of a Commission decision that imposed a fine on Recylex for its participation in a buyer cartel in the battery recycling sector.[1]
Commission Opens Investigation Into Data Sharing by Irish Industry Association
On May 14, 2019, the Commission announced the opening of an investigation into Insurance Ireland, an industry association of Irish insurers that includes Allianz, Hertz, Liberty, AIG, and AXA. Insurance Ireland is suspected of impeding prospective members’ access to its “Insurance Link” data pool.[1]
The Commission Fines Ab Inbev €200 Million for Abusing Its Dominance on the Belgian Beer Market by Restricting Cross-border Sales
On May 13, 2019, the Commission fined AB InBev €200 million for abusing its dominant position on the Belgian beer market by restricting the ability of Belgian customers to purchase cheaper products from the neighboring Netherlands between February 9, 2009, and October 31, 2016.[1] The Commission’s investigation commenced on June 30, 2016, just a month after it had concluded an in-depth examination of several EU beer markets, including Belgium, in its merger review of AB InBev/SABMiller (“SABMiller Decision”).[2]
Lucchini Fails to “Free-ride” on Other Cartels Participants’ Successful Appeals
On May 8, 2019, the General Court held that cartel participants that do not appeal a Commission infringement decision cannot seek reimbursement of fines paid where that decision is annulled in proceedings to which they were not a party.[1]
Advocate General Tanchey Recommends Dismissing the Commission’s Appeal in Icap
On May 2, 2019, Advocate General Tanchev (“AG Tanchev”) recommended dismissing the Commission’s appeal against the General Court’s ruling in Icap.[1] According to AG Tanchev, the General Court was correct in holding that the Commission’s decision provided insufficient reasoning as regards the determination of the fines imposed on Icap.
The Commission Accepts Visa and Mastercard Commitments That End Decade-long Antitrust Row About Multi-lateral Interchange Fees
Following the Commission’s market test of Visa’s and Mastercard’s commitments offered on April 29, 2019, as reported in our December 2018 newsletter, the Commission accepted the companies’ commitments to cap their inter-regional multi-lateral interchange fees (“MIFs”).[1] The commitments put an end to the first publically reported probe into inter-regional MIFs by any antitrust authority worldwide, which was opened by the Commission in 2013.