On June 2, 2019, the Inspection générale des finances and the Conseil général de l’économie published a report on the EU competition policy and industrial strategy (the “Report”). The Report was commissioned by the Ministry of Economy and Finance in December 2018 and aimed at assessing EU competition policy in the context of the 2019 European elections. The Report highlights the necessity to reshape the procedures and legal instruments used by the European Commission, in particular in merger control, to answer a number of criticisms raised by the French and German governments following the decision of the European Commission to prohibit the Alstom- Siemens merger on February 6, 2019.[1] The Report states that competition policy seems to be applied more strictly in Europe than elsewhere, including China, and that the European Union’s strategic and industrial interests should be given more consideration in competition decisions.
Travel Agents File Complaint Against Airline Trade Association
On May 24, 2019, the European Travel Agents’ and Tour Operators’ Associations (“ECTAA”) filed a complaint with the Commission against airline trade association IATA for alleged breaches of Articles 101 and 102 TFEU.
The General Court Rejects KPN’s Challenge to Vodafone/Liberty Global Joint Venture
On May 23, 2019, the General Court rejected KPN’s attempt to annul the Commission’s conditional approval of Vodafone’s and Liberty Global’s joint venture in the Netherlands.[1]
The TAR Lazio Annuls in Part an ICA Infringement Decision Finding an Alleged Abuse of Dominant Position in the Maritime Freight Transport Sector
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]