On April 17, 2019, the ICA found that 19 undertakings allegedly participated in a cartel that affected the outcome of the so-called “Facility Management 4” tender procedure, the biggest European public tender for the provision of cleaning and maintenance services for public offices ever to be launched in Italy (by Consip, the central purchasing agency owned by the Ministry for Economy and Finance).[1] The said tender was divided in 18 geographical lots and had a total value of approximately €2.7 billion.
The General Court Dismisses Qualcomm’s Challenge of a Commission Request for Information
On April 9, 2019, the General Court dismissed Qualcomm’s application for annulment of a Commission decision of March 31, 2017, requiring Qualcomm to provide information in the context of an antitrust probe.
Hearing Officer Rules That Statements Made by Former Commissioner Almunia Did Not Breach the Presumption of Innocence in Euribar Proceedings
On April 9, 2019, the Commission published the Final Report of the Hearing Officer on procedural issues relating to its 2016 decision in the Euribor case, in which it fined Crédit Agricole, HSBC and JPMorgan Chase a total of €485 million for participating in a cartel in euro interest rate derivatives.
The Commission Fines General Electric €52 Million For Providing Incorrect Information During Merger Review
On April 8, 2019, the Commission fined General Electric (“GE”) €52 million for providing incorrect information during its 2017 investigation of GE’s acquisition of Danish wind turbine blade manufacturer LM Wind Power Holdings A/S (“LM Wind”).
The Commission Issues a Statement of Objections Over Geo-Blocking Arrangements for Video Games
On April 5, 2019, the Commission sent a Statement of Objections (“SO”) to Valve, the owner of the video game distribution platform Steam, as well as five video game publishers[1] whose video games are distributed by Valve. The SO sets out the Commission’s concerns that the companies have prevented customers from purchasing PC video games online from sellers in certain Member States in Central and Eastern Europe[2] where prices are lower (so-called “geo-blocking”).
The Commission Issues a Statement of Objections to BMW, Daimler, and Volkswagen for Colluding To Equip Vehicles With Inferior Emissions Control Equipment
On April 5, 2019, the Commission issued a Statement of Objections (“SO”) to BMW, Daimler, and Volkswagen (“VW”) alleging that the car manufacturers conspired to halter the development of clean emissions technology for passenger cars running on petrol and diesel.[1]
The Court of Justice Clarifies the Prohibition of Double Jeopardy in Competition Law Cases
On April 3, 2019, the Court of Justice ruled that a national competition authority can in a single decision fine a company for infringing both EU and national competition law, without infringing the principle of ne bis in idem (double jeopardy).[1]
The General Court Rejects Application to Block Disclosure of Cartels Settlement Submissions To Interested Third Parties Following Ethanol Benchmark Case
Nike: The Commission Continues Fight Against Territorial and Online Sales Restrictions in Licensing and Distribution Agreements
Background
On March 25, 2019, the Commission fined Nike €12.5 million for breaching Article 101 TFEU by imposing restrictions on cross-border and online sales of football merchandising products within the EEA.[1] The Commission granted Nike a 40% fine reduction in return for its cooperation.
The Hearing Officer for Competition Proceedings Publishes the Activity Report for 2017-2018
On March 22, 2019, the European Commission’s Hearing Officer published his Activity Report for 2017-2018.[1] The Report provides key statistics on the Hearing Officer’s activity as well as a useful summary of case law on various procedural issues.