On March 5, 2019, the Commission fined car safety equipment suppliers Autoliv and TRW €368 million for breaching Article 101 TFEU by taking part in two infringements consisting of an exchange of commercially sensitive information and illegal coordination in relation to the supply of car seatbelts, airbags, and steering wheels to Volkswagen and BMW.[1]
The Commission Sends its First Statement of Objects for an Alleged Breach of Merger Commitments
On July 2, 2014, the Commission conditionally cleared Telefónica Deutschland’s acquisition of E-plus, KPN’s German mobile telecommunications business, which combined the third and fourth largest mobile network operators in Germany. The acquisition was characterized as a 4-to-3 merger resulting in three mobile operators of a similar size.[1]
Amerra/Mubadala/Nireus/Selonda
Amerra and Mubadala acquired joint control over Greek aquaculture companies Andromeda, Nireus, and Selonda.
European Court of Human Rights Rules on the Admissibility of Hearsay Evidence in Cartels Cases
On February 14, 2019, the European Court of Human Rights (“ECtHR”) found in SA-Capital Oy v. Finland, that the Finnish Supreme Administrative Court had not violated SA-Capital’s right to a fair trial under Article 6 of the European Convention on Human Rights by partially relying on hearsay evidence in finding the existence and the scope of a cartel.[1] In particular, given the evidentiary complexity of cartel infringements, the ECtHR concluded that national competition authorities may use hearsay to the extent their findings do not solely depend on it.[2]
Commission Accepts TenneT’s Commitment to Increase the Maximum Capacity of the Electricity Interconnector Between Denmark and Germany
On February 14, 2019, the Commission published a decision, adopted on December 7, 2018,[1] accepting commitments offered by TenneT, an electricity transmission system operator (“TSO”), to remove restrictions on, and in the long term also to increase, the maximum capacity of the electricity interconnector between Germany and West Denmark (“the DE-DK1 interconnector”).
The General Court Orders the Commission To Pay Damages for Interest on a Paid, but Subsequently Annulled, Cartels Fine
On February 12, 2019, the General Court ordered the Commission to pay Printeos €0.18 million in interest on a previously paid cartel fine that was subsequently repealed by the General Court.[1]
Amcor/Benis
The Commission raised horizontal concerns regarding the parties’ activities in flexible packaging for food products and for medical use in the EEA. It concluded that Amcor and Bemis were the most significant players in flexible packaging for medical use.
Commission Prohibits Wieland’s Proposed Acquisition of Aurubis Rolled Copper Products and Schwermetall
On February 6, 2019—the same day the Siemens/Alstom decision was adopted—and again following a Phase II investigation, the Commission prohibited German rolled copper products manufacturer Wieland’s proposed acquisition of Aurubis’s rival business and of its 50% stake in the parties’ pre-rolled strip manufacturing joint-venture Schwermetall.[1]
Prohibition of Siemens/Alstom Triggers Debate About Far-reaching Changes to EU Merger Control
On February 6, 2019, the Commission[1] prohibited the then-proposed combination of Siemens AG’s (“Siemens”) mobility business and Alstom S.A. (“Alstom”) which put an end to the parties’ ambition of creating a European Champion in the rail industry.[2] The Financial Times called this Phase 2 investigation “one of the most important test cases for the commission since it assumed powers to vet EU mergers in 1989.”[3]
The ICA Fines Four Operators and a Facilitator for Collusive Behavior in the Waste Collection Sector
On January 30, 2019, the ICA found that four companies rigged a public tender for regional waste collection and disposal.[1] According to the ICA, the collusion was facilitated by the intervention of a third-party consulting firm, which encouraged and coordinated the parties’ collusive behavior. In line with EU precedent, the ICA imposed a fine also on the facilitator.[2]