On May 5, 2020, the Federal Court of Justice (“FCJ”)[1] granted Sisvel International S.A (“Sisvel”) an injunction against the Chinese mobile phone manufacturer Haier Group Corporation (“Haier”) to stop infringing one of Sisvel’s standard essential patents (“SEP”). In its first application of the Court of Justice of the European Union (“CJEU”) Huawei/ZTE judgment,[2] the FCJ clarified the requirement of the patent user’s willingness to license.
FCO Clears Acquisition of Vossloh Locomotives by CRRC Zhuzou Locomotives
On April 27, 2020, after an in-depth review, the FCO cleared the acquisition of Vossloh Locomotives GmbH Kiel (“Vossloh”) by CRRC Zhuzhou Locomotives Co., Ltd. (“CRRC”).[1] German shunter manufacturer Vossloh is the market leader in Europe with a market share of 40 to 50 percent. CRRC is a state-owned Chinese company and the world’s largest manufacturer of rolling stock, selling its products predominantly in China.
FCO Discontinues Proceedings Against Sky and DAZN
On April 15, 2020, the German Federal Cartel Office (“FCO”) discontinued its proceedings against pay TV broadcaster Sky Ltd. and online streaming service provider DAZN Group Ltd. (“DAZN”) over alleged collusion during the award of the German broadcasting rights to UEFA Champions League matches for the seasons 2018/2019 to 2020/2021 for discretionary reasons.[1]
FCJ Confirms That German Model T&Cs for Online Banking Were Anticompetitive
On April 7, 2020, the FCJ confirmed a FCO decision finding some of the German Banking Industry Committee’s (Deutsche Kreditwirtschaft, “GBIC”) model T&Cs for online banking to be anticompetitive.[1]
FCO Fines Technical Building Services Providers for Collusive Tendering
On March 27, 2020, the FCO announced that already in December 2019 it had concluded its proceedings against 11 providers of technical building services.[1] The FCO imposed fines totaling approximately €110 million for collusion in tenders for large building projects.
FCO Approves DFL Tender Model for Bundesliga Media Rights
On March 20, 2020, the FCO approved the German Football League’s (DFL Deutsche Fußball Liga, “DFL”) model to tender media rights for first and second-division Bundesliga matches for the seasons 2021/22 to 2024/25.[1] To address the FCO’s concern, the DFL had offered various commitments, including a so-called “no single buyer” rule.
FCO Conditionally Clears CinemaxX/ Cinestar Merger
On March 2, 2020, after an in-depth investigation, the FCO approved cinema operator Vue Nederland B.V. (“Vue Group”)’s acquisition of its competitor Edge Investments B.V., 2015 First Holding GmbH, and Greater Union International GmbH. [1] The approval is subject to the divestment of cinemas in six regions. The Vue Group operates 31 cinemas in Germany, 30 under the brand “CinemaxX”. The targets operate 53 cinemas in Germany, 51 under the brand “Cinestar”.
Munich District Court Dismisses €900 Million Claim Against Truck Cartels
On February 7, 2020, the Munich District Court dismissed financialright claims GmbH’s (“financialright”) claim of approx. €900 million against members of the truck cartel.[1] The judges squashed litigation vehicle financialright’s business model tailored to pursue a U.S. style class action in Germany, ruling that it lacked standing. Upon appeal, the Munich Court of Appeal is called to decide.
FCO Has No Objections to Agricultural Online Trading Platform
On February 5, 2020, the FCO announced that it has no competitive concerns regarding the launch of the agricultural online trading platform operated by unamera GmbH (“Unamera”).[1] The FCO pointed out that while digital platforms can make trading much more efficient, it must be ensured that they must not restrict competition: Digital platforms must not be subject to price-fixing agreements, they must be non-discriminatory and there must not be excessive transparency.
The FCJ Has Once Again Set the Scene for Cartels Damages Actions
On January 28, 2020, the German Federal Court of Justice (“FCJ”) handed down another judgment concerning the Rail Cartel (“Rail Cartel II”).[1] In line with its earlier judgment concerning the Rail Cartel (“Rail Cartel I”)[2], the FCJ confirmed that claimants cannot rely on prima facie evidence to prove causal damages; at least in price, quota and customer sharing cartels. At the same time, it further aligned the requirements under German tort law with the European Court of Justice’s (“ECJ”) case law and in this context partially overruled its judgment in Rail Cartel I.