In November 2013, David Currie – then Chairman of the CMA – identified the low volume of competition cases in regulated sectors: “These sectors account in total for some 25% of the economy. They are also typically characterised by monopolistic or oligopolistic market structures. This might suggest the need for more, rather than less, competition enforcement than in other parts of the economy.”[1]
Jurisdictions
Ameos Abandons Planned Acquisition of Sana Kliniken Ostholstein
By Cleary Gottlieb on
On March 28, 2019, hospital operator Ameos Psychiatrie Holding (“Ameos”) withdrew its notification of the proposed acquisition of the majority…
Total Abandons Planned Acquisition of Eleven Gas Stations
By Cleary Gottlieb on
On March 26, 2019, Total Germany (“Total”) abandoned its acquisition of eleven gas stations in the Trier area from family-managed…
Nike: The Commission Continues Fight Against Territorial and Online Sales Restrictions in Licensing and Distribution Agreements
By Cleary Gottlieb on
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
By Cleary Gottlieb on
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.
The Court of Justice Dismisses Eco-bat’s Appeal and Clarifies the Applicable Time Limits for Appealing Commission Correcting Decisions
By Cleary Gottlieb on
On March 21, 2019, the Court of Justice upheld the General Court’s dismissal of the action lodged by Eco-Bat, a British lead recycling company, against the Commission decision imposing a €32.7 million fine in the Car Battery Recycling cartel case.[1]
Credit Agricole, JPMorgan Chase Lose Fight Against EU Releasing EIRD Decision
By Cleary Gottlieb on
On March 21, 2019, the Court of Justice issued two orders dismissing Crédit Agricole’s and JPMorgan Chase’s applications for interim measures requested to prevent the Commission from publishing its decision in the EIRD cartel case.[1] The parties had appealed an order issued in October 2018 by the General Court,[2] which rejected the parties’ claims that the Commission should not be allowed to publish its decision on the cartel case while a court appeal against its publication is pending.
The Commission Approves the Acquisitions of Asco by Spirit Subject to Commitments Addressing Coordinated Effects Concerns
By Cleary Gottlieb on
On March 20, 2019, the Commission cleared Spirit’s acquisition of Asco, both being active in the supply of aircraft components.[1] The case raised no vertical or horizontal unilateral concerns. However, the Commission imposed remedies to address coordinated effects in the market for slats and slat systems[2] making this the first such case since Hutchison 3G Italy/WIND/JV in 2016.[3]
The Commission Fines Google €1.49 Billion for Breaching EU Antitrust Rules in the Google AdSense Investigation
By Cleary Gottlieb on
On March 20, 2019, the Commission fined Google €1.49 billion for breaching Article 102 TFEU by imposing restrictive clauses in contracts with owners of third-party publisher websites, such as newspapers, blogs, or travel site aggregators.
The General Court Annuls The Commission’s Decision In Tercas And Explains That Support Measures Adopted By A Private Law Consortium Do Not Constitute State Aid
By Cleary Gottlieb on
On March 19, 2019, the General Court annulled the Commission’s decision finding that the voluntary intervention by Fondo Interbancario di Tutela dei Depositi (“FITD”) in support of Banca Tercas (“Tercas”) constituted State aid, granted in violation of Article 108(3) TFEU.[1]