A chainsaw manufacturer cannot force its distributors to hand-deliver its products when the sale was made online, according to the FCA decision 18-D-23 of October 24, 2018. However, the first President of the Paris Court of Appeal ordered a stay of execution regarding the FCA injunctions which required it to modify the manufacturer’s distribution agreements.
Jurisdictions
The Commission Fines MasterCard €570 Million for Hindering Merchants’ Access to Better Conditions Offered by Banks Elsewhere in the EU
By Cleary Gottlieb on
As reported in our December 2018 newsletter, the Commission fined MasterCard over €570 million for limiting merchants from benefitting from better conditions offered by banks established elsewhere in the EU.[1]
FCO And FCA Close Joint Probe Into Agreement Between Ad Blocker Eyeo and Google
By Cleary Gottlieb on
The FCO and the Austrian Federal Competition Authority (“FCA”) closed a joint probe of an agreement between the German-based ad blocker company Eyeo and Google after the companies had changed certain terms of their whitelisting contract.[1] Following complaints about Eyeo’s ad blocker Adblock Plus, the FCA had launched an investigation in Austria in 2013. FCO subsequently joined the proceedings in May 2016.
Commissioner Vestager Reiterates Concerns Over Online Platforms and Announces “More Cases to Come”, as Welll as Plans To Hire Experts and Buy Software for Speedier Assessment of Cases in the Digital Sector
By Cleary Gottlieb on
During a speech delivered at the Paris Institute of Political Studies (Sciences Po) on January 21, 2019, Commissioner Vestager indicated that more cases concerning online platforms are to be expected.
Gruner + Jahr’s Abandons Renewal of National Geographic License
By Cleary Gottlieb on
On January 21, 2019, publishing company Gruner+Jahr (“G+J”) withdrew its notification of the proposed re-acquisition of the license to publish the German edition of “National Geographic” following the FCO expressing competition concerns.[1]
Commission Conditionally Approves Basf/Solvay Creating a “Significant European Player” in the Nylon Compound Market
By Cleary Gottlieb on
On March 6, 2020, the Commission approved Telecom Italia and Vodafone’s acquisition of joint control over INWIT, which will combine the companies’ 22,000 telecommunication towers in Italy.[1] The approval was obtained during Phase I and is conditioned on third-party access to the infrastructure.
J Sainbury PLC and ASDA Group Limited vs. CMA
By Cleary Gottlieb on
On January 18, the CAT quashed the procedural timetable set by the CMA in the Phase 2 review of the Sainsbury’s/Asda merger. The CMA had given the parties a little over two weeks to respond to over 400 pages of working papers and scheduled the Main Party Hearings during the same period. The CAT found the deadlines were unreasonable and unfair given the volume and complexity of the papers, the CMA’s failure to engage in a longer pre-notification period despite the parties’ requests, and the overlap of the deadlines for the main hearing and response to the working papers. The CAT did not specify new deadlines, which were left to the CMA’s discretion, having regard to the overall statutory review period.
FCO Blocks Plain Bearings Production Joint Venture
By Cleary Gottlieb on
On January 17, 2019, the FCO prohibited the creation of a joint venture between Miba and Zollern in the market for the production of hydrodynamic plain bearings.
CMA vs Concordia International RX (UK)
By Cleary Gottlieb on
In October 2017, the CMA obtained a warrant to enter Concordia’s (now called Advanz Pharma) business premises and search for documents relating to suspected anticompetitive behaviour in the pharmaceutical sector. Concordia applied to have the warrant discharged because it had been cooperating with the CMA’s investigation, and so there was no basis for the CMA to suspect that it would tamper with evidence.
FCO Blocks Plain Bearings Production Joint Venture
By Cleary Gottlieb on
On January 17, 2019, the FCO prohibited the creation of a joint venture between Miba and Zollern in the market for the production of hydrodynamic plain bearings.[1] This particular type of bearings is needed for the production of large bore engines used, inter alia, in ships, locomotives and power generators.