On January 17, 2019, Advocate General Kokott issued an opinion[1] on the scope of application of the Private Damages Directive[2] (“Directive”) in the context of a preliminary ruling request from the Lisbon Commercial Court.
Jurisdictions
The Court of Justice Strengthens Rights of Defense of Companies in Commission v. UPS
By Cleary Gottlieb on
Background
In 2013, the European Commission (“the Commission”) prohibited the proposed acquisition of TNT by United Parcel Service (“UPS”) on the basis that the merger could lead to a significant impediment of effective competition for intra- EEA express small package delivery services and result in increased prices. UPS offered a package of remedies, including divestment of TNT’s subsidiaries in the 15 Member States where the Commission identified competition concerns.
The Council of State Upholds the Annulment of an ICA Decision Concerning a Tender for the Supply of Magnetic Resonance Devices to Healthcare Facilities
By Cleary Gottlieb on
On January 14, 2019, the Council of State confirmed the first-instance court judgment and thus annulled the ICA decision,[1]…
The Spanish Supreme Court Confirms the Annulment of a €120 Million Fine Imposed by the CNMC on Telefonica, Vodafone and Orange for Abuse of Dominance in the Wholesale Markts for Termination of SMS and MMS
By Cleary Gottlieb on
In three judgments delivered in December 2018 and January 2019, the Spanish Supreme Court confirmed the annulment of fines amounting to a total of €120 million imposed on the three main telecoms operators in Spain (i.e., Telefónica, Vodafone and Orange) for abuse of dominance in the wholesale markets for the termination of text messages (“SMS”) and multimedia messages (“MMS”).[1]
Vivendi/Editis
By Cleary Gottlieb on
On January 2, 2019, the FCA authorized the acquisition by the Vivendi Group of the Editis Group, which owns 13 literary publishing houses operating the brands Fleuve, Julliard, Le Cherche Midi, Plon, Robert Laffont, Bordas and Nathan, among others.[1]
2018 Review
By Cleary Gottlieb on
CMA Activity
As in 2017, the CMA leadership devoted much of 2018 to preparing for Brexit – publishing draft regulations, revising guidance, and increasing the CMA’s workforce.
Commission Continues to Target Aggressive Tax Arrangements for Multinationals
By Cleary Gottlieb on
The Commission continues its policy of targeting aggressive tax arrangements for multinationals (Apple[1]—Irish tax benefits case; Engie[2] and McDonald’s[3]—Luxembourg tax benefits cases) as can be seen from the opening of a state aid investigation into a tax ruling granted by the Netherlands to Nike.
2018 Year-End Review: Record Amount of Competition Fines, Cartels Fines on the Decline, Increased Practice of Pull-and-Refile in Mergers
By Cleary Gottlieb on
The Commission issued fines totaling €6.5 billion in 2018, which is a new record and almost double the amount of competition fines in 2017.
The Council of State Reduces the ICA’s Fine on a Cement Manufacturer
By Cleary Gottlieb on
On December 31, 2018, the Council of State upheld the ICA’s infringement decision in the Cement cartel case,[1] but…
2018 Year-end Review: Record Amount of Competition Fines, Cartels Fines on the Decline, Increased Practice of Pull-and-Refile in Mergers
By Cleary Gottlieb on
The Commission issued fines totaling €6.5 billion in 2018, which is a new record and almost double the amount of competition fines in 2017.