On September 10, 2021, the European Commission published a policy brief on “Competition Policy in Support of Europe’s Green Ambition” (the “Policy Brief”).[1] A year after Executive Vice-President Margrethe Vestager called for a greener EU competition policy,[2] the Policy Brief summarizes the key takeaways from the stakeholder consultation and sets out the Commission’s ambitions for a greener competition policy. The key message being that “a green competition policy still has to be – well, a competition policy.”[3]
The French Competition Authority Recognizes for the First Time the Existence of a Market for “Organic” or Biological Products
On September 10, 2021, the FCA authorized the acquisition of 100 stores belonging to Bio c’ Bon, a French chain of organic grocery stores, by hypermarket chain Carrefour, subject to divestiture remedies.
The French Competition Authority Sanctions Boycotting Practices Against Digital Intermediation Platforms in the Road Freight Sector
In a decision dated September 9, 2021, the French Competition Authority (the “FCA”) imposed a total fine of €500,000 on several players in the road freight sector for participating in a single, complex and continuous infringement aimed at organizing a collective boycott of new digital intermediation platforms and geolocation software applications (the “Decision”).[1]
Forrest Fresh Foods Limited v Coca-Cola European Partners Great Britain Limited
On 7 September 2021 the CAT issued a judgment striking out Forrest Fresh Foods’ claim against Coca-Cola European Partners Great
Council of State Upholds a Tar Lazio Judgment Annulling the ICA Decision Concerning the Helicopter Transport Services Cartel
On September 6, 2021, the Council of State dismissed an appeal brought by the ICA[1] against a TAR Lazio judgment[2] that annulled an ICA decision[3] concerning the parent company – AIRI S.r.l.(the “Parent”) and its subsidiary Air Company S.r.l. (the “Subsidiary”, together, the “Parties”) – accused of participating in a cartel regarding helicopter transport services.
Ne Bis In Idem and EU Law: One Test To Rule All?
On September 2, 2021, Advocate General (“AG”) Bobek issued his opinions on two preliminary ruling requests, Bpost[1] and Nordzucker (the “Opinions”),[2] recommending to harmonize the principle of ne bis in idem—otherwise known as the double jeopardy test—in the EU, as it applies to all branches of EU law. AG Bobek suggested that application of the ne bis in idem principle should be based on a “triple identity” test: namely, of the offender, the relevant facts, and the protected legal interest.[3]
The Paris Court of Appeals Overturns French Competition Authority Decision Sanctioning Betting Operator for Non-compliance With Unbundling Commitments
On September 2, 2021,[1] the Paris Court of Appeals annulled in its entirety a decision issued by the FCA in April 2020, which fined betting operator Pari Mutuel Urbain (“PMU”) for non-compliance with unbundling commitments that had been made mandatory in 2014[2]. The Court held that, contrary to the FCA’s findings, PMU had been consistently complying with its commitments. The 900 million euros fine imposed on PMU was consequently annulled.
The Focus on Competition in Car Charging Infrastructure
On September 1, 2021, the Monopolies Commission published its 8th Energy Sector Report focusing inter alia on competition for electric vehicle charging points.[1] Just one month later, the German Federal Cartel Office (“FCO”) published its interim report on its sector inquiry into the charging infrastructure for electric vehicles.[2]
American Golf (Trading) Ltd. and ors. v. Mastercard Inc. and Others
Four divisions of Mastercard are facing a UK claim from retailers AGDC Realisations, American Golf, and Victoria Plum, which has
The UK Office for the Internal Market Is Officially Launched
In September 2021, the UK Competition and Markets Authority (CMA) announced the official launch of the Office for the Internal Market (OIM), a new unit within the CMA intended to support the effective operation of the UK internal market through monitoring, publishing reports and advice, and making recommendations to the Government. This article examines (i) what the OIM does and why it was introduced; (ii) how the OIM proposes to carry out its functions; (iii) the OIM’s information gathering powers; and (iv) broader implications for UK competition policy.