The Regional Administrative Court of Lazio, Italy (the “TAR Lazio”), annulled a decision by which in 2020 the Italian Competition Authority (the “ICA”) had imposed a fine on CTS Eventim-TicketOne Group (“TicketOne”) for allegedly abusing its dominant position in the Italian market for the sale of tickets for pop and rock music concerts.[1]

On February 3, 2022, the German Federal Cartel Office (“FCO”) declared that it will not—at this stage—launch an investigation in the area of Domain Name System (“DNS”) services.[1]  Following indications from market participants, the FCO conducted a preliminary investigation lasting several months, but found that the suspicion of anticompetitive conduct in this field has not been substantiated.

On January 26, 2022, the Council of State confirmed on appeal the annulment by the TAR Lazio[1] of a decision in which the ICA found that Società Iniziative Editoriali S.p.A. (“SIE”), the publisher of L’Adige, the main daily newspaper in the area of Trento, abused its dominant position in the daily newspaper market in that geographic area (the “Decision”).

On January 26, 2022, the Criminal Chamber of the French Cour de cassation (the French Supreme Court) has ruled for the first time that companies’ internal documents summarizing or forwarding outside counsel’s legal advice in connection with anticipated litigation are protected by the French legal privilege (secret professionnel).  The French case law is therefore gradually moving closer to the EU one.

On January 26, 2022, the General Court partially annulled the Commission’s decision imposing a €1.06 billion fine on Intel for abusing its dominant position through the granting of exclusivity- conditioned rebates.[1] The General Court found that the Commission had not established to the requisite legal standard that the rebates were capable of having, or were likely to have, anticompetitive effects.[2]

On January 26, 2022, the Council of State[1] upheld a TAR Lazio judgment rejecting an application brought by Società Green Network S.p.A. (“GN”)[2] for annulment of an ICA decision concerning an alleged violation of Article 102 TFEU (the “Decision”).[3]