The Italian Competition Authority (the “ICA”) fined ferry operator Caronte & Tourist (“C&T”) €3.7 million for having charged excessive prices on a ferry transportation route between Sicily and Calabria between 2017 and 2019 (the “Decision”).
A Completed Merger Cannot Be Considered as Part of an Abusive Strategy in the Framework of a Later Article 102 Decision
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]
Sped-Pro: Rule Of Law Vs EU Law Clash
On February 9, 2022, the General Court annulled another Commission decision rejecting an antitrust complaint, because the Commission failed to properly examine and address alleged systemic and generalized rule of law deficiencies in Poland which question the possibility of a fair trial before the Polish Competition Authority.[1]
FCO Concerned Lufthansa Hinders Condor in its Long-Haul Flights
On February 8, 2022, the German Federal Cartel Office (“FCO”) preliminarily found that Deutsche Lufthansa AG (“Lufthansa”) has to provide feeder flights for Condor Flugdienst GmbH’s (“Condor”) long-haul flights.[1] The FCO invited the parties to comment on its preliminary findings before issuing its decision.
No FCO Investigation Into DNS Services
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.
Gazprom: The Return Of The State Compulsion Defense?
On February 2, 2022, the General Court annulled a Commission decision rejecting an antitrust complaint against Gazprom, due to deficient Commission reasoning.[1]
The Councel of State Confirms the Lower Court’s Annulment of an ICA Decision Concerning an Alleged Abuse of Dominance in the Newspaper Sector
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”).
The French Cour de Cassation Expands the Scope of the French Legal Privilege To Certain In-house Communications
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.
Intel Corporation v Commission (Case T-286/09 RENV): General Court Quashes Intel’s €1.06 Billion Fine
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]
