Abuse

On December 22, 2021, the German Federal Cartel Office (“FCO”) published its annual review for 2021.[1]  As done already on the occasion of the presentation of its Annual Report 2020/2021,[2] the FCO’s President, Andreas Mundt, emphasized again that the protection of competition in the digital economy remains one of the FCO’s top priorities.  He underlined that also merger control will continue to serve as a key tool to achieve this goal.  In addition, he pointed out that the FCO would welcome powers of intervention also with regard to infringements of consumer rights.

In a press release dated December 15, 2021, the French Competition Authority (the “FCA”) announced the opening of a public consultation on Google’s proposed commitments in the “related rights” case.  These commitments seek to address the preliminary competition concerns expressed by the FCA Investigation Services, who are still pursuing the proceedings on the merits following an interim measures decision issued in April 2020.

On December 9, 2021, Advocate General (“AG”) Rantos delivered his opinion on the questions referred to the Court of Justice (“ECJ”) by the Italian Consiglio di Stato in case Servizio Elettrico Nazionale.[1] The Consiglio di Stato is seeking clarification of certain aspects of the concept of “abuse” under Article 102 TFEU.

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In 2021, the German Federal Cartel Office (“FCO”) concluded a long-lasting proceeding into price fixing and information exchange in the stainless steel sector after it had already in early 2021 fined steel forgers € 35 million for information[1], while it unsuccessfully defended its decision relating to an alleged “Kölsch” beer cartel before the Düsseldorf Court of Appeal (“DCA”).  The FCO will find itself before the courts again soon as it has appealed the DCA’s “Kölsch” beer cartel judgment and two undertakings have appealed the FCO’s stainless steel cartel decision.

On November 22, 2021, the Regional Administrative Court of Latium (the “TAR Lazio”) rejected the application for annulment, lodged by the Italian Consortium for the Collection, Recycling and Recovery of Plastic Packaging (“COREPLA”), against the decision by which the ICA fined COREPLA in an amount in excess of €27 million, under Article 102 TFEU, for abusing its dominance in the Italian market for plastic waste recycling services (the “Decision”).[1]

On November 18, 2021, the Commission published its communication entitled “a competition policy fit for new challenges” (the “Communication”).[1] The Communication identifies several areas where an adjusted competition policy could help overcome new challenges the European economy is facing. In particular, the Communication discusses competition policy’s role in Europe’s economic recovery from the COVID-19 pandemic, in supporting the European green[2] and digital transition,[3] and in strengthening the Single market’s resilience.