On 15 January 2021, the CAT published an order consenting to UKRS Training Limited (UKRS) withdrawing its action against NSAR Limited (NSAR) alleging a breach of the Chapter 2 prohibition.
The Court of Milan Rejects a Request for an Expert’s Preliminary Assessment of Damages Based on the 2017 Google Search (Shopping) Decision of the European Commission
On January 4, 2021, the Tribunale di Milano (the “Court of Milan”) rejected a request for an expert’s preliminary assessment of damages in a civil action brought by 7 Pixel s.r.l. (“7 Pixel”) against Google LLC (“Google”, together with 7 Pixel, the “Parties”).[1] The Court of Milan rejected Pixel’s attempt to use a swift settlement-like procedure on the basis of Article 696-bis of the Italian Code of Civil Procedure, which allows the judge to order an expert’s report providing an upfront assessment of the damages.
The ICA Imposes on the Ticketone Group and Five Promoters a Fine of Approximately €10 Million for an Abuse of Dominance in the Market for Ticketing Services for Pop Music Concerts
On December 22, 2020, the Italian Competition Authority (the “ICA”) jointly and severally fined – in a total amount of approximately €10 million – the corporate entities belonging to the Eventim- TicketOne Group (“TicketOne Group”), namely: CTS Eventim AG & Co. KGaA (“CTS Eventim”), its subsidiary TicketOne S.p.A. (“TicketOne”), as well as five promoters of pop music live events in Italy, namely, Di and Gi S.r.l. (“Di&Gi”), F&P Group S.r.l. in liquidazione (“F&P Group”), Friends & Partners S.p.A. (“Friends&Partners”), Vertigo S.r.l. (“Vertigo”) and Vivo Concerti S.r.l. (“Vivo Concerti”, together, the “Promoters”), which CTS Eventim indirectly acquired between September 2017 and April 2018.[1] The ICA decision found that the TicketOne Group and the Promoters violated Article 102 TFEU by engaging since 2013 in a single and complex abusive strategy in the market for the provision of ticketing services for live pop music concerts (the “Decision”).
TAR Lazio Quashes ICA Decision on Alleged Abuse of Dominant Position in Markets for the Collection of Waste Paper in Various Municipalities in Emilia Romagna
On December 22, 2020, the TAR Lazio quashed an infringement decision issued by the ICA (“ICA Decision”) against the public utility company Hera Holding Energia Risorse Ambiente S.p.A. (“Hera”) and its subsidiary Herambiente S.p.A. (“Herambiente”).[1] The ICA Decision found an alleged abuse of dominant position in the markets for the collection of waste paper in a number of municipalities in the region of Emilia- Romagna, for having favored Akron S.p.A. (“Akron”) – Herambiente’s subsidiary active in downstream markets – to the detriment of competitors.[2]
The Tar Lazio Annuls Ica Decision on Alleged Abuse of Dominance and Rules That Concentrations Cannot Be Considered as Part of an Abusive Strategy
The TAR Lazio, annulled a decision by which in 2020 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]
FCO Opens Additional Investigation of Facebook Practices
On December 10, 2020, the FCO initiated an investigation against Facebook for requiring users of its Oculus virtual reality glasses to also have a Facebook account.[1]
FCJ Reaffirmed Position on FRAND Defense
On November 20, 2020, at the request of Sisvel International Group (“Sisvel”), the Federal Court of Justice (“FCJ”) granted a preliminary injunction against Chinese mobile phone manufacturer Haier Corporation Group (“Haier”).[1] The injunction is another victory for Sisvel in its patent disputes with Haier following a preliminary injunction issued in May 2020.[2] The FCJ used the recent decision as an opportunity to further elaborate on the obligations of patent holders and potential patentees under the Huawei/ZTE jurisprudence of the Court of Justice of the European Union (“CJEU”).[3]
The General Court Rejects The Essential Facilities Doctrine In Rail Sector
On November 18, 2020, the General Court dismissed an appeal by AB Lietuvos geležinkeliai (“Lithuanian Railways”) against a 2017 Commission decision which found that the company had abused its dominant position on the Lithuanian rail freight market by removing a stretch of track connecting Latvia and Lithuania (the “short route”). The Commission found that the conduct prevented one of Lithuanian Railways’ major customers, the Polish stated-owned oil company AB Orlen Lietuva (“Orlen”), from switching transportation services to rival Latvian Railways.[1] The Commission and Lithuanian Railways discussed potential remedies, but failed to reach an agreement. The Commission therefore imposed a fine of €28 million. The General Court partially upheld the Commission decision, reducing the fine from €28 million to €20 million due to the limited territorial scope of the infringement.[2]
The Commission Opens a Formal Probe and Second Investigation Into Amazon
On November 10, 2020, the Commission sent a Statement of Objections (“SO”) to Amazon, alleging that Amazon abused its dominance on the market for provision of marketplace services in France and Germany, by accumulating and using sensitive data of independent retailers to benefit Amazon’s own retail business.[1] On the same day, the Commission announced that the investigation into Amazon’s e-commerce business practices was spun-off into a standalone probe.
Predatory Pricing, Again: The Commission Sends a Statement of Objections to Ceske Drahy
On October 30, 2020, the Commission sent an SO to České dráhy, the Czech state-owned incumbent rail operator, for allegedly abusing its dominant position through predatory pricing.[1]