On October 27, 2020, the ICA issued a decision (the “Decision”)[1] fining the Italian Consortium for the Collection, Recycling and Recovery of Plastic Packaging (“COREPLA”) € 27,400,477 for allegedly abusing its dominant position in the market for management of plastic waste recycling services.
The Paris Court of Appeals Confirms the French Competition Authority Decision Imposing Interim Measures on Google To Protect Copyright-related Rights of Online News Publishers
On October 8, 2020,[1] the Paris Court of Appeals dismissed the appeal brought by Google against an interim measures decision issued by the FCA on April 9, 2020 in favor of publishers unions Syndicats des éditeurs de la presse magazine and Alliance de la presse d’information générale, and news agency Agence France Presse.[2] It thereby approved the FCA’s third interim order against the tech giant in a decade. Pending the FCA’s decision on the merits, the Court of Appeals’ order addresses Google’s refusal to engage in negotiations with news publishers and agencies to determine an adequate remuneration for the exploitation of their copyright-related rights.
Commission Accepts Broadcom’s Commitments for TV Set-top Boxes and Modem Chips
On October 7, 2020 the Commission accepted commitments offered by Broadcom to address concerns relating to the sale of chipsets used in TV set-top boxes (“STBs”) and in internet modems.[1] This marks the end of a case that unusually combined the use of interim measures and the commitments procedure.[2] The Commission may view this case as a blueprint to achieving expedited resolutions of antitrust investigations in technology markets and beyond.
A Sports Association Abused Its Monopoly by Discriminating Against Affiliated Athletes
On October 7, 2020, the Frankfurt am Main Court of Appeals found the top-tier sports association for beach volleyball (Deutscher Volleyball-Verband, “DVV”) liable for abusing its dominant position by discriminating the plaintiffs, two female professional volleyball players.[1] The plaintiffs were awarded USD 17,000 in damages reflecting the prize money the plaintiffs missed out on during that period of time.
The French Cour de Cassation Upholds the Paris Court of Appeals’ Judgment in the TDF Abuse of Dominance Case
On September 16, 2020, the French Cour de cassation upheld the Paris Court of Appeals’ judgment, which had largely confirmed the French Competition Authority’s (the “FCA”) decision in the TDF case.
The Cour de Cassation Quashes the Paris Court of Appeals’ Decision in the SFR/Orange Case on the Fixed Telephony Market for Secondary Homes for the Second Time
On September 16, 2020, the French Cour de cassation annulled a judgment of the Paris Court of Appeals for the second time in the saga between SFR and Orange. While the Cour de cassation confirmed the existence of a relevant market for fixed telephony for secondary homes, on which Orange is dominant, it ruled that the Paris Court of Appeals had failed to properly assess Orange’s allegedly abusive conduct.
The French Competition Authority Fines Three Pharmaceutical Companies for Abuse of Collective Dominance
On September 9, 2020, the French Competition Authority (“FCA”) fined Novartis, Roche and its subsidiary Genentech €444 million for abusing their collective dominance on the market for AMD treatment. The FCA found that the parties disparaged the off-label use of Roche’s Avastin drug and spread an alarmist discourse before the public authorities in order to preserve the dominant position and high price of Novartis’ Lucentis drug.
Unwired Planet International Ltd and another v Huawei Technologies (UK) Co Ltd and another
2020, the UK Supreme Court issued its judgment in a standard-essential patent (SEP) dispute between Huawei and Unwired Planet (see full alert memorandum).
Preventx v. Royal Mail Group
On 20 August 2020, the High Court ordered an interim injunction against Royal Mail Group in favour of Preventx, a provider of remote diagnostic testing services and clinical referral services for sexually transmitted diseases (STIs).
The FCO’s Narrow Price Parity Clause Investigation
In August 2020, the FCO published the results[1] of its investigation into the effect of narrow price parity clauses on online sales. Narrow price parity clauses restrict suppliers from offering their products or services at lower prices or more favorable conditions in certain sales channels. In contrast, wide price parity clauses restrict suppliers from offering their products or services at lower prices or with more favorable conditions anywhere else.