Abuse

On March 3, 2020, the Council of State granted the appeal filed by Società Cooperativa Taxi Torino (“Taxi Torino”) against the judgment issued by the Regional Administrative Tribunal for Latium (the “TAR Lazio”) on June 7, 2019.[1] The TAR Lazio had upheld the ICA decision of November 29, 2018, which imposed interim measures in an investigation concerning an alleged abuse in the market for the collection and sorting of orders for taxi services in Turin.[2]

On February 25, 2020, the Italian Competition Authority (the “ICA”) imposed on Telecom Italia

S.p.A. (“TIM”) a fine of approx. € 116.1 million for abusing the dominant position it held both in the national market for wholesale access services to, and in the national market for retail telecommunications services on, the broadband (“BB”) and ultra-broadband (“UBB”) fixed network, in violation of Article 102 of the Treaty on the Functioning of the European Union (the “TFEU”).[1]

In a three-day session culminating on St Valentine’s day, the General Court of the European Union (the “General Court”) heard Google LLC’s (“Google”) and the European Commission’s (the “Commission”) arguments in the Google Shopping case.[1] In 2017, the Commission adopted a decision (the “Decision”) fining Google a record-breaking €2.42 billion for abuse of dominance by positioning and displaying its own comparison shopping service (“CSS”),[2] Google Shopping, more favorably in its general search result pages compared to rival CSSs.[3]

On January 27, 2020, the French Competition Authority (“FCA”) accepted Lego’s commitments, thereby closing a five-year long investigation into the discount policy applied to distributors by the building games manufacturer.[1] Lego committed to redefine the criteria of its discount scheme to allow online distributors to obtain the same level of discount as brick-and-mortar distributors.

On January 16, 2020, the FCA dismissed a complaint by French terrestrial digital television broadcaster towerCast which alleged that its competitor TDF’s acquisition of Itas,[1] constituted an abuse of dominance on the wholesale markets for digital terrestrial television broadcasting services (the “Decision”).

On January 16, 2020, the TAR Lazio[1] accepted the application filed by Società Iniziative Editoriali S.p.A. (hereinafter “SIE”), a company active in the daily newspaper market and publisher of the main daily newspaper in the area of Trento (L’Adige), for annulment of an ICA decision finding SIE to have abused its dominant position on the said market by refusing to license the editorial contents of its newspaper to companies providing daily press reviews in the area of Trento.