On July 31, 2019, the ICA issued a decision stating that Ferrovie dello Stato Italiane S.p.A. (“FS”), Rete Ferroviaria Italiana S.p.A. (“RFI”) and Trenitalia S.p.A. (“Trenitalia”) had abused their dominant position in the markets for rail infrastructure management and regional rail passenger transportation services in Veneto (the “Decision”).[1] However, the ICA imposed on the firms concerned a symbolic fine of only €1,000, taking into account the fact that the contested practices would ultimately lead to improvements and innovation in the railway infrastructure.
The Milan Court of Appeal Upholds Judgment of Milan Court in Airport Luggage Wrapping Case
On July 30, 2019, the Milan Court of Appeal (the “Court of Appeal”) fully upheld a ruling of the Milan Court finding that Società per Azioni Servizi Aeroportuali (“SEA”) and Aeroporti di Roma (“ADR”) had put in place several anticompetitive practices in violation of Articles 101 and 102 TFEU.[1]
Achilles Information v Network Rail
On 19 July 2019, the CAT ruled that Network Rail illegally enforced its ‘RISQS-only’ rule on other users of its
Commission Fines Qualcomm €242 Million In Its First Predatory Pricing Decision In Almost Two Decades
On July 18, 2019, the Commission fined Qualcomm €242 million for abusing its dominance in the global market for broadband chipsets by selling below cost to “strategically important” customers, to force a competitor out of the market.[1] This is the first time in 16 years that the Commission has fined a company for predatory pricing after the Wanadoo decision of 2003.[2]
The Commission Is Investigating Amazon’s Use of Retailer Data
On July 17, 2019, the Commission announced the opening of a formal investigation into Amazon’s use of sensitive independent retailer data that may potentially breach Article 101/102 TFEU.[1]
Amazon Changes Business Terms Following FCO Investigation
On July 17, 2019, the FCO terminated its abuse proceedings into Amazon.com, Inc.’s (“Amazon”) German online marketplace, Amazon.de, after Amazon had committed to making several changes to its business terms towards sellers on its marketplace. The commitments apply not only to Amazon’s business terms in Germany, but also worldwide on all its marketplaces.[1]
The Paris Court of Appeals Upholds the FCA’s Decision Against Janssen- Cilag’s Defamatory Practices
On July 11, 2019, the Paris Court of Appeals dismissed most of the pharmaceutical company Janssen-Cilag’s claims in its appeal against the FCA decision fining it for delaying market entry of a generic drug[1], thereby essentially upholding the FCA’s third decision fining a pharmaceutical company for denigrating generic drugs after Sanofi-Aventis[2] and Schering-Plough.[3]
R (on the Application of Advanz Pharma Corp) v CMA
The case concerns an abuse of dominance investigation by the CMA into the supply of Liothyronine tablets in the UK
Complaint Against booking.com and Expedia Brings Hotel Parity Clauses to the Commission’s Docket
On June 11, 2019, Nustay, a Danish online booking agency, filed a complaint with the Commission against Expedia and Booking.com, alleging a breach of Articles 101 and 102 TFEU. The complaint centers on parity clauses in online hotel booking. In 2015, both Expedia and Booking.com agreed with the Danish Competition Authority to remove wide price-parity clauses from their contracts with hotels.[1] Nustay alleges that these two companies have de facto re-introduced these clauses through certain commercial practices.
The TAR Lazio Upholds the Interim Measures Adopted by the ICA in an Investigation Concerning an Alleged Abuse in the Market for Taxi Demand Management Services in Turin
On June 7, 2019, the TAR Lazio rejected the appeal filed by Società Cooperativa Taxi Torino (“Taxi Torino”) against the interim measures adopted by the ICA on November 29, 2018, in an investigation concerning an alleged abuse in the market for taxi demand management services in Turin.[1]