On May 24, 2019, the European Travel Agents’ and Tour Operators’ Associations (“ECTAA”) filed a complaint with the Commission against airline trade association IATA for alleged breaches of Articles 101 and 102 TFEU.
The TAR Lazio Annuls in Part an ICA Infringement Decision Finding an Alleged Abuse of Dominant Position in the Maritime Freight Transport Sector
On May 22, 2019, the Regional Administrative Court for Latium (the “TAR”) accepted in part the application for annulment of an ICA decision addressed to maritime carriers Moby and CIN, finding a violation of Article 102 TFEU (the “Decision”).[1]
The Commission and the Belgian Competition Authority Simulataneously Raid French and Belgian Grocery Retailers
On May 20, 2019, the Commission carried out dawn raids at the premises of two grocery retailers in France, Casino and Intermarché-Les Mousquetaires.[1] On the same day, the Belgian Competition Authority raided Carrefour and Provera, a joint purchasing venture of grocery retailers Cora, Match, and Louis Delhaize. Although the two series of dawn raids occurred simultaneously, the Commission’s press release leaves open whether the raids were coordinated.
Commission Opens Investigation Into Data Sharing by Irish Industry Association
On May 14, 2019, the Commission announced the opening of an investigation into Insurance Ireland, an industry association of Irish insurers that includes Allianz, Hertz, Liberty, AIG, and AXA. Insurance Ireland is suspected of impeding prospective members’ access to its “Insurance Link” data pool.[1]
The Commission Fines Ab Inbev €200 Million for Abusing Its Dominance on the Belgian Beer Market by Restricting Cross-border Sales
On May 13, 2019, the Commission fined AB InBev €200 million for abusing its dominant position on the Belgian beer market by restricting the ability of Belgian customers to purchase cheaper products from the neighboring Netherlands between February 9, 2009, and October 31, 2016.[1] The Commission’s investigation commenced on June 30, 2016, just a month after it had concluded an in-depth examination of several EU beer markets, including Belgium, in its merger review of AB InBev/SABMiller (“SABMiller Decision”).[2]
Strident Publishing Limited v Creative Scotland
On 17 April 2020, the CAT handed down its preliminary issue judgment on whether the defendant, Creative Scotland, constitutes an undertaking for the purposes of the Competition Act 1998. The issue arose in a claim by Strident Publishing Limited, a small independent book publisher, for an alleged abuse of dominance by Creative Scotland in breach of the Chapter 2 prohibition, by providing “investment finance” to publishers of literary works.
Refusal to Supply Essential Information: The ICA Fines Legal Monopolist in the Local Public Transport Sector
On April 10, 2019, the Italian Competition Authority (“ICA”) levied a fine of € 1.1 million on SAD – Trasporto Locale S.p.A. (“SAD”), a company entrusted by the Autonomous Province of Bolzano (“APB”) with the provision of suburban public passenger land transport services in the Bolzano area, for an alleged infringement of Article 102 TFEU.[1] According to the ICA, SAD abused its dominant position on the local market for suburban public passenger land transport services, by refusing to provide the APB with information necessary to carry out a public tender procedure for the assignment of transport services in the Alto Adige region.
The General Court Dismisses Qualcomm’s Challenge of a Commission Request for Information
On April 9, 2019, the General Court dismissed Qualcomm’s application for annulment of a Commission decision of March 31, 2017, requiring Qualcomm to provide information in the context of an antitrust probe.
The Commission Issues a Statement of Objections Over Geo-Blocking Arrangements for Video Games
On April 5, 2019, the Commission sent a Statement of Objections (“SO”) to Valve, the owner of the video game distribution platform Steam, as well as five video game publishers[1] whose video games are distributed by Valve. The SO sets out the Commission’s concerns that the companies have prevented customers from purchasing PC video games online from sellers in certain Member States in Central and Eastern Europe[2] where prices are lower (so-called “geo-blocking”).
The Court of Justice Clarifies the Prohibition of Double Jeopardy in Competition Law Cases
On April 3, 2019, the Court of Justice ruled that a national competition authority can in a single decision fine a company for infringing both EU and national competition law, without infringing the principle of ne bis in idem (double jeopardy).[1]