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]
The Commission Fines Google €1.49 Billion for Breaching EU Antitrust Rules in the Google AdSense Investigation
On March 20, 2019, the Commission fined Google €1.49 billion for breaching Article 102 TFEU by imposing restrictive clauses in contracts with owners of third-party publisher websites, such as newspapers, blogs, or travel site aggregators.
The ICA Accepts Commitments for an Alleged Abuse of Dominance in the Post-trading Sector: The Monte Titoli Case
On March 7, 2019, the Italian Competition Authority (the “ICA”) made legally binding the commitments offered by Monte Titoli S.p.A. (“Monte Titoli”), a subsidiary of Borsa Italiana (which belongs to the London Stock Exchange), active in the post-trading sector.[1] Monte Titoli’s commitments were found to address adequately the ICA’s concerns that the company may have infringed Article 102 TFEU by abusing its dominant position on the securities trading settlement market in order to squeeze competitors’ margins in the custody services market.
FCO Ends Probe Into Organization and Marketing of Olympic Games With Commitment Decision
On February 25, 2019, the FCO concluded its abuse of dominance investigation against the German National Olympic Committee (Deutscher Olympischer Sportbund, “DOSB”) and the International Olympic Committee (“IOC”) with a commitment decision.[1] The FCO had launched its investigation in 2017, following a complaint by the German Association of the Sporting Goods Industry (Bundesverband der Sportartikel-Industrie).
Commission Accepts TenneT’s Commitment to Increase the Maximum Capacity of the Electricity Interconnector Between Denmark and Germany
On February 14, 2019, the Commission published a decision, adopted on December 7, 2018,[1] accepting commitments offered by TenneT, an electricity transmission system operator (“TSO”), to remove restrictions on, and in the long term also to increase, the maximum capacity of the electricity interconnector between Germany and West Denmark (“the DE-DK1 interconnector”).
FCO Orders Facebook To Change Its Data Collection Practices
On February 6, 2019, the German Federal Cartel Office (“FCO”) prohibited Facebook’s practice of collecting and processing user data from Facebook’s own services as well as from third-party services without users’ freely given consent.[1] After an investigation of nearly three-years, the FCO found that this practice amounted to an exploitative abuse of a dominant position. For the first time, the FCO considered compliance with data protection rules in its abuse of dominance analysis.
Gruner + Jahr’s Abandons Renewal of National Geographic License
On January 21, 2019, publishing company Gruner+Jahr (“G+J”) withdrew its notification of the proposed re-acquisition of the license to publish the German edition of “National Geographic” following the FCO expressing competition concerns.[1]
The Spanish Supreme Court Confirms the Annulment of a €120 Million Fine Imposed by the CNMC on Telefonica, Vodafone and Orange for Abuse of Dominance in the Wholesale Markts for Termination of SMS and MMS
In three judgments delivered in December 2018 and January 2019, the Spanish Supreme Court confirmed the annulment of fines amounting to a total of €120 million imposed on the three main telecoms operators in Spain (i.e., Telefónica, Vodafone and Orange) for abuse of dominance in the wholesale markets for the termination of text messages (“SMS”) and multimedia messages (“MMS”).[1]
2018 Year-End Review: Record Amount of Competition Fines, Cartels Fines on the Decline, Increased Practice of Pull-and-Refile in Mergers
The Commission issued fines totaling €6.5 billion in 2018, which is a new record and almost double the amount of competition fines in 2017.
2018 Year-end Review: Record Amount of Competition Fines, Cartels Fines on the Decline, Increased Practice of Pull-and-Refile in Mergers
The Commission issued fines totaling €6.5 billion in 2018, which is a new record and almost double the amount of competition fines in 2017.