On May 7, 2020, the DCA closed the proceedings against Propan Rheingas GmbH & Co KG (“RG”), an alleged member of the liquefied petroleum gas (“LPG”) cartel, thereby ending an almost 15-year saga.
The Council of State Confirms the Annulment of an ICA Decision That Fined Two Companies for Bid Rigging in the Market for Food Catering Services in Italian Motorway Restaurants
On April 27, 2020[1] the Council of State upheld two judgments issued by the Regional Administrative Court of Lazio (“TAR Lazio”) in 2016,[2] which had annulled an ICA decision fining Chef Express S.p.A. (“Chef Express”) and My Chef Ristorazione Commerciale S.p.A. (“My Chef”, and together with Chef Express, the “Companies”) for alleged bid rigging in the market for food catering services in Italian motorway restaurants (the “Decision”).[3]
In particular, the Council of State agreed with the TAR Lazio that the ICA had not adequately proved a collusive scheme.
FCO Discontinues Proceedings Against Sky and DAZN
On April 15, 2020, the German Federal Cartel Office (“FCO”) discontinued its proceedings against pay TV broadcaster Sky Ltd. and online streaming service provider DAZN Group Ltd. (“DAZN”) over alleged collusion during the award of the German broadcasting rights to UEFA Champions League matches for the seasons 2018/2019 to 2020/2021 for discretionary reasons.[1]
Granville Technology Group Limited (In Liquidation) And Others V Infineon Technologies AG and Others (Dram Cartels)
On 9 April 2020, the High Court handed down a ruling on costs following its preliminary issue judgment on limitation
Ds Smith Paper Limited and Others v Man SE and Others
On 2 April 2020, the CAT published a High Court order dated 21 January 2020, transferring to the CAT a
Budapest Bank: Banking on the Importance of the By-effect Assessment
On April 2, 2020, the Court of Justice of the European Union (the “CJEU”) ruled on a 2018 preliminary reference from Hungary’s Supreme Court, vacating on appeal the decision of the Hungarian competition authority. The authority found that an agreement on multilateral interchange fees (“MIFs”) constituted a by-object and by-effect infringement of Article 101 TFEU.[1] The judgment concerns two heavily discussed topics: the notion of restriction of competition by object vs effect,[2] and MIFs.[3]
FCO Fines Technical Building Services Providers for Collusive Tendering
On March 27, 2020, the FCO announced that already in December 2019 it had concluded its proceedings against 11 providers of technical building services.[1] The FCO imposed fines totaling approximately €110 million for collusion in tenders for large building projects.
FCO Approves DFL Tender Model for Bundesliga Media Rights
On March 20, 2020, the FCO approved the German Football League’s (DFL Deutsche Fußball Liga, “DFL”) model to tender media rights for first and second-division Bundesliga matches for the seasons 2021/22 to 2024/25.[1] To address the FCO’s concern, the DFL had offered various commitments, including a so-called “no single buyer” rule.
The TAR Lazio Upholds the ICA Decision to Fine the Members of a Cartels for the Assignment of Broadcasting Rights for Football Matches in Countries Other Than Italy
On March 16, 2020, the TAR Lazio delivered its ruling in the judicial review proceedings concerning the 2019 ICA decision finding that, from 2008 to 2015, the MP Silva Group, the IMG Group, and the B4 Capital Group coordinated their bids in the procedures for the assignment of international audiovisual rights for the broadcasting of the matches of the football seasons relating to the Serie A and B, the Italy Cup and the Italian Super Cup, in countries other than Italy.[1]
Higgins v Barclays, Evans v Barclay (FX Cartels)
On 6 March 2020, the CAT handed down its judgment in an application for a preliminary hearing on a timing