On November 12, 2019, the ICA issued a decision finding that Coopservice S.Coop.p.A. (“Coopservice”), Allsystem S.p.A. (“Allsystem”), Istituti di Vigilanza Riuniti S.p.A. (“IVRI”) and its parent companies Skibs S.r.l. (“Skibs”) and Gruppo Biks S.p.A. (“Biks”), Italpol Vigilanza S.r.l. (“Italpol”) and its parent company MC Holding S.r.l. (“MC Holding”), Sicuritalia S.p.A. (“Sicuritalia”) and its parent company Lomafin SGH S.p.A. (“Lomafin”) participated in a cartel affecting the outcome of several open tender procedures for the provision of private security services, launched by contracting authorities located in the regions of Lombardia, Emilia Romagna and Lazio between 2013 and 2017.[1]
The General Court Dismisses Campine’s Appeal Against Buyer-cartels Fine
On November 7, 2019, the General Court dismissed an appeal brought by Campine against an €8.16 million fine imposed by the Commission for its participation in the battery recycling purchasing cartel.[1] Campine sought annulment of the fine, and challenged in particular the 10% increase in the fine that the Commission imposed on account of it being a purchasing cartel.
Commission Investigates Retail Grocery Sector In France
On November 3, 2019, the Commission opened a formal investigation of potential anticompetitive coordination between two French supermarket chains, Casino and Intermarché. The Commission suspects that the parties’ 2014 joint purchasing alliance, Intermarché-Casino Achats, might have led to them colluding in certain downstream markets, in particular on the development of shop networks and consumer pricing.[1] The Commission’s decision to open an investigation follows the dawn raids that it carried out in May 2019 in cooperation with the French Competition Authority, as reported in our May EU Competition Law Newsletter.
The Court Of Justice Issues Judgments In Four Power Cables Cases
In November 2019, the Court of Justice issued judgments in four cases arising out of the Commission’s 2014 decision in Power Cables. In the decision, the Commission found several European, Japanese, and Korean high-voltage power cables producers to have engaged in a cartel and imposed fines totaling €302 million.[1] The scope of the infringement included both the power cables and their accessories. Most of the addressees challenged the decision in the General Court, in each case unsuccessfully, and subsequently in the Court of Justice. This month, the Court of Justice rendered judgments on the appeals filed by ABB Ltd and ABB AB (“ABB”), Silec, Brugg Kabel, and LS Cable, partially upholding ABB’s appeal while dismissing the other three appeals.[2]
The Court of Salerno Declares Null and Void in Its Entirety a Guarantee Agreement Containing Clauses From an Anticompetitive Form
On October 2, 2019, the Court of Salerno declared null and void in its entirety a guarantee agreement containing standard clauses based on a form by the Italian Banking Association (the “ABI”), which had been held anticompetitive by a decision of the Bank of Italy.[1]
The General Court Renders Two Rulings Relating to the Transparency of the Commission Imposed Cartels Fines
On September 24, 2019, the General Court annulled a €33.6 million fine imposed on HSBC for its participation in the euro interest rate derivatives cartel,[1] and on the same day the General Court rejected Printeos’ appeal against the re-imposed fine for its participation in the envelope cartel.[2] Both cases relate to the methodology the Commission applied in calculating the fines and its transparency in that regard.
FCO Revokes Antitrust Exemption for Dry Building Materials Cartels
On September 20, 2019, the FCO prohibited SAKRET Trockenbaustoffe Europa GmbH & Co. KG (“SAKRET Europe”) from continuing to undertake distribution activities for its shareholders and sublicensees of the SAKRET brand regarding the sale of dry building materials.[1] In doing so, the FCO revoked an exemption it had granted back in 1982.
The ICA Finds Bid-Rigging Practices in Integrated Health and Safety Management in Italy
On September 18, 2019, the Italian Competition Authority (the “ICA”) issued a decision[1] finding that Com Metodi S.p.A. (“Com Metodi”), Sintesi S.p.A. (“Sintesi”), Igeam S.r.l., Igeamed S.r.l. and Igeam Academy S.r.l. (jointly, “Igeam”) participated in a cartel affecting the outcome of the open tender procedure for the provision of integrated health and safety management services in the workplace at Italian public administrations, launched by Consip S.p.A. (“Consip”), the central purchasing agency owned by the Ministry of Economy and Finance, in December 2015 (the “SIC 4 Tender” and the “Decision”, respectively).
Access to File: The Tar Lazio Emphasizes the Boundary Between the Rights of Defense and the Right of Access to Leniency Applications
On September 16, 2019, the TAR Lazio rejected the application for annulment filed by MP Silva S.r.l. (“MP Silva”) against an ICA decision that had denied the applicant access to the file in an Article 101 TFEU investigation.[1]
Council of State Reduces Fines in Vending Machines Cartels
On August 5, 2019, the Council of State partially annulled several judgments delivered by the TAR Lazio in 2017,[1] which had upheld the ICA’s decision to fine—among others—Gruppo Illiria S.p.A. (“Illiria”) and Supermatic S.p.A. (“Supermatic”) for having participated in an alleged cartel in the market for vending machines.