On May 14, 2019, the General Court dismissed Recylex’s application for annulment of a Commission decision that imposed a fine on Recylex for its participation in a buyer cartel in the battery recycling sector.[1]
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]
Wolseley and Others v Fiat Chrysler and Others
This case is one of seven sets of ongoing proceedings against addressees of the July 2016 European Commission decision which fined participants in a truck manufacturing cartel (the so-called “Trucks” cases).
Lucchini Fails to “Free-ride” on Other Cartels Participants’ Successful Appeals
On May 8, 2019, the General Court held that cartel participants that do not appeal a Commission infringement decision cannot seek reimbursement of fines paid where that decision is annulled in proceedings to which they were not a party.[1]
Advocate General Tanchey Recommends Dismissing the Commission’s Appeal in Icap
On May 2, 2019, Advocate General Tanchev (“AG Tanchev”) recommended dismissing the Commission’s appeal against the General Court’s ruling in Icap.[1] According to AG Tanchev, the General Court was correct in holding that the Commission’s decision provided insufficient reasoning as regards the determination of the fines imposed on Icap.
The ICA Fines Bid-Rigging Practices in Facility Maintenance Services in Italy
On April 17, 2019, the ICA found that 19 undertakings allegedly participated in a cartel that affected the outcome of the so-called “Facility Management 4” tender procedure, the biggest European public tender for the provision of cleaning and maintenance services for public offices ever to be launched in Italy (by Consip, the central purchasing agency owned by the Ministry for Economy and Finance).[1] The said tender was divided in 18 geographical lots and had a total value of approximately €2.7 billion.
Hearing Officer Rules That Statements Made by Former Commissioner Almunia Did Not Breach the Presumption of Innocence in Euribar Proceedings
On April 9, 2019, the Commission published the Final Report of the Hearing Officer on procedural issues relating to its 2016 decision in the Euribor case, in which it fined Crédit Agricole, HSBC and JPMorgan Chase a total of €485 million for participating in a cartel in euro interest rate derivatives.
DCA Annuls Carlsberg’s Fine in German Beer Cartels
On April 5, 2019, the DCA annulled a €62 million fine that the FCO had imposed on Carlsberg Deutschland GmbH (“Carlsberg”) in 2014 for its participation in price-fixing agreements in 2006 (draught beer) and 2008 (draught and bottled beer) in Germany.[1] In addition to Carlsberg, the FCO had fined ten other breweries, one trade association and 14 individuals in the total amount of €338 million (including Carlsberg’s fine).[2]
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 Commission Issues a Statement of Objections to BMW, Daimler, and Volkswagen for Colluding To Equip Vehicles With Inferior Emissions Control Equipment
On April 5, 2019, the Commission issued a Statement of Objections (“SO”) to BMW, Daimler, and Volkswagen (“VW”) alleging that the car manufacturers conspired to halter the development of clean emissions technology for passenger cars running on petrol and diesel.[1]