On 10 November 2022, the European Court of Justice (CJEU) issued a preliminary ruling[1] on the interpretation of the disclosure obligation under the EU directive that harmonised national rules governing actions for damages for breaches of competition law in EU member states and the UK (the Damages Directive).[2]
In a judgment delivered on November 18, 2022 (the “Judgment”),[1] the Council of State partially upheld an appeal against a judgment of the Regional Administrative Tribunal of Lazio (the “TAR Lazio”) that had confirmed an ICA decision imposing a €2,817,890 fine on a company (MS) for an anticompetitive agreement in the corrugated cardboard packaging market (the “Decision”).[2] The Judgment is the first to be delivered in as many as 25 parallel appeals against the Decision.
In this episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by Olivier Guersent, Director-General of the EC’s Directorate-General for Competition.
Welcome to Cleary Gottlieb’s Antitrust Review – a podcast focused on antitrust enforcement, policy and practice.
In a complex and
On June 16, 2022, the Court of Justice set aside four judgments of the General Court and partially annulled the Commission’s decision in the Optical Disc Drives cartel case.[1]
In October 2021, Commissioner Vestager announced that the Commission was planning a series of dawn raids.[1] Since then, there has been an uptake in the number of dawn raids conducted across the EU.
On June 9, 2022, the Council of State upheld appeals submitted by Media Partners & Silva Limited and MP Silva S.r.l. (jointly, “MP Silva”), by partially dismissing bid-rigging fines imposed by the ICA for the assignment of broadcasting rights for football matches in countries other than Italy.[1]
On June 9, 2022 the Paris Court of Appeals partially reversed an FCA prohibition decision following an appeal by wine importer Distillerie Dillon SAS (“Distillerie Dillon”) and its parent companies Bardinet SAS and Compagnie Financière Européenne de Prises de Participation SA (together, the “Appellants”). The FCA decision, issued on October 29, 2020, sanctioned the Appellants as well as several wine producers and importers, including Champagne Nicolas Feuillatte (“CNF”), for participating in an exclusive importation system for champagne in several overseas French territories.
On May 10, 2022, the ICA accepted and made binding the commitments offered by the parties in an investigation concerning an alleged exchange of information in the direct sales of motor vehicle insurance policies. The alleged exchange took place between Italy’s leading companies offering price-comparison services (the “Comparators”) and 13 insurance companies (the “Insurance Companies”) and intermediaries (the “Intermediaries”; jointly, the “Parties”).[1]
On May 9, 2022, the Council of State delivered three judgments in annulment proceedings brought by the addressees of a 2019 ICA decision, which found 19 companies liable for participating in a cartel aimed at rigging a tender procedure in the facility maintenance sector in Italy (the “Decision”).[1]