On April 15, 2021,[1] the Court of Justice confirmed the General Court judgment[2] upholding the Commission’s 2015 decision in the retail food packaging cartel which found Italmobiliare jointly and severally liable for the participation of its subsidiary Sirap-Gema.
OTC Computers Limited (In Liquidation) v Infineon Technologies AG and Micron Europe Limited
On 14 April 2021, the Court of Appeal dismissed an appeal by Infineon and Micron against a High Court judgment
The Court of Justice’s Lundbeck Ruling Finds Nothing New Under the Sun for By-object Restrictions
On March 25, 2021, the Court of Justice dismissed the appeals of H. Lundbeck A/S and Lundbeck Limited (“Lundbeck”), as well as of certain generic drugmakers (“generics”),[1] against the General Court judgments upholding the first-ever so-called pay-for-delay Commission decision.
The French Competition Authority Fines Leading Manufacturers of Industrial Sandwiches €24 Million for Entering Into an Anticompetitive Agreement
On March 24, 2021, the FCA sanctioned[1] three manufacturers of industrial sandwiches sold under private labels, La Toque Angevine (“LTA”), Daunat, and Roland Monterrat, for fixing prices and market allocation in France.
Pometon v. Commission: The Court of Justice Sheds Light on the Principle of Equal Treatment and the Presumption of Innocence in Hybrid Cartels Settlements
On March 18, 2021, the Court of Justice ruled on Pometon SpA (“Pometon”)’s appeal against the General Court’s judgment in the steel abrasives[1] hybrid cartel settlement case. The Court of Justice ruled that the General Court had breached the principle of equal treatment when recalculating the fine imposed on Pometon by the Commission in 2016, the only non-settling party in this case. The Court of Justice therefore further reduced Pometon’s fine to €2.6 million, imposing an approximate 60% discount on the original fine calculated by the Commission.[2]
The Council of State Turns to the ECJ Again in the Roche-Novartis Case
On March 15, 2021, the Council of State delivered a non-final judgment (the “New Judgment”) dismissing in part, on procedural grounds, the applications brought by F. Hoffmann-La Roche Ltd. and Roche S.p.A. (“Roche”), as well as Novartis Farma S.p.A. and Novartis AG (“Novartis”; jointly, the “Parties”), for the revocation of a 2019 judgment of the same court (the “2019 Judgment”).[1] By the 2019 Judgment, the Council of State upheld the ruling of the Lazio Regional Administrative Court (the “TAR Lazio”) as well as the 2014 ICA decision fining the Parties for their participation in an alleged cartel (as described below; the “ICA Decision”).[2]
Paccar Inc. and Others v Road Haulage Association and Others
On 5 March 2021, the Court of Appeal rejected an appeal by truck manufacturers in Paccar Inc. and others v Road Haulage Association and others against the Competition Appeal Tribunal (CAT)’s preliminary ruling of 18 October 2019. The preliminary ruling concerned the funding arrangements of two related applications by UK Trucks Claim Ltd and the Road Haulage Association for collective proceeding orders on behalf of trucks purchasers.
The French Competition Authority Fines Vinci Group for Bid Rigging in a Public Tender for Building Maintenance in the City of Lille
On March 4, 2021, the FCA fined Santerne Nord Tertiaire (“Santerne”), a Vinci group subsidiary, a total of €435,000 for bid rigging in a public tender for building maintenance in the city of Lille.[1]
The French Cour de Cassation Confirms That a Company May Be Considered To Participate in a Cartel as Long as the Other Colluding Firms Believe In Its Involvement
The Court of Justice Expands the Rebuttable Presumption of Decisive Influence in Cartels Cases
On January 27, 2021,[1] the Court of Justice confirmed a 2018 General Court judgment,[2] upholding a 2014 Commission decision which found Goldman Sachs jointly and severally liable, together with its former subsidiary Prysmian, for Prysmian’s participation in a cartel. The judgment strengthens the parental liability doctrine with potential implications for financial investors.