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).
Topics
Lucchini Fails to “Free-ride” on Other Cartels Participants’ Successful Appeals
By Cleary Gottlieb on
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]
FCO Blocks Heidelberger Druckmaschinen’s Acquisition of MBO Group
By Cleary Gottlieb on
On May 7, 2019, after an in-depth investigation, the FCO prohibited Heidelberger Druckmaschinen AG’s acquisition of sheet folding machine manufacturer MBO Maschinenbau Oppenweiler Binder GmbH & Co. KG (“MBO Group”).[1] Based on an extensive market investigation, with a particular emphasis on customer feedback, the FCO found that the merger would have created a dominant position for Heidelberger Druckmaschinen AG and significantly impeded competition in the market for the manufacture and distribution of sheet folding machines for industrial printing processes.
Media Saturn and Others v Toshiba; Media Saturn and Others v Panasonic
By Cleary Gottlieb on
These two linked claims seek to recover damages incurred as a result of alleged anti-competitive conductconcerning the sale of cathode ray tubes (“CRTs”).
Advocate General Tanchey Recommends Dismissing the Commission’s Appeal in Icap
By Cleary Gottlieb on
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.
CMA’s Use of Director Disqualification Powers Reflects Renewed Focus On Individual Responsibility
By Cleary Gottlieb on
In May 2019, the CMA obtained competition disqualification undertakings (“CDUs”) from three individuals for involvement in a cartel relating to…
The TAR Lazio Quashes Two Infringement Decisions by the ICA Regarding an Alleged Parallel Network of Anticompetitive Vertical Agreements Between Radio Taxi Companies and Drivers Active in Rome and Milan
By Cleary Gottlieb on
The Commission Accepts Visa and Mastercard Commitments That End Decade-long Antitrust Row About Multi-lateral Interchange Fees
By Cleary Gottlieb on
Following the Commission’s market test of Visa’s and Mastercard’s commitments offered on April 29, 2019, as reported in our December 2018 newsletter, the Commission accepted the companies’ commitments to cap their inter-regional multi-lateral interchange fees (“MIFs”).[1] The commitments put an end to the first publically reported probe into inter-regional MIFs by any antitrust authority worldwide, which was opened by the Commission in 2013.
Strident Publishing Limited v Creative Scotland
By Cleary Gottlieb on
On 17 April 2020, the CAT handed down its preliminary issue judgment on whether the defendant, Creative Scotland, constitutes an undertaking for the purposes of the Competition Act 1998. The issue arose in a claim by Strident Publishing Limited, a small independent book publisher, for an alleged abuse of dominance by Creative Scotland in breach of the Chapter 2 prohibition, by providing “investment finance” to publishers of literary works.
The ICA Fines Bid-Rigging Practices in Facility Maintenance Services in Italy
By Cleary Gottlieb on
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.