In the latest instalment of Cleary’s Antitrust Review, host Nick Levy is joined by Dr. Jorge Padilla, one of Europe’s
The French Competition Authority fines French tobacco shops trade union for boycotting practices in the distribution of gambling games
In a decision dated September 26, 2023, the French Competition Authority (“FCA”) imposed a €750,000 penalty on the French tobacco shops trade union, the Confédération Nationale des Buralistes de France (“CNBF”),for boycotting practices (the “Decision”).[1] The FCA found that the trade union had sought to exclude rivals from the distribution of gambling games issued by La Française des Jeux (“FDJ”), the state-owned company responsible for operating the national lottery in France.
UK Parliament passes Online Safety Bill
On Tuesday 19 September, the House of Lords approved the Online Safety Bill (the OSB). This marks the end of the OSB’s passage through the legislative process, and after six years of heated debate, it is now set to become law.
The European Commission Revisits Intel: The Saga Continues
On September 22, 2023, the European Commission (“the Commission”) re-adopted parts of its 2009 Intel decision[1] and imposed a fine of €376 million on Intel for abusing its dominance in x86 central processing units (“CPUs”) through naked restrictions.[2] The re-adopted decision follows the General Court’s 2022 renvoi judgment, which overturned the €1.06 billion fine that the Commission had originally imposed on Intel in 2009.[3] It marks the latest—but certainly not the last—development in a saga spanning over 20 years.
CMA Publishes Initial Report on AI Foundation Models and Guiding Principles for Firms
On September 18, 2023, the UK Competition and Markets Authority (“CMA”) published an initial report on AI foundation models (“FMs”).
The French Competition Authority fines companies for colluding to fix nuclear dismantling tenders
Summary
On September 7, 2023, the French Competition Authority (“FCA”) imposed fines totaling €31.2 million on five companies active in the nuclear dismantling sector for colluding on tenders organized by the French Commission for Atomic Energy and Alternative Energies (Commissariat à l’Energie Atomique et aux Energies Alternatives, “CEA”) at a nuclear site in Marcoule, in the South of France.[1]
EC designates the first set of Gatekeepers under the Digital Markets Act
The Digital Markets Act (DMA) is a landmark piece of legislation granting unprecedented powers to the European Commission to regulate large digital platforms. The DMA targets platforms that operate as gatekeepers between businesses and users, hold an “entrenched and durable position,” and operate one or more core platform services (CPSs).
The Merger Control Review, Ed. 14 – European Union
Cleary Gottlieb partner Nicholas Levy and associates Anita Magraner Oliver and Conor Opdebeeck-Wilson co-authored the “European Union” chapter in The
UK Government Consults on Measures to Improve Price Transparency and Product Information for Consumers
On 4 September, the Department for Business and Trade launched a consultation on proposals designed to improve the quality and accessibility of information for consumers making purchases. The background to the consultation is: (i) the government’s review of the Price Marking Order 2004 (PMO), which implemented the EU Price Indications Directive and therefore now can be amended following Brexit, (ii) the CMA’s report on grocery unit pricing,[1] (iii) Government research into drip pricing and hidden fees,[2] and (iv) the Digital Markets, Competition and Consumers (DMCC) Bill, currently going through the legislative process in Parliament.
The French Cour de cassation dismisses Carrefour’s appeal in relation to its follow-on damage claim against Vania
On September 6, 2023, the French Supreme Court (“Cour de cassation”) upheld the Paris Court of Appeal’s judgment which had dismissed Carrefour’s damage claim against Vania Expansion (“Vania”) [1] following Vania’s participation in the home and personal care cartel.[2] The French Cour de cassation noted that it is up to the alleged victim to demonstrate that it has not passed on the overcharge to consumers.