On January 11, 2023, the French Cour de cassation partly quashed a decision of the Paris Court of Appeals. The French Cour de cassation considered that the Paris Court of Appeals had rightly held that the provisions of the French Commercial Code on practices restricting competition apply in the context of subcontracting relations, but erred in its application of these provisions.[1]
In a ruling dated January 10, 2023, the French Cour de cassation quashed an order of the Paris Court of Appeals that had annulled the seizure of attorney-client communications during a consumer law dawn raid on the grounds that they were covered by “legal privilege,” thereby excluding the application of the concept under French law.[1] Although the case relates to alleged breaches of consumer law, its reasoning can be transposed to matters relating to competition law dawn raids.
On January 5, 2023, the U.S. Federal Trade Commission (“FTC”)proposed a rule that would prohibit employers from entering into non-compete agreements (“non-competes”) with workers and require them to rescind all existing non-competes by written notice.
On January 9, 2023, the French Competition Authority (“FCA”) opened an in-depth (“Phase 2”) investigation into the proposed creation, by Aéroports de Paris (“ADP”) and British caterer Select Service Partner (“SSP”), of a full-function joint venture for the operation of catering services at Paris-Orly and Paris Roissy-Charles de Gaulle airports.[1]
The recent Consolidated Appropriations Act of 2023 includes significant changes to the filing fees for Hart Scott Rodino Act filings.
December saw the Commission nearing the end of its investigations against Meta’s and Amazon’s alleged self-preferencing practices.
On December 15, 2022, Advocate General Rantos delivered his opinions in the European Super League (“ESL”) and International Skating Union (“ISU”) cases. Both cases concern the application of EU competition rules to sport governing bodies. Advocate General Rantos’ opinions suggest that sport governing bodies may prohibit third-party events and impose sanctions on the relevant participants as long as the governing bodies’ decisions are inherent and proportionate to achieving a legitimate objective relating to the “specific nature of sport” and the “European Sports Model.”[1]
In the latest episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews Andreas Mundt, President of the Bundeskartellamt.
On December 12, 2022, the Commission published Frequently Asked Questions and Answers (“Q&A”)[1] on the application of Article 22 of the EU Merger Regulation (“EUMR”). While this represents a step in the right direction, the Q&A fails to provide enough clarity given the ample discretion Article 22 EUMR affords the Commission in reviewing mergers that do not meet EU-level notification thresholds.
On December 9, 2022, the Commission launched a public consultation on its draft Implementing Regulation for the Digital Markets Act (“DMA”).[1] The draft DMA Implementing Regulation, with its two annexes, governs the notification process for gatekeepers, the submission to and assessment of information by the Commission, and access to file. The consultation ran until January 9, 2023 and 27 stakeholders submitted their observations. The Commission will now review the feedback it received and plans on adopting the DMA Implementing Regulation in the first quarter of 2023.