The UK competition authorities, and the Competition and Markets Authority in particular, have broad powers to investigate markets as a whole and impose remedies without any finding of unlawful conduct. The use of these powers has fluctuated over time but is again increasing. Over the last year, the CMA has opened three market studies, investigating the markets for Music Streaming, Children’s Social Care, and Mobile Ecosystems.
The ICA Accepts Commitments by Ania in Relation to an “Anti-fraud Project” in Life and Non-life Insurance
On September 21, 2021, the ICA accepted and made binding the commitments offered by the Italian National Association of Insurance Companies (the Associazione Nazionale fra le Imprese Assicuratrici or “ANIA”) regarding the implementation of its “anti-fraud project” in life and non-life insurance (the “Project”).[1]
The Paris Court of Appeals Upholds the Dismissal of Molotov’s Complaint Against Broadcasters TF1 and M6
On September 30, 2021, the Paris Court of Appeals upheld the FCA’s decision of April 24, 2020 (the “Decision”) to dismiss Molotov’s complaint regarding certain practices allegedly carried out by the two main private free-to-air television broadcasters in France, TF1 and M6. The Court held that, in line with the FCA’s findings, neither the evidence on file nor that adduced by the complainant were sufficient to establish any of the alleged infringements.
Justin Le Patourel v BT Group Plc
On 27 September 2021, the CAT issued its judgment on an application by the proposed Class Representative Mr Le Patourel, for a Collective Proceedings Order (CPO), and an application by BT (a) to strike out the claim pursuant to Rule 41(1) (b) of The Competition Appeal Tribunal Rules 2015 (the Rules) on the basis that there were no reasonable grounds for making it and/or (b) for summary judgment to dismiss the claim pursuant to Rule 43(1)(a) of the Rules on the basis that it had no real prospect of success.
The General Court Upholds the Commission’s Record Gun-jumping Fine in Altice
On September 22, 2021, the General Court dismissed Altice’s appeal against two fines totalling €124.5 million imposed by the Commission in 2018 (the “Decision”)[1] for exercising control over PT Portugal before the acquisition had received merger control clearance, i.e., gun-jumping.
The Cour de Cassation Dismisses All Grounds of Appeal in the French Courier Cartel Case
On September 22, 2021, the Cour de cassation upheld the 2018 judgement of the Paris Court of Appeals[1] which had confirmed the French Competition Authority (the “FCA”)’s infringement findings nonetheless reducing the amount of the financial penalties imposed on 21 companies in 2015.[2] This ruling closes a 13-year saga and provides a deep-dive analysis into the FCA’s fine calculation methodology.
The ICA Fines a Milan Radio Taxi Company for Non-compliance With a Previous Infringement Decision
In a decision issued on September 21, 2021,[1] the ICA fined Yellow Tax Multiservice S.r.l. (“Yellow Tax”) for non-compliance with a previous decision finding an infringement of Article 101 TFEU.
The Milan Court of Appeals Dismisses an Appeal in an Action for Damages for Alleged Abuse of Dominant Position and Abuse of Economic Dependence in the Audiovisual Sector
On September 21, 2021, the Milan Court of Appeal dismissed an appeal filed by Digital World Television (“DWT” or “Appellant”),[1] a company active in the distribution of audiovisual programs for adults, against the judgment delivered in 2019 by the lower court, which had also dismissed DWT’s claims for damages against Sky Italia (“Sky” or the “Defendant”) for an alleged abuse of dominant position and/or abuse of economic dependence.[2]
Commission Opens In-Depth Investigations Into Two Article 22 EUMR Upward Referral Cases
In March 2021, the Commission adopted a Communication (the “Guidance”)[1] on the application of the referral mechanism pursuant to Article 22 of the EU Merger Regulation (“EUMR”). The Guidance encourages national competition authorities (“NCAs”) to refer to the Commission certain transactions[2] that do not meet national merger control thresholds and would otherwise escape merger control review in the EU. The Commission had long discouraged the referral of such cases, considering that they were generally unlikely to have a significant impact on the internal market.
Elizabeth Helen Coll v Alphabet Inc. and Others
On 13 September 2021, the CAT published an application to commence collective proceedings under section 47B of the CA98 against Google alleging that it has abused dominant positions in breach of Article 102 of the Treaty on the Functioning of the European Union (TFEU) and the Chapter 2 Prohibition of the Competition Act.