On June 7, 2021, the FCO cleared the merger between Charité – Universitätsmedizin Berlin (“Charité”) and the “Deutsches Herzzentrum Berlin” (“DHZB”), thus allowing the establishment of the “Deutsches Herzzentrum der Charité”.[1]
Topics
Westover Ltd v Mastercard Inc.
By Cleary Gottlieb on
On 7 June 2021, the CAT ruled on the preliminary issue of whether English or Italian law governs claims made by claimant companies incorporated in Italy (the Italian Claimants). The broader claim relates to an Article 101 TFEU infringement decision concerning default multilateral interchange fees (MIFs) set by Mastercard and Visa.
Facebook: The New Kid on the EC Block
By Cleary Gottlieb on
On June 4, 2021, the Commission[1] and the UK Competition and Markets Authority (“CMA”)[2] announced parallel investigations concerning Facebook Marketplace. The Commission will investigate at least two potential theories of harm: (i) the potential misuse of data gathered by Facebook, in particular from advertisers, in order to compete with them in other markets where Facebook is active (e.g., in classified ads with Facebook Marketplace); and (ii) the potential tying of Marketplace to Facebook’s social network. Although formally independent, the CMA’s investigation will focus on similar concerns[3] and both authorities announced they would collaborate closely.[4]
Dr. Rachael Kent v Apple Inc. and Apple Distribution International Ltd
By Cleary Gottlieb on
On 4 June 2021 the CAT published an application to commence collective proceedings under section 47B of the Competition Act 1998 against Apple Inc. and Apple Distribution International Ltd (Apple). The application alleges that Apple has abused a dominant position in breach of Article 102 of the TFEU and the Chapter II prohibition of the Competition Act.
The Battery Recycling Buyer Cartels: Recylex’s “Recycled Facts” Not Sufficient for Partial Immunity
By Cleary Gottlieb on
The Optical Disk Drive Cartels (AG Pitruzzella): Violation of Defense Rights to No Avail for Fine Reduction
By Cleary Gottlieb on
On June 3, 2021, Advocate General Pitruzzella delivered an Opinion in the Optical Disk Drives case, finding that the Commission breached the appellants’ rights of defense, but that the fines imposed should nevertheless stand.[1]
Facebook Offers Commitments To Address Competition Concerns in the Online Advertising Sector
By Cleary Gottlieb on
On June 3, 2021, the French Competition Authority (the “FCA”) launched a public consultation to assess the adequacy of the commitments (the “Commitments”) offered by Facebook Inc., Facebook Ireland Ltd, and Facebook France (together, “Facebook”) as part of the FCA’s investigation into allegedly abusive online advertising practices by Facebook.
International Competition Policy Cooperation in Times of Trade Tension: A Proposal for EU Action
Cleary Gottlieb partner François-Charles Laprévote authored the article, “International Competition Policy Cooperation in Times of Trade Tension: A Proposal for EU Action,” which was published by Concurrences.
The Commission Re-adopts and Amends the YIRD Cartels Decision Against ICAP, Halving the Total Fine
By Cleary Gottlieb on
On July 10, 2019, the Court of Justice upheld the General Court’s partial annulment of the Commission’s 2015 decision to fine ICAP c. €15 million for facilitating a cartel in the Yen Interest Rate Derivatives (“YIRD”) market between 2007 and 2010.[1]
Sabre Corporation v Competition and Markets Authority
By Cleary Gottlieb on
On 21 May 2021, the CAT dismissed Sabre’s challenge of the CMA’s decision to block its proposed acquisition of Farelogix.…