On 14 April 2021, the Court of Appeal dismissed an appeal by Infineon and Micron against a High Court judgment
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Rome Court of Appeal Dismisses Appeal on a Follow-on Action for Damages and Orders the Incumbent in the Italian Electronic Communications Sector To Pay Approximately €5 Million in Damages
By Cleary Gottlieb on
On April 13, 2021, the Rome Court of Appeal rejected the appeal brought by Telecom Italia S.p.A. (“TIM”) against a judgment of the Court of Rome in a follow-on action for damages.[1] The Court of Rome had ordered TIM to pay COMM 3000 S.p.A. (formerly KPNQwest S.p.A., “COMM 3000”) approximately €8 million in damages for alleged abuse of dominant position in the market for the provision of wholesale access services. The ICA had imposed a fine for the alleged abuse in 2013.[2]
FCO Terminated Proceedings After Liebherr Adjusted Requirements for Online Sales
By Cleary Gottlieb on
Following the FCO’s intervention, Liebherr- Hausgeräte Vertriebs- und Service GmbH (“Liebherr”) dropped certain sales conditions which in the FCO’s preliminary view would have resulted in disadvantaging online sales compared to sales in brick-and-mortar shops.[1]
Effective Pricing in Spectrum Auction Design: Optimal Auctions out of Thin Air
By Marco D'Ostuni & Riccardo Tremolada on
Cleary Gottlieb partner Marco D’Ostuni and associate Riccardo Tremolada authored the article “Effective Pricing in Spectrum Auction Design: Optimal Auctions out of Thin Air,” which appeared in the international law blog Regulating for Globalization, published by Wolters Kluwer.
Merger Control in Italy: Overview
By Saverio Valentino & Giovanna Ciccioli on
Cleary Gottlieb senior attorney Saverio Valentino and associate Giovanna Ciccioli co-authored the Q&A guide, “Merger Control in Italy: Overview,” which was published by Thomson Reuters.
Restraints of Trade and Dominance in Italy: Overview
By Marco D'Ostuni & Giovanna Ciccioli on
Cleary Gottlieb partner Marco D’Ostuni and associate Giovanna Ciccioli co-authored the Q&A guide “Restraints of Trade and Dominance in Italy: Overview,” which was published by Thomson Reuters.
Air Canada Grounds Plans To Acquire Transat Facing Headwinds From the European Commission
By Cleary Gottlieb on
On April 2, 2021, Air Canada announced that it had abandoned its plan to acquire Transat, a competing operator in the market for air transport services between Canada and the EEA. The deal was notified on April 16, 2020 and after one year of discussions and repeated suspensions of the investigation by the Commission, Air Canada decided to abandon the €127 million deal.
The Conseil d’Etat Holds That It Is Not Competent To Hear an Objection Against an FCA’s Referral of a Merger to the Commission
By Cleary Gottlieb on
On April 1, 2021 the Conseil d’Etat ruled that it lacks jurisdiction to review a French Competition Authority (“FCA”) decision referring a contemplated merger to the European Commission (“Commission”) under Article 22 of the EU Merger Regulation (“EUMR”).[1]
The Commission Withdraws Its 2019 Decision Imposing Binding Commitments in the PayTV Investigation
By Cleary Gottlieb on
On March 31, 2021, the Commission withdrew its decision which made binding—under Article 9 of Regulation No 1/2003—commitments offered by NBCUniversal, Sony, TWDC, Twentieth Century Fox, Warner Bros and Sky in the cross-border access to pay-TV antitrust proceedings.[1] The withdrawal follows the annulment by the Court of Justice of the Commission’s commitments decision against Paramount and its parent company Viacom[2] (the “Paramount Commitments Decision”), who had offered essentially identical commitments to those offered by the parties in the present case.
ICA Fully Dismisses Allegations of an Abuse of a Dominant Position in the Market for Maintenance of High-tech Diagnostic Imaging Devices
By Cleary Gottlieb on
On March 30, 2021, the Italian Competition Authority (the “ICA”) closed an investigation against three equipment manufacturers in the market for maintenance of high-tech diagnostic imaging devices, without finding any abuse of dominant position. The ICA found that the evidence collected during the investigation did not allow to confirm the allegations put forward at the beginning of the investigation.[1]