On February 10, 2021 the FCJ annulled a decision by which the Schleswig Court of Appeal (“SCA”) had denied jurisdiction over the injunction claims of Hotel Wikingerhof’s (“Wikingerhof”) against the Dutch hotel booking platform operator Booking.com and remanded the case back to the SCA.[1]
Topics
CMA Digital Markets Strategy Refresh
By Cleary Gottlieb on
The CMA published a “refresh” of its Digital Markets Strategy (DMS II) on 9 February 2021. The first iteration (DMS I) was published in June 2019 but the CMA explains that “much has changed” in the interim, not least “significant developments in the political and regulatory landscape for digital markets.”
Volvo Secures Unconditional Clearance of Fuel-cell Joint Venture With Daimler
By Cleary Gottlieb on
On February 5, 2021, the Commission unconditionally cleared the creation of a joint venture (“JV”) between the Volvo Group (“Volvo”) and Daimler Truck AG (“Daimler”).[1] The JV will be active in the relatively novel, but rapidly evolving, hydrogen fuel-cell technology sector, which promises a “green” future in particular for transport.[2]
The EU Commission Unconditionally Clears a Fuel-Cell Joint Venture Aiming to Achieve Climate-Neutral and Sustainable Transportation (Volvo/Daimler)
By Antoine Winckler on
Cleary Gottlieb partner Antoine Winckler and associate Daniela Weerasinghe authored the article, “The EU Commission Unconditionally Clears a Fuel-Cell Joint Venture Aiming to Achieve Climate-Neutral and Sustainable Transportation (Volvo/Daimler),” which was published by Concurrences.
The Technology, Media, and Telecommunications Review, 11th Edition
By Marco D'Ostuni, Marco Zotta & Riccardo Tremolada on
Cleary Gottlieb partner Marco D’Ostuni, senior attorney Marco Zotta, and associate Riccardo Tremolada authored the “Italy” chapter in the 11th edition of The Technology, Media and Telecommunications Review, published by The Law Reviews.
The Council of State Partially Reinstates an ICA Decision Fining Railway Companies for Dilatory Tactics
By Cleary Gottlieb on
In a judgment issued on February 2, 2021,[1] the Council of State confirmed that Rete Ferroviaria Italiana S.p.A. (the Italian railway network manager, “RFI”) and Trenitalia S.p.A. (an Italian railway transport operator, “Trenitalia”) abused market dominance by engaging in dilatory tactics in the context of proceedings with the competent authorities, thus hindering access of a new entrant, Arenaways S.p.A. (“Arenaways”), to the railway passenger transport sector.
The Council of State Partially Reinstates an ICA Decision Fining Railway Companies for Dilatory Tactics
By Cleary Gottlieb on
In a judgment issued on February 2, 2021,[1] the Council of State confirmed that Rete Ferroviaria Italiana S.p.A. (the Italian railway network manager, “RFI”) and Trenitalia S.p.A. (an Italian railway transport operator, “Trenitalia”) abused market dominance by engaging in dilatory tactics in the context of proceedings with the competent authorities, thus hindering access of a new entrant, Arenaways S.p.A. (“Arenaways”), to the railway passenger transport sector.
Phones4U (In Administration) v. EE, Deutsche Telekom, Orange, Vodafone, Telefonica and Telefonica O2
By Cleary Gottlieb on
On 2 February 2021, the Court of Appeal rejected an appeal by several mobile network operators (MNOs) to overturn disclosure orders that the MNOs’ executives’ personal devices and communications be examined by independent IT experts. Phones4U entered administration in 2014, following the termination of its contracts with several important commercial partners, including the defendant MNOs, from January 2013 onwards.
Hanover Court Dismissed Claims in Sugar Cartels for Lack of Standing
By Cleary Gottlieb on
On February 1, 2021, the Hanover Regional Court dismissed a claim brought by special purpose vehicle Retail Cartel Damage Claims SA (“CDC”) against sugar manufacturers Nordzucker AG, Südzucker AG and Pfeifer & Langen GmbH & Co. KG, on the basis that the CDC had no standing to sue.[1]
The French Competition Authority Unconditionally Clears Engie’s Acquisition of a Stake in Hydrogen Producer and Distributor DMSE, Factoring in Growing “Green” Demand
By Cleary Gottlieb on
On January 29, 2021, the French Competition Authority (“FCA”) unconditionally cleared Engie’s acquisition, through its subsidiary Storengy, of a controlling stake in Dijon Métropole Smart EnergHy (“DMSE”), a joint venture between Dijon Métropole and the Rougeot group specialized in the production and distribution of hydrogen.[1] The FCA cleared the concentration even though the combined entity will become the first and sole operator producing and distributing hydrogen in the Dijon area.