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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]

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.

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.

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.

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.

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.

On January 28, 2021, the Court of Justice upheld the General Court’s ruling that the Commission’s request for information (“RFI”) issued during its predatory pricing investigation of Qualcomm was necessary and proportionate.[1] The judgment further strengthens antitrust authorities’ broad discretion in deciding on the scope of RFIs.

On January 27, 2021, the Commission published its decision to conditionally approve Novelis’ acquisition of Aleris, two suppliers of flat-rolled aluminum sheets.[1]

The Commission pushed the boundaries of its own powers in merger control proceedings, both in terms of substance and procedure. With respect to substance, the Commission introduced in its decision a new theory of harm for the competitive analysis of transactions, particularly with respect to markets affected by significant capacity constraints. From a procedural standpoint, the Commission adopted far-reaching measures to enforce the commitments that had been offered– and eventually infringed–by the parties to the transaction.