On September 16, 2019, the French competition authority (“FCA”) launched a two-month public consultation on revised merger guidelines (“the draft guidelines”), which constitutes the final step of the modernization and simplification of merger control the FCA had initiated in the fall of 2017. This overhaul of the FCA’s merger control guidelines aims to extend the scope of the simplified procedure, update the 2013 guidelines with recent case law and the FCA’s exchanges with the European Commission and other national competition authorities, while reorganizing the guidelines and enriching them with examples. The public consultation was open until November 16, 2019. The new guidelines are scheduled to be adopted before the end of the year.
Access to File: The Tar Lazio Emphasizes the Boundary Between the Rights of Defense and the Right of Access to Leniency Applications
On September 16, 2019, the TAR Lazio rejected the application for annulment filed by MP Silva S.r.l. (“MP Silva”) against an ICA decision that had denied the applicant access to the file in an Article 101 TFEU investigation.[1]
Vigorous Antitrust Enforcement Likely To Continue During Margrethe Vestager’s Second Term as Competition Commissioner
Margrethe Vestager has been re-appointed as Commissioner for Competition for a second term. If her appointment is approved by the European Parliament, as is expected, she would be in line for a combined 10-year term, which would make her the longest-serving Competition Commissioner. In addition to the competition portfolio, Ms. Vestager will also take on responsibility for the “a Europe fit for the digital age” agenda, and has been designated as one of the executive vice-presidents of the Commission.
Roadmap For The Evaluation Of The Horizontal Block Exemption Regulations Open For Comments
The TAR Lazio Upholds an ICA Decision Rejecting a Request To Extend the Effects of a Judgment to an Addressee of a Previous Fining Decision Which Failed To Challenge It in Court
Lebedev Holdings Limited and Another v Secretary of State for Digital, Culture, Media and Sport
On 16 August 2019, the CAT ruled on the time limit for the Secretary of State to issue a PIIN (and make a Phase 2 reference) in respect of certain acquisitions of shares in Lebedev Holdings Limited (LHL) and Independent Digital News and Media (IDNM) (see Article above). LHL and IDNM argued that this had been made out of time.
Monopolies Commission Calls for Higher Quality Train Services and More Competition in the Railway Sector
On July 25, 2019, the German Monopolies Commission presented its 7th Sector Report on the German Railway market, assessing quality and competition in the industry.[1]
Commission Publishes 2018 Annual Activity Report
On July 15, 2019, the Commission published its annual report on competition policy, setting out the Commission’s main policy and legislative initiatives, and key decisions adopted in 2018.
The Paris Court of Appeals Rules That Undertakings May Challenge the Proportionality of Fines Imposed in Settlement Proceedings
On June 13, 2019, the Paris Court of Appeals ruled that an undertaking can challenge the proportionality of a fine set by the FCA within the range agreed with the Rapporteur Général during a settlement procedure.[1]
Court of Justice Annuls ICAP’s Cartels Fine Due to the Commission’s Failure to Sufficiently Explain Fine Calculation Methodology
On July 10, 2019, the Court of Justice upheld the General Court’s partial annulment of the Commission’s 2015 decision to fine the UK-based broker, ICAP, €14.9 million for facilitating a cartel in the Yen Interest Rate Derivatives (“YIRD”) market between 2007 and 2010, confirming that the Commission had failed to adequately explain its fine calculation.