On September 27, 2019, the FCO and the Federal Network Agency (“FNA”) jointly published guidelines on the control of the abuse of a dominant position in relation to electricity generation and wholesale trade (“Guidelines”).[1]
Monopolies Commission Publishes 7th Sector Report on Energy
On September 18, 2019, the Monopolies Commission published its biennial sector report on the development of competition in the German electricity and gas markets.[1] The report identifies three main areas of competition concerns: (i) monopolistic tendencies in connection with the expansion of e-mobility, (ii) insufficient competition for onshore wind energy tenders, and (iii) potential abusive pricing practices in electricity wholesale trading:
French Competition Authority Launches Consultation on Revised Merger Guidelines
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.