The Competition Appeal Tribunal (CAT) has granted a claim for damages by Achilles Information Limited (“Achilles”) against Network Rail Infrastructure Limited (“Network Rail”).[1] The Judgment is the CAT’s first damages award arising from a standalone claim since 2016,[2] and follows the CAT’s earlier finding that Network Rail had breached Chapter 1 and Chapter 2 of the Competition Act 1998 (the“Act”).[3]
In a ruling dated March 9, 2022, the Paris Court of Appeals partially quashed a 2019 judgment in which the Paris Commercial Court had held that Schneider Electric France was in a dominant position in certain markets for the supply of spare parts.
On February 23, 2022, the General Court dismissed UPS’ €1.7 billion claim for damages allegedly suffered due to the Commission’s prohibition of the proposed €5.2 billion merger between UPS and TNT Express (“TNT”). Although the General Court had previously annulled the Commission prohibition decision due to procedural deficiencies, it rejected UPS’ follow-on damages claim because UPS failed to demonstrate that it would have secured approval for the TNT transaction absent the procedural breach.[1]
On February 9, 2022, the General Court annulled another Commission decision rejecting an antitrust complaint, because the Commission failed to properly examine and address alleged systemic and generalized rule of law deficiencies in Poland which question the possibility of a fair trial before the Polish Competition Authority.[1]
On February 2, 2022, the General Court annulled a Commission decision rejecting an antitrust complaint against Gazprom, due to deficient Commission reasoning.[1]
On February 2, 2022, the General Court dismissed Scania’s trucks cartel appeal and essentially endorsed the Commission’s hybrid cartel procedure that bifurcates the Commission’s investigation into a settlement path with willing parties and an adversarial path with any hold outs.[1] The General Court was satisfied that the Commission examined all the facts and arguments that Scania (a non-settling party) brought before it afresh, and in particular, without relying on the facts or conclusions reached during the settlement procedure, which ensured a fair and impartial adversarial procedure.
On January 5, 2022, the Paris Court of Appeals annulled a €2 million damages award that the Paris Commercial Court ordered feminine hygiene products company Vania to pay Carrefour[1] as a result of its participation in a cartel in the body care sector, which resulted in maintaining artificially high prices between 2003 and 2006, and for which Vania was fined €45.03 million by the French Competition Authority (“FCA”) in 2014.
On December 22, 2021, the German Federal Cartel Office (“FCO”) published its annual review for 2021.[1] As done already on the occasion of the presentation of its Annual Report 2020/2021,[2] the FCO’s President, Andreas Mundt, emphasized again that the protection of competition in the digital economy remains one of the FCO’s top priorities. He underlined that also merger control will continue to serve as a key tool to achieve this goal. In addition, he pointed out that the FCO would welcome powers of intervention also with regard to infringements of consumer rights.
On 16 December 2021, the CAT published a notice of application brought by Mr. Justin Gutmann to commence collective proceedings