Cleary Gottlieb partners Romano Subiotto QC and Robbert Snelders, in collaboration with our Antitrust practice, are thrilled to present
Dune Shoes Ireland Limited & Others v Visa Europe Limited & Others
On 26 November 2021, the CAT ruled on eight sets of proceedings associated with the Mastercard or Visa payment cards schemes. The card schemes are alleged to have set multilateral interchange fees (MIFs) for their schemes at anticompetitive levels and therefore infringed Article 101 and/or 102 of the Treaty on the Functioning of the European Union (TFEU) and the Chapter 1 and/or 2 Prohibition of the Competition Act 1998.
The Paris Court of Appeals Overrules Paris Commercial Court’s Dismissal of Follow-on Damage Claim in the Dairy Products Case
On November 24, 2021, the Paris Court of Appeals overruled the Paris Commercial Court’s dismissal of the follow-on damage claim brought by two supermarket chains in the dairy products case.[1] The Court of Appeals considered that the applicants had sufficiently substantiated the economic assessment of their harm. It also considered that they had only partially passed on the additional costs and therefore could claim damages for the costs that had not been passed on to consumers.
Ryder Limited And Another v MAN SE & Others
On 19 November 2021, the CAT published a ruling on disclosure in the case of Ryder Limited and another v MAN SE and others, one of several actions being brought against truck manufacturers following the European Commission’s trucks cartel decision. Ryder sought disclosure of an unredacted extract from Iveco’s Statcom system (used to calculate the expected net profitability of each truck sold and to update its finance and accounting system).
COVID-19, Green And Digital Transition, European Single Market: The Commission Outlines The New Challenges Facing EU Competition Policy
On November 18, 2021, the Commission published its communication entitled “a competition policy fit for new challenges” (the “Communication”).[1] The Communication identifies several areas where an adjusted competition policy could help overcome new challenges the European economy is facing. In particular, the Communication discusses competition policy’s role in Europe’s economic recovery from the COVID-19 pandemic, in supporting the European green[2] and digital transition,[3] and in strengthening the Single market’s resilience.
CAT Publishes Five Notices of Appeal Challenging CMA’s Hydrocortisone Tables Infringement Decision
The Court of Naples Again Awards Antitrust Damages Quantified on an Equitable Basis in Follow-on Litigation Stemming From the EU “Trucks” Case
On October 20, 2021, the Court of Naples upheld a claim for damages filed by an Italian logistics company (the “Applicant”), on the basis of a European Commission decision of July 2016,[1] against truck manufacturer Iveco S.p.A. (“Iveco”), in connection with the plaintiff’s purchase of numerous trucks from the defendant. According to the European Commission decision, Iveco and four other truck manufacturers colluded for over 13 years on truck pricing and on the costs of compliance with emission rules (the “EC Decision”).[2]
The Italian Supreme Court Declares Inadmissible as Manifestly Unfounded an Appeal Against a Judgment on a Follow-on Claim for Damages Regarding an Alleged Abuse of a Dominant Position on the Market for Gas Distribution
On October 4, 2021, the Italian Supreme Court (the “Supreme Court”)[1] confirmed a judgment of the Florence Court of Appeal, which had upheld the damages claim of Pace Strade s.r.l. (“Pace Strade”) against Toscana Energia S.p.A. (“Toscana Energia”).
The Milan Court of Appeals Dismisses an Appeal in an Action for Damages for Alleged Abuse of Dominant Position and Abuse of Economic Dependence in the Audiovisual Sector
On September 21, 2021, the Milan Court of Appeal dismissed an appeal filed by Digital World Television (“DWT” or “Appellant”),[1] a company active in the distribution of audiovisual programs for adults, against the judgment delivered in 2019 by the lower court, which had also dismissed DWT’s claims for damages against Sky Italia (“Sky” or the “Defendant”) for an alleged abuse of dominant position and/or abuse of economic dependence.[2]
The Paris Court of Appeals Overturns French Competition Authority Decision Sanctioning Betting Operator for Non-compliance With Unbundling Commitments
On September 2, 2021,[1] the Paris Court of Appeals annulled in its entirety a decision issued by the FCA in April 2020, which fined betting operator Pari Mutuel Urbain (“PMU”) for non-compliance with unbundling commitments that had been made mandatory in 2014[2]. The Court held that, contrary to the FCA’s findings, PMU had been consistently complying with its commitments. The 900 million euros fine imposed on PMU was consequently annulled.