On May 18, 2021, the FCJ annulled a 2019 decision of the Düsseldorf Court of Appeal (“DCA”) and found the “narrow” most favored nation (“MFN”) clauses used by the hotel booking platform operator Booking Holdings (“Booking.com”) to be incompatible with EU and German competition law.[1]
Roland (U.K.) Limited and another v Competition and Markets Authority
On 19 April 2021, the CAT dismissed Roland’s appeal against a £4 million fine imposed by the CMA (see UK Competition Newsletter, August – September 2020). Roland appealed, alleging that the CMA’s fine overstated the seriousness of the infringement and that the CMA’s leniency discount had been too low.
FCO Terminated Proceedings After Liebherr Adjusted Requirements for Online Sales
Following the FCO’s intervention, Liebherr- Hausgeräte Vertriebs- und Service GmbH (“Liebherr”) dropped certain sales conditions which in the FCO’s preliminary view would have resulted in disadvantaging online sales compared to sales in brick-and-mortar shops.[1]
The Commission Withdraws Its 2019 Decision Imposing Binding Commitments in the PayTV Investigation
On March 31, 2021, the Commission withdrew its decision which made binding—under Article 9 of Regulation No 1/2003—commitments offered by NBCUniversal, Sony, TWDC, Twentieth Century Fox, Warner Bros and Sky in the cross-border access to pay-TV antitrust proceedings.[1] The withdrawal follows the annulment by the Court of Justice of the Commission’s commitments decision against Paramount and its parent company Viacom[2] (the “Paramount Commitments Decision”), who had offered essentially identical commitments to those offered by the parties in the present case.
Deutsche Post Commits to Abandon Rebate System for Newspaper Post
On February 26, 2021, the FCO closed its investigation of Deutsche Post AG’s (“Deutsche Post”) rebate scheme for addressed newspapers and magazines (“newspaper post”) after Deutsche Post adjusted its pricing policies.[1]
Lexon (UK) Limited v Competition and Markets Authority
On 25 February 2021, the CAT dismissed Lexon (UK) Limited’s (Lexon) appeal against a decision by the CMA
The French Cour de Cassation Confirms the Validity of FCA Dawn Raids Authorized on the Basis of Another Competition Authority’s Request for Investigative Measures
In a ruling dated February 17, 2021, the Cour de cassation dismissed an appeal formed against an order dated June 2019, in which the Paris Court of Appeals confirmed that the FCA could validly initiate an investigation and carry out dawn raids on the basis of a request for inspection issued by the competition authority of another EU Member State.
Game Over: Valve and PC Video Game Publishers Fined for “Geo-blocking” Practices
On January 20, 2021, the Commission imposed fines totaling €7.8 million on Valve, the owner of the video gaming platform Steam, and five PC video game publishers[1] for breaching Article 101 TFEU. The Commission found that the companies prevented gamers from activating certain PC video games purchased from sellers in eight Central and Eastern European Member States, where prices are generally lower than in other Member States (so-called “geo-blocking”).[2] This decision is a reminder of the Commission’s strict stance on cross-border sales restrictions.
The Council of State Upholds TAR Lazio Judgments That Set Aside ICA Decision on Serie A Championship TV Broadcasting Rights
In four judgments issued on December 28 to 30, 2020,[1] the Council of State upheld four rulings of the Lazio Regional Administrative Court (“TAR Lazio”),[2] which had set aside an infringement decision issued by the Italian Competition Authority (“ICA”) against the Italian top tier football league (Lega Nazionale Professionisti Serie A, “Lega”), its advisor Infront Italy S.r.l. (“Infront”), and TV broadcasters Sky Italia S.r.l. (“SKY”), Reti Televisive Italiane S.p.A. and its subsidiary Mediaset Premium S.p.A. (jointly, “Mediaset”; together with Lega, Infront and Sky, the “Parties”), regarding an alleged anticompetitive agreement to alter the award of TV broadcasting rights for Lega’s 2015-2018 seasons (the “ICA Decision”).[3] The Council of State confirmed that the ICA failed to prove that broadcasters colluded with Lega and Infront over the assignment of broadcasting rights.
The French Competition Authority Fines Dammann FRères Tea for Imposing Resale Prices on Its Online Retailers
On December 3, 2020, the French competition authority (“FCA”) imposed a fine of €226,000 on Dammann Frères (“Dammann”), a producer of gourmet tea, for imposing resale prices on its online retailers.