On November 25, 2020, the FCA chose to depart from its long-standing decisional practice on intra- group bidding.[1] Following the European Court of Justice’s ruling in Ecoservice projektai,[2] the FCA concluded that intra-group bids to tenders no longer fall within the ambit of competition law.
Brand-gating: FCO Investigates Cooperation Between Amazon and Apple
In October 2020, the Federal Cartel Office (“FCO”) initiated an investigation against Amazon’s and Apple’s agreement to exclude non-authorized dealers from selling Apple products on the Amazon Marketplace.[1] While the FCO has not published a press release about the proceedings yet, the investigation is expected to focus on whether combatting product piracy justifies this practice.
Block Exemption Troubleshooting: How E-commerce Is Reshaping EU Antitrust Policy on Distribution Agreements
For more than a decade, the Vertical Block Exemption Regulation (“VBER”)[1] and the accompanying Guidelines on Vertical Restraints (“Guidelines”)[2] have been the essential point of reference for the assessment of resale and distribution arrangements[3] under EU antitrust rules. With the VBER set to expire in 2022, the Commission in 2018 launched a review process to determine whether it should let the regulation lapse, prolong, or revise it.[4] After almost two years of evaluation, stakeholder feedback, public consultations and dialogues with national authorities, on September 9, 2020, the Commission published its report summarizing the outcomes of the evaluation.[5] The report provides a detailed overview of the VBER’s shortcomings and points of strength, and paves the way for the possible introduction of a revised regulation within the next two years.
Roland (U.K.) Limited and Another v Competition and Markets Authority
On 1 September 2020, the CAT published an application by Roland (UK) Limited and Roland Corporation (together, Roland) against the level of the fine imposed by the CMA in its decision of 29 June 2020 finding that Roland had engaged in unlawful resale price maintenance (RPM).
FCO Initiates Sector Inquiry Into Electric Vehicle Charging Infrastructure
On July 9, 2020, the Federal Cartel Office (“FCO”) launched a sector inquiry on the provision and marketing of public charging infrastructure for electric vehicles.[1] While the market is still in its early phase and emerging, the FCO received multiple complaints about prices and conditions at charging stations.
Council of State Overturns TAR Lazio Judgments That Quashed an ICA Infringement Decision Regarding an Alleged Parallel Network of Anticompetitive Vertical Agreements Between Radio Taxi Companies and Drivers Active in Milan
On June 4, 2020,[1] the Council of State overturned TAR Lazio judgments that had upheld the appeals submitted by three radio taxi companies against an infringement decision issued by the ICA, regarding an alleged parallel network of anticompetitive vertical agreements between radio taxi companies and drivers active in Milan (the “Decision”).[2]
The Commission Launches its Public Consultation on the Review of the Vertical Block Exemption Regulation and Publishes a Roadmap for its Future Review of the Motor Vehicle Block Exemption Regulation
On June 2, 2020, the Commission published two inception impact assessments[1] and two public consultations which address two new policy initiatives: (1) a new market investigation tool (“new competition tool”);[2] and (2) a regulatory instrument that would ex ante govern large online platforms that act as gatekeepers with significant network effects in the European Union’s internal market.[3] These initiatives are part of the Commission’s wider efforts to modernize EU competition law in an era of digitalization. Stakeholders are invited to submit their comments up until September 8, 2020[4] and the impact assessments are expected to be submitted to the Regulatory Scrutiny Board of the Commission and be finalized in the fourth quarter of 2020.
The Commission Publishes Support Studies for the Evaluation of the Vertical Block Exemption Regulation
Following the Commission’s roadmap and launch of the public consultation process,[1] on May 26, 2020, the Commission published the final report[2] with support studies for the evaluation of the Vertical Block Exemption Regulation (the “VBER”).[3] The report is part of the Commission’s evaluation of the VBER, which is set to expire on May 31, 2022.
Advocate General Pitruzzella’s Opinion in Groupe Canal+: A Trailer for the First Annulment of Commitments by the Court of Justice?
On May 7, 2020, Advocate General (“AG”) Pitruzzella delivered his opinion on Canal+’s appeal against a 2016 Commission commitment decision in the context of its investigation into the cross-border provision of pay-TV services.[1] AG Pitruzzella concluded that by accepting Paramount’s commitments, the Commission breached the principle of proportionality because they ignored contractual rights of third parties. Should the Court of Justice (the “CJEU”) follow this opinion, the case may lead to the first annulment by the EU’s highest court of a Commission commitment decision since the adoption of Regulation No. 1/2003.
The French Competition Authority Imposes Record Fine on Apple for Vertical Practices and Abuse of Economic Dependence
On March 16, 2020, the FCA imposed a €1.1 billion fine on Apple for entering in anticompetitive agreements with its distributors and abusing the situation of economic dependency of its network of Apple Premium Resellers, issuing by far its highest fine ever. The decision follows a lengthy investigation initiated in 2012, when the then-largest French Apple Premium Reseller eBizcuss accused Apple of abusing its dominant position.