On May 16, 2019, the French Conseil constitutionnel validated most of the provisions of the law on business growth and transformation (“loi relative à la croissance et la transformation des entreprises” or “PACTE law”), but deemed that the provisions relating to the transposition of the ECN+ directive into French law violated the Constitution.
The Conseil Constitutionnel Validates Provisions Enabling the French Competition Authority to Request Access to Telephone Data From Companies’ Employees
By Cleary Gottlieb on
On May 16, 2019, the Conseil Constitutionnel issued a decision on the conformity with the French Constitution of various provisions of the Law on the growth and the transformation of companies (“Loi Pacte”).[1] The Conseil censured several provisions of that law for the lack of connection with the initial bill. These included in particular Article 211, which provided the Government with the power to transpose the directive ECN+ into French law, and adopt various measures meant to strengthen the efficiency of procedures implemented by the FCA.
The Commission Fines Five Banks Over €1 Billion for Participating in Two Foreign Exchange Spot Trading Cartels
By Cleary Gottlieb on
On May 16, 2019,[1] the Commission announced that it had adopted two settlement decisions implicating a total of six banks and confirming their participation in two separate foreign exchange spot trading cartels in breach of Article 101 TFEU.
The General Court Dismisses Recylex’s Appeal Against Buyer Cartels Fine
By Cleary Gottlieb on
On May 14, 2019, the General Court dismissed Recylex’s application for annulment of a Commission decision that imposed a fine on Recylex for its participation in a buyer cartel in the battery recycling sector.[1]
Commission Opens Investigation Into Data Sharing by Irish Industry Association
By Cleary Gottlieb on
On May 14, 2019, the Commission announced the opening of an investigation into Insurance Ireland, an industry association of Irish insurers that includes Allianz, Hertz, Liberty, AIG, and AXA. Insurance Ireland is suspected of impeding prospective members’ access to its “Insurance Link” data pool.[1]
The Commission Fines Ab Inbev €200 Million for Abusing Its Dominance on the Belgian Beer Market by Restricting Cross-border Sales
By Cleary Gottlieb on
On May 13, 2019, the Commission fined AB InBev €200 million for abusing its dominant position on the Belgian beer market by restricting the ability of Belgian customers to purchase cheaper products from the neighboring Netherlands between February 9, 2009, and October 31, 2016.[1] The Commission’s investigation commenced on June 30, 2016, just a month after it had concluded an in-depth examination of several EU beer markets, including Belgium, in its merger review of AB InBev/SABMiller (“SABMiller Decision”).[2]
FCO Rapporteurs’ Opinions Protected From Access
By Cleary Gottlieb on
On May 9, 2019, the German Federal Administrative Court (“FAC”) ruled that access to the preparatory notes (so-called “opinions”) of the rapporteurs of the FCO’s decision divisions under the German Freedom of Information Act is restricted, because public access to the rapporteurs’ opinions would jeopardize the decision divisions’ deliberation process.[1] The FAC thus ultimately confirmed the FCO’s denial of a journalist association’s access request to information on one of the FCO’s merger assessments, including access to the rapporteur’s opinions.
FCO Rapporteurs’ Opinions Protected From Access
By Cleary Gottlieb on
On May 9, 2019, the German Federal Administrative Court (“FAC”) ruled that access to the preparatory notes (so-called “opinions”) of the rapporteurs of the FCO’s decision divisions under the German Freedom of Information Act is restricted, because public access to the rapporteurs’ opinions would jeopardize the decision divisions’ deliberation process.[1] The FAC thus ultimately confirmed the FCO’s denial of a journalist association’s access request to information on one of the FCO’s merger assessments, including access to the rapporteur’s opinions.
Wolseley and Others v Fiat Chrysler and Others
By Cleary Gottlieb on
This case is one of seven sets of ongoing proceedings against addressees of the July 2016 European Commission decision which fined participants in a truck manufacturing cartel (the so-called “Trucks” cases).
Lucchini Fails to “Free-ride” on Other Cartels Participants’ Successful Appeals
By Cleary Gottlieb on
On May 8, 2019, the General Court held that cartel participants that do not appeal a Commission infringement decision cannot seek reimbursement of fines paid where that decision is annulled in proceedings to which they were not a party.[1]