On April 11, 2019, the Federal Cartel Office (“FCO”) published its final report on its sector inquiry into comparison websites.[1] This inquiry marked the first time that the FCO had analyzed a sector on the basis of its consumer protection competencies that have only recently been created. It clearly emphasized the agency’s ambition to expand its enforcement authority also into this area. Overall, the FCO came to the conclusion that several comparison portals infringed consumer rights in particular by providing misleading or incomplete information to consumers.
Refusal to Supply Essential Information: The ICA Fines Legal Monopolist in the Local Public Transport Sector
On April 10, 2019, the Italian Competition Authority (“ICA”) levied a fine of € 1.1 million on SAD – Trasporto Locale S.p.A. (“SAD”), a company entrusted by the Autonomous Province of Bolzano (“APB”) with the provision of suburban public passenger land transport services in the Bolzano area, for an alleged infringement of Article 102 TFEU.[1] According to the ICA, SAD abused its dominant position on the local market for suburban public passenger land transport services, by refusing to provide the APB with information necessary to carry out a public tender procedure for the assignment of transport services in the Alto Adige region.
Dixon/Europcar v Mastercard
On 9 April 2019, the CAT granted Mastercard partial permission to appeal the CAT’s February 2019 judgment. In that judgment…
The General Court Dismisses Qualcomm’s Challenge of a Commission Request for Information
On April 9, 2019, the General Court dismissed Qualcomm’s application for annulment of a Commission decision of March 31, 2017, requiring Qualcomm to provide information in the context of an antitrust probe.
Hearing Officer Rules That Statements Made by Former Commissioner Almunia Did Not Breach the Presumption of Innocence in Euribar Proceedings
On April 9, 2019, the Commission published the Final Report of the Hearing Officer on procedural issues relating to its 2016 decision in the Euribor case, in which it fined Crédit Agricole, HSBC and JPMorgan Chase a total of €485 million for participating in a cartel in euro interest rate derivatives.
The Commission Fines General Electric €52 Million For Providing Incorrect Information During Merger Review
On April 8, 2019, the Commission fined General Electric (“GE”) €52 million for providing incorrect information during its 2017 investigation of GE’s acquisition of Danish wind turbine blade manufacturer LM Wind Power Holdings A/S (“LM Wind”).
DCA Annuls Carlsberg’s Fine in German Beer Cartels
On April 5, 2019, the DCA annulled a €62 million fine that the FCO had imposed on Carlsberg Deutschland GmbH (“Carlsberg”) in 2014 for its participation in price-fixing agreements in 2006 (draught beer) and 2008 (draught and bottled beer) in Germany.[1] In addition to Carlsberg, the FCO had fined ten other breweries, one trade association and 14 individuals in the total amount of €338 million (including Carlsberg’s fine).[2]
The Commission Issues a Statement of Objections Over Geo-Blocking Arrangements for Video Games
On April 5, 2019, the Commission sent a Statement of Objections (“SO”) to Valve, the owner of the video game distribution platform Steam, as well as five video game publishers[1] whose video games are distributed by Valve. The SO sets out the Commission’s concerns that the companies have prevented customers from purchasing PC video games online from sellers in certain Member States in Central and Eastern Europe[2] where prices are lower (so-called “geo-blocking”).
The Commission Issues a Statement of Objections to BMW, Daimler, and Volkswagen for Colluding To Equip Vehicles With Inferior Emissions Control Equipment
On April 5, 2019, the Commission issued a Statement of Objections (“SO”) to BMW, Daimler, and Volkswagen (“VW”) alleging that the car manufacturers conspired to halter the development of clean emissions technology for passenger cars running on petrol and diesel.[1]
Stuttgart Court of Appeals Rules on the Beginning of the Suspension of Limitation Periods
On April 4, 2019, the Stuttgart Court of Appeals confirmed the Stuttgart Regional Court’s judgment that found Daimler liable for damages as a result of its participation in the Trucks Cartel.[1] In particular, the Stuttgart Court of Appeals held that the limitation period for damages arising from the Trucks Cartel had been suspended as of the European Commission’s (“EC”) dawn raid of the defendant’s premises in 2011.