On December 11, 2018, the German Federal Court of Justice (“FCJ”) held that, at least in relation to quota fixing and customer allocation cartels, plaintiffs could no longer rely on prima facie evidence to establish that a cartel infringement led to causal damage.[1] The FCJ accepted, however, a factual presumption (tatsächliche Vermutung)— softer compared to prima facie evidence—that cartels would lead to an overcharge, and held that such a presumption was of “high indicative significance”. Since then, lower courts have rendered a number of judgments and struggled with applying the new evidentiary standard in practice.
The Court of Justice Clarifies the Prohibition of Double Jeopardy in Competition Law Cases
By Cleary Gottlieb on
On April 3, 2019, the Court of Justice ruled that a national competition authority can in a single decision fine a company for infringing both EU and national competition law, without infringing the principle of ne bis in idem (double jeopardy).[1]
The General Court Rejects Application to Block Disclosure of Cartels Settlement Submissions To Interested Third Parties Following Ethanol Benchmark Case
By Cleary Gottlieb on
Enforcement by Numbers
By Cleary Gottlieb on
As the charts below show, enforcement by concurrent competition agencies has increased substantially since the ERRA came into force.[1]…
Five Years of “Enhanced Concurrency” in UK Antitrust
By Cleary Gottlieb on
In November 2013, David Currie – then Chairman of the CMA – identified the low volume of competition cases in regulated sectors: “These sectors account in total for some 25% of the economy. They are also typically characterised by monopolistic or oligopolistic market structures. This might suggest the need for more, rather than less, competition enforcement than in other parts of the economy.”[1]
Ameos Abandons Planned Acquisition of Sana Kliniken Ostholstein
By Cleary Gottlieb on
On March 28, 2019, hospital operator Ameos Psychiatrie Holding (“Ameos”) withdrew its notification of the proposed acquisition of the majority…
Total Abandons Planned Acquisition of Eleven Gas Stations
By Cleary Gottlieb on
On March 26, 2019, Total Germany (“Total”) abandoned its acquisition of eleven gas stations in the Trier area from family-managed…
Nike: The Commission Continues Fight Against Territorial and Online Sales Restrictions in Licensing and Distribution Agreements
By Cleary Gottlieb on
Background
On March 25, 2019, the Commission fined Nike €12.5 million for breaching Article 101 TFEU by imposing restrictions on cross-border and online sales of football merchandising products within the EEA.[1] The Commission granted Nike a 40% fine reduction in return for its cooperation.
The Hearing Officer for Competition Proceedings Publishes the Activity Report for 2017-2018
By Cleary Gottlieb on
On March 22, 2019, the European Commission’s Hearing Officer published his Activity Report for 2017-2018.[1] The Report provides key statistics on the Hearing Officer’s activity as well as a useful summary of case law on various procedural issues.
The Court of Justice Dismisses Eco-bat’s Appeal and Clarifies the Applicable Time Limits for Appealing Commission Correcting Decisions
By Cleary Gottlieb on
On March 21, 2019, the Court of Justice upheld the General Court’s dismissal of the action lodged by Eco-Bat, a British lead recycling company, against the Commission decision imposing a €32.7 million fine in the Car Battery Recycling cartel case.[1]