On January 29, 2019, the FCA authorized the acquisition of Alsa by Dr. Oetker (Ancel), two manufacturers of dessert mixes,
Bicycle Wholesaler Zeg Fined for Vertical Price Fixing
By Cleary Gottlieb on
On January 29, 2019, the FCO imposed fines totaling €13.4 million on the bicycle wholesaler Zweirad-Einkaufs-Genossenschaft eG (“ZEG”) and its representatives for fixing resale prices with 47 bicycle retailers.
La Gaitana Farms SA and Others vs. British Airways Plc
By Cleary Gottlieb on
On January 29, the Court of Appeal held that the English courts lacked jurisdiction to find a standalone infringement in…
Advocate General Wahl Provides Guidance on “Unforseeable Circumstances or Force Majeure” in RF v. Commission
By Cleary Gottlieb on
On January 24, 2019, Advocate General Wahl issued an opinion in a Polish company’s (“RF”) appeal before the Court of Justice and provided guidance on “unforeseeable circumstances or force majeure” in the context of a failure to comply with the time limit for lodging an application before the General Court.[1]
The First President of the Paris Court of Appeal Ordered a Stay of Execution Regarding Injunctions Pronounced by the French Competition Authority Against Stihl
By Cleary Gottlieb on
A chainsaw manufacturer cannot force its distributors to hand-deliver its products when the sale was made online, according to the FCA decision 18-D-23 of October 24, 2018. However, the first President of the Paris Court of Appeal ordered a stay of execution regarding the FCA injunctions which required it to modify the manufacturer’s distribution agreements.
The Commission Fines MasterCard €570 Million for Hindering Merchants’ Access to Better Conditions Offered by Banks Elsewhere in the EU
By Cleary Gottlieb on
As reported in our December 2018 newsletter, the Commission fined MasterCard over €570 million for limiting merchants from benefitting from better conditions offered by banks established elsewhere in the EU.[1]
FCO And FCA Close Joint Probe Into Agreement Between Ad Blocker Eyeo and Google
By Cleary Gottlieb on
The FCO and the Austrian Federal Competition Authority (“FCA”) closed a joint probe of an agreement between the German-based ad blocker company Eyeo and Google after the companies had changed certain terms of their whitelisting contract.[1] Following complaints about Eyeo’s ad blocker Adblock Plus, the FCA had launched an investigation in Austria in 2013. FCO subsequently joined the proceedings in May 2016.
Commissioner Vestager Reiterates Concerns Over Online Platforms and Announces “More Cases to Come”, as Welll as Plans To Hire Experts and Buy Software for Speedier Assessment of Cases in the Digital Sector
By Cleary Gottlieb on
During a speech delivered at the Paris Institute of Political Studies (Sciences Po) on January 21, 2019, Commissioner Vestager indicated that more cases concerning online platforms are to be expected.
Gruner + Jahr’s Abandons Renewal of National Geographic License
By Cleary Gottlieb on
On January 21, 2019, publishing company Gruner+Jahr (“G+J”) withdrew its notification of the proposed re-acquisition of the license to publish the German edition of “National Geographic” following the FCO expressing competition concerns.[1]
Commission Conditionally Approves Basf/Solvay Creating a “Significant European Player” in the Nylon Compound Market
By Cleary Gottlieb on
On March 6, 2020, the Commission approved Telecom Italia and Vodafone’s acquisition of joint control over INWIT, which will combine the companies’ 22,000 telecommunication towers in Italy.[1] The approval was obtained during Phase I and is conditioned on third-party access to the infrastructure.