In the latest instalment of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by Martijn Snoep, Chair of
Antitrust Review Episode 29: In Conversation with Barry Hawk
In the latest instalment of our Antitrust Review podcast, host Nick Levy is joined by Barry Hawk, one of antitrust…
Banco BPN v. BIC Português and others: The Court of Justice Clarifies That a “Standalone” Exchange of Information Between Competitors Constitutes a Restriction of Competition By Object
On July 29, 2024, the Court of Justice issued its preliminary ruling in case C-298/22 Banco BPN v. BIC Português and others.[1] The Court confirmed that a “standalone” exchange of information between competitors – meaning that the information exchange in question constitutes the examined conduct in itself and is not ancillary to any other conduct – can be deemed a restriction of competition by object under Article 101 TFEU. This ruling is important because it clarifies that information exchange can constitute a restriction by object, even if it is not linked to a wider anti-competitive practice and no actual market impact has been shown.[2]
The Paris Court of Appeals states that granting a stay of execution involves analyzing only the “manifestly excessive consequences” of a sanction imposed, and not its merits in Bisphenol A case
In a decision dated July 24, 2024,[1] the Paris Court of Appeals granted a stay of execution in relation to a €2,700,000 fine imposed on the Association Nationale des Industries Alimentaires (“ANIA”) by the French Competition Authority (“FCA”) in the Bisphenol A case only considering the manifestly excessive consequences of such sanction in view of ANIA’s financial situation and without examining its merits.
General Court Dismisses ByteDance’s Appeal Against Gatekeeper Designation
On July 17, 2024, the General Court dismissed ByteDance Ltd (“ByteDance”)’s appeal against the Commission’s decision designating ByteDance as a “gatekeeper” under the Digital Markets Act (“DMA”).[1] This marks the first judgment interpreting the DMA’s provisions and clarifying some of its intervention thresholds. The General Court’s ruling follows its earlier rejection of ByteDance’s application for interim measures.[2]
The DGCCRF publishes its annual report for 2023
On May 3, 2024, the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control[1] (“DGCCRF”) published its 2023 annual report (the “Report”).[2] The Report highlights the DGCCRF’s importance in cartel and other anti-competitive behavior detection in France, as well as its new roles, including taking part in the enforcement of the Digital Markets Act (“DMA”).[3]
Antitrust Review Episode 28: In Conversation with George Cary
In our latest instalment, host Nick Levy speaks with George Cary, one of the leading U.S. antitrust lawyers of his…
No “killer acquisition” – FCO allows acquisition of Shockwave Medical by Johnson & Johnson
On 27 May 2024, the German Federal Cartel Office (“FCO”) gave the green light for Johnson & Johnson’s (“J&J”) 13.1 billion US dollar acquisition of Shockwave Medical (“Shockwave”).[1] The decision follows an in-depth investigation into the acquisition’s potential impact on competition and innovation, particularly in the burgeoning field of cardiovascular disease treatment, one of the fastest‑growing global med-tech markets.
Westfälische Drahtindustrie and Others v. Commission (Case C-70/23 P): The Court of Justice Confirms European Courts Do Not Have The Power To Impose New Fines
On July 4, 2024, the Court of Justice delivered its judgment in the Westfälische Drahtindustrie and Others v. Commission case,[1] addressing Westfälische Drahindustrie GmbH’s (“WDI”) challenge to the Commission’s request for interest payments on the fine imposed on WDI for its participation in a cartel in the prestressing steel sector. This judgment confirms that interest on fines levied by the Commission begins to accrue from the day indicated in the Commission’s decision, even if the EU courts later redetermine the amount of the fine.
Lufthansa/ITA: A New Era of Stringent Airline Merger Remedies
On July 3, 2024, the Commission conditionally approved Deutsche Lufthansa AG’s (“Lufthansa”) and the Italian Ministry of Economy and Finance’s (“MEF”) joint control of ITA Airways (“ITA”). [1] The approval is contingent upon full compliance with the commitments.