The UK Government’s response to its consultations on ‘Reforming competition and consumer policy’ (April 2022) confirmed the Government’s proposals to give the Competition and Markets Authority (CMA) enhanced consumer law enforcement powers.
European Commission Seeks Feedback on Antitrust Procedural Framework
On June 30, 2022, the European Commission (“EC”) launched a public consultation seeking feedback on the performance of Regulation 1/2003[1] and Regulation 773/2004[2] (the “Regulations”), which govern the enforcement procedure of EU antitrust law.[3] Interested parties are invited to provide comments by October 6, 2022.
Australia Plus Plus? CMA and Ofcom Publish Advice on Platforms and Publishers
Background
The UK Competition and Markets Authority (CMA) and telecoms regulator (Ofcom) recently published a joint paper setting out their advice to the Department for Culture, Media and Sport (DCMS) on new rules for digital platforms’ use of publishers’ content.
The Conseil d’Etat finds that decisions of the French Competition Authority to reject commitments cannot be appealed
On July 1, 2022, the Conseil d’Etat (the French administrative supreme court) ruled[1] that it had no jurisdiction to annul a decision of the French Competition Authority (the “FCA”) rejecting commitments offered by the group Sony (“Sony”) to end competition proceedings and referring the case back for further investigation.[2]
The Proposed Widening Scope of UK Merger Control
The UK Government’s responses to its consultations on ‘Reforming competition and consumer policy’ (April 2022) and ‘A new pro-competitive regime for digital markets’ (May 2022) included three proposals to amend or add jurisdictional or reporting criteria for the UK merger control regime. These would give the Competition and Markets Authority (CMA) oversight of a wider range of mergers if implemented.
Vestager 2: What’s Going on in EU Antitrust Enforcement
In her second term as EU Competition Commissioner, Margrethe Vestager’s focus to date has been on securing approval for the
ICA imposes fine in excess of € 3.6 million on the outgoing providers of local public transport service by road in Tuscany
On June 21, 2022, the Italian Competition Authority (the “ICA”) closed its investigation pursuant to Article 102 TFEU into the conduct of the incumbent providers of the local public transport service by road in the Tuscany Region (the “Region”), which jointly formed the ONE Scarl consortium (“ONE”).
Commission Opens a Formal Investigation Into Vifor Pharma for Alleged Disparagement Practices
On June 20, 2022, the Commission opened a formal investigation into Vifor Pharma for the possible anticompetitive disparagement of a rival’s iron medicine.[1] Although the Commission launched a disparagement investigation last year,[2] this is the first time that it opens an investigation based exclusively on a disparagement theory of harm, and in relation to two originator products at that.[3]
The Paris Court of Appeal condemns the FCA for violating Google’s business secrets
On June 16, 2022, the Paris Court of Appeals (the “Court”) ruled that “decisions to protect the confidentiality of business secrets taken during the course of the investigation, which have not been challenged pursuant to Article R. 463-15 of the French Commercial Code, continue to bind the College when adopting and drafting the decision on the merits, otherwise such decisions would be deprived of any effectiveness” (the “Ruling”).[1]
Optical Disc Drives Cartel: The Court of Justice Upholds Fines Despite Procedural Rights Violations (Cases C-697/19 P to C-700/19 P)
On June 16, 2022, the Court of Justice set aside four judgments of the General Court and partially annulled the Commission’s decision in the Optical Disc Drives cartel case.[1]