On June 16, 2022, the French Competition Authority accepted binding commitments from Meta to introduce new policies enhancing advertising service providers’ access to its online advertising technologies.
Qualcomm v. Commission (Case T-235/18): General Court Stresses the Importance of Procedural Rigor and a Careful Analysis of Anticompetitive Effects
On June 15, 2022, the General Court annulled the Commission’s decision and corresponding fine of €997 million in the Qualcomm case[1] due to procedural violations and a flawed substantive assessment. The General Court first found that the Commission had infringed Qualcomm’s rights of defense by failing to properly inform Qualcomm of meetings with third parties, and failing to hear Qualcomm on the consequences of substantial changes between the Statement of Objections (“SO”) and the final decision.
Commission Dawn Raids Water Infrastructure Companies
In October 2021, Commissioner Vestager announced that the Commission was planning a series of dawn raids.[1] Since then, there has been an uptake in the number of dawn raids conducted across the EU.
The ICA clears with conditions the notified acquisition of joint control over Press-Di by Artoni and SHR
In a decision published on June 13, 2022, the ICA cleared the acquisition of 51% of the share capital of Press-Di Distribuzione Stampa e Multimedia S.r.l. (“Press-Di” or the “Target”) by Artoni Group S.p.A. (“Artoni”) and SHR S.r.l. (“SHR” and, jointly, the “Parties”). As a result, the Parties acquired joint control over the Target together with the seller Mondadori Media S.p.A. (the “Transaction”).[1]
The Council of State partially annuls ICA decision on an alleged cartel for the assignment of broadcasting rights for football matches in countries other than Italy
On June 9, 2022, the Council of State upheld appeals submitted by Media Partners & Silva Limited and MP Silva S.r.l. (jointly, “MP Silva”), by partially dismissing bid-rigging fines imposed by the ICA for the assignment of broadcasting rights for football matches in countries other than Italy.[1]
The Paris Court of Appeals reduces the fine imposed on exclusive champagne importer in overseas territory on account of strong inter-brand competition
On June 9, 2022 the Paris Court of Appeals partially reversed an FCA prohibition decision following an appeal by wine importer Distillerie Dillon SAS (“Distillerie Dillon”) and its parent companies Bardinet SAS and Compagnie Financière Européenne de Prises de Participation SA (together, the “Appellants”). The FCA decision, issued on October 29, 2020, sanctioned the Appellants as well as several wine producers and importers, including Champagne Nicolas Feuillatte (“CNF”), for participating in an exclusive importation system for champagne in several overseas French territories.
The Facebook Investigation: A Fishing Expedition?
On June 1, 2022, the General Court heard arguments from Meta (previously Facebook) and the Commission in the case relating to Meta’s challenge of a Commission decision dated May 4, 2020, issued in the context of the Commission’s antitrust investigation into Facebook’s data- related practices.[1]
European Commission To Phase-Out COVID-19 Temporary Framework
On May 12, 2022, the Commission announced that it will phase out the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak.
ICA fines Leadiant for abusing its dominant position in the Italian market for the life-saving drugs used to treat a rare disease
On May 17, 2022, the Italian Competition Authority (the “ICA”) imposed a fine of €3,501,020 on Leadiant Biosciences Ltd. and Essetfin S.p.A. (jointly “Leadiant”) for violating Article 102 TFEU by charging excessive prices for the sale to the Italian National Health System (the Sistema Sanitario Nazionale or “SSN”) of a drug used for the treatment of Cerebrotendinous xanthomatosis (“CTX”), a rare condition that affects the human body’s ability to metabolize cholesterols.[1]
ICA accepts commitments in investigation into price comparators and insurance companies for alleged collusion on motor vehicle insurance policies
On May 10, 2022, the ICA accepted and made binding the commitments offered by the parties in an investigation concerning an alleged exchange of information in the direct sales of motor vehicle insurance policies. The alleged exchange took place between Italy’s leading companies offering price-comparison services (the “Comparators”) and 13 insurance companies (the “Insurance Companies”) and intermediaries (the “Intermediaries”; jointly, the “Parties”).[1]