Cleary Gottlieb partner Marco D’Ostuni, senior attorney Marco Zotta, and associate Riccardo Tremolada authored the “Italy” chapter in the 12th
FCO Blocks Merger Of Number 1 And Number 3 Linear Drainage Providers
On January 13, 2022, the German Federal Cartel Office (“FCO”) prohibited ACO Ahlmann SE & Co. KG’s (“ACO”) acquisition of BIRCO GmbH (“BIRCO”).[1]
The Hour That The Ship Comes In: The Commission Prohibits The Acquisition Of Daewoo Shipbuidling & Marine Engineering By Hyundai Heavy Industries Holdings
U.S. & EU Antitrust: Developments and Outlook in 2022
In the 2021 edition of this memo, we wrote that antitrust in 2020 received more political and media attention than at any recent time. 2021 beat that standard in multiple ways, and 2022 looks to continue that trend. In addition to continuing the major tech cases brought under the Trump administration, 2021 saw unprecedented levels of legislative activity in antitrust (both federal and state), competition policy taking a leading position across federal agencies and startling new approaches at the Federal Trade Commission (FTC) in particular – new approaches that, while they haven’t yet produced a wave of new enforcement actions, have required changes in thinking about and approaching antitrust issues. We expect these trends to accelerate in 2022.
Former ECB official Benoît Coeuré takes over from Isabelle de Silva as head of the French Competition Authority
On January 12, 2022, former European Central Bank official Benoît Coeuré was appointed President of the French Competition Authority (“FCA”) following his hearing by both houses of the French Parliament.[1] He was unanimously appointed by members of the Commission for Economic Affairs of the Assemblée Nationale, while the Commission for Economic Affairs of the Sénat displayed a more balanced distribution of votes (only 12 in favor out of 22 votes cast).
The Paris Court of Appeals annuls €2 million damages award to Carrefour for body care cartel
On January 5, 2022, the Paris Court of Appeals annulled a €2 million damages award that the Paris Commercial Court ordered feminine hygiene products company Vania to pay Carrefour[1] as a result of its participation in a cartel in the body care sector, which resulted in maintaining artificially high prices between 2003 and 2006, and for which Vania was fined €45.03 million by the French Competition Authority (“FCA”) in 2014.
The French Cour de Cassation Seeks Clarification on Jurisdiction To Rule on the French Competition Authority’s “Name and Shame” Practices
On January 5, 2022, France’s top civil court ruled that the question of jurisdiction in the case opposing pharmaceutical company Roche and the French Competition Authority (“FCA”) in respect of the communication campaign led by the FCA in the Avastin/Lucentis case was particularly complex, and decided to refer it to the Tribunal des conflits to be settled.
The Italian Supreme Court of Cassation Rules on Limitation Periods in a Follow-on Action
New State Aid Rules for Green Projects: The EU’s Road to Climate Neutrality
From this month (January 2022), it will be easier for EU Member States to provide government subsidies (also known as “State aid”) for climate and renewable energy projects. At the same time, the EU is cracking down on public funding for fossil fuels.
The French Cour de Cassation Clarifies the Scope of Judicial Review Regarding Orders Authorizing Dawn Raids
On January 4, 2022, the Cour de cassation confirmed the rulings of the president of the Court of Appeals validating dawn raids carried out in May 2017 by the French Competition Authority (“FCA”) in the rendering sector.[1]