The area of standards, and licensing of Standard Essential Patents (“SEPs”) on “fair reasonable and non-discriminatory terms (“FRAND”) is alive as ever. There are developments in three jurisdictions:
Rigid Justice is Injustice: The EU’s Digital Markets Act should include an express proportionality safeguard
Cleary Gottlieb partners Maurits Dolmans, Henry Mostyn and associate Emmi Kuivalainen authored the paper, “Rigid Justice is Injustice: The EU’s Digital Markets Act should include an express proportionality safeguard” which was published in Ondernemingsrecht issue 2-2022.
No “One-stop-Shop”: FCO Reviews Digital Merger in Parallel to the Commission
On December 9, 2021, following ex officio proceedings,[1] the German Cartel Office (“FCO”) concluded that the acquisition of customer relationship management software provider Kustomer, Inc., (“Kustomer”) by Facebook Inc., re-named Meta Platforms Inc. (“Meta”) since October 2021, is notifiable under the German merger control regime as it falls under the € 400 million transaction value threshold of the ARC[2] and asked Meta to submit documents to review the transaction.[3] On January 11, 2022, the parties notified the transaction to the FCO.
AG Rantos’ Opinion in Servizio Elettrico Nazionale and Others (Case C-377/20) Towards a Conceptual Approach To Identifying Exclusionary Abuses Under Article 102 TFEU
On December 9, 2021, Advocate General (“AG”) Rantos delivered his opinion on the questions referred to the Court of Justice (“ECJ”) by the Italian Consiglio di Stato in case Servizio Elettrico Nazionale.[1] The Consiglio di Stato is seeking clarification of certain aspects of the concept of “abuse” under Article 102 TFEU.
Commission Clears Way for Collective Negotiations Over Working Conditions of Solo Self-employed Persons in a Weak Position
Introduction
On December 9, 2021, the Commission published its Draft Guidelines on the application of EU competition law to collective agreements regarding working conditions of solo self-employed people (the “Draft Guidelines”).[1] The Draft Guidelines, along with a proposal for a directive[2] and a communication,[3] form part of a broader package aimed at improving the working conditions of persons operating on digital labor platforms.[4]
The French Competition Authority Sanctions Mayotte Import/Export Group for Obstruction Practices
On December 9, 2021, the French Competition Authority (the “FCA”) imposed a €100,000 fine on Mayotte Channel Gateway (“MCG”), the manager and operator of the Longoni port in Mayotte, together with its parent company, Société Nel Import Export, for refusal to comply with an FCA request for information.
EU-U.S. Launch Joint Technology Competition Policy Dialogue to Foster Cooperation in Competition Policy and Enforcement in Technology Sector
On December 7, 2021, the Commission, the United States Federal Trade Commission (“FTC”) and the United States Department of Justice Antitrust Division (“DOJ”) published a Joint Statement establishing the EU-U.S. Joint Technology Competition Policy Dialogue (the “Policy Dialogue”).
Justin Gutmann v London & South Eastern Railway And South Western Trains, Stagecoach South Western Trains
On 6 December 2021, the CAT published a ruling on permission to appeal and costs, following its earlier judgement that refused to strike out collective proceedings brought by Mr. Justin Gutmann against London & South Eastern Railway and South Western Trains, Stagecoach South Western Trains.
New EU Rules for Regional Subsidies to Enter Into Force
Businesses applying for aid in disadvantaged regions of the EU will face new rules after December 31, 2021.
The new
Cleary Gottlieb Antitrust Developments in Europe 2020
Cleary Gottlieb partners Romano Subiotto QC and Robbert Snelders, in collaboration with our Antitrust practice, are thrilled to present