On November 4, 2021, the German Federal Cartel Office (“FCO”) published an interim report on its sector inquiry into messenger and video services,[1] exploring the necessity of interoperability rules for messaging services. The interim report does not contain recommendations but reserved them for the final report expected to be released in 2022.
The Ica Fully Dismisses Allegations of Abuse of Dominance in the Market for the Production of Pet Pre-forms
On October 29, 2021, the ICA decided to close the investigation into an alleged abuse of dominant position by Husky Injection Molding Systems (“Husky”), without finding any infringement.[1] The ICA found that the evidence collected during the investigation did not allow it to confirm the allegations put forward at the beginning of the proceedings (the “Decision”).
Illumina And Grail Run Into First-Ever Interim Measure For Gun-Jumping
On October 29, 2021, for the first time, the Commission imposed interim measures on companies that closed a deal before obtaining merger approval. On August 18, 2021, U.S. gene-sequencing company Illumina publicly announced it had acquired Grail, a start-up that has developed multi-cancer early detection tests.
CAT Publishes Five Notices of Appeal Challenging CMA’s Hydrocortisone Tables Infringement Decision
The Court of Naples Again Awards Antitrust Damages Quantified on an Equitable Basis in Follow-on Litigation Stemming From the EU “Trucks” Case
On October 20, 2021, the Court of Naples upheld a claim for damages filed by an Italian logistics company (the “Applicant”), on the basis of a European Commission decision of July 2016,[1] against truck manufacturer Iveco S.p.A. (“Iveco”), in connection with the plaintiff’s purchase of numerous trucks from the defendant. According to the European Commission decision, Iveco and four other truck manufacturers colluded for over 13 years on truck pricing and on the costs of compliance with emission rules (the “EC Decision”).[2]
CAT Publishes CPO in Justin Gutmann v London & South Eastern Railway, South Western Trains, Stagecoach South Western Trains
On 19 October 2021, the CAT published its judgment on the strike-out and collective proceedings order (CPO) applications in the claims brought by Mr. Justin Gutmann alleging abuse of dominance by London & South Eastern Railway Limited, First MTR South Western Trains Limited, and Stagecoach South Western Trains Limited.
Withdrawal of Action Against Datasite
On 19 October 2021, the CAT made an order permitting Regus Group Services Ltd and IWC plc to withdraw their
The French Cour de Cassation Upholds Dawn Raids Conducted at Swarovski’s Headquarters
In a judgment dated October 19, 2021, the Cour de cassation quashed a Paris Court of Appeal’s judgment invalidating inspections carried out by the French Competition Authority (“FCA”) at Swarovski France’s (“Swarovski”) headquarters in July 2019.[1] The judgment is in line with recent Cour de cassation rulings favorable to the FCA.
Isabelle de Silva Steps Down as Head of the French Competition Authority
October 13, 2021 marked the end of Isabelle de Silva’s five-year term as President of the FCA.
The ICA Closes Investigation Into Google’s Conduct in the Digital Advertising Sector Following the Opening of Proceedings by the European Commission
On October 12, 2021, the ICA closed an investigation against Google, due to the fact that, in June 2021, the European Commission (the “Commission”) opened an investigation having the same scope.[1]