On September 15, 2021, the TAR Lazio annulled the ICA decision finding telecom operator Vodafone Italia S.p.A. (“Vodafone”) in breach of Article 102 TFEU for allegedly abusing its dominance in the market for Short Message Service (“SMS”) termination.[1]
The TAR Lazio Upholds an ICA Interim Cease and Desist Order Against National Associations in the Cinema Sector
On September 7, 2021, the TAR Lazio rejected the applications brought by associations of undertakings Anica, Anec and Anec Lazio (jointly the “Applicants”),[1] representing the Italian film and audiovisual industry, for the annulment of a decision in which the ICA imposed an interim cease and desist order in proceedings concerning an alleged anticompetitive conduct in relation to free outdoor film screenings.[2]
Commission Continues Quest for Green Revolution With Competition Policy in Support of Europe’s Green Ambition
On September 10, 2021, the European Commission published a policy brief on “Competition Policy in Support of Europe’s Green Ambition” (the “Policy Brief”).[1] A year after Executive Vice-President Margrethe Vestager called for a greener EU competition policy,[2] the Policy Brief summarizes the key takeaways from the stakeholder consultation and sets out the Commission’s ambitions for a greener competition policy. The key message being that “a green competition policy still has to be – well, a competition policy.”[3]
The French Competition Authority Recognizes for the First Time the Existence of a Market for “Organic” or Biological Products
On September 10, 2021, the FCA authorized the acquisition of 100 stores belonging to Bio c’ Bon, a French chain of organic grocery stores, by hypermarket chain Carrefour, subject to divestiture remedies.
Sustainability Agreements and Antitrust – Three Criteria to Distinguish Beneficial Cooperation From Greenwashing
Cleary Gottlieb partner Maurits Dolmans has written a post for the Chillin’ Competition blog, “Sustainability Agreements and Antitrust – Three
The French Competition Authority Sanctions Boycotting Practices Against Digital Intermediation Platforms in the Road Freight Sector
In a decision dated September 9, 2021, the French Competition Authority (the “FCA”) imposed a total fine of €500,000 on several players in the road freight sector for participating in a single, complex and continuous infringement aimed at organizing a collective boycott of new digital intermediation platforms and geolocation software applications (the “Decision”).[1]
Forrest Fresh Foods Limited v Coca-Cola European Partners Great Britain Limited
On 7 September 2021 the CAT issued a judgment striking out Forrest Fresh Foods’ claim against Coca-Cola European Partners Great
Council of State Upholds a Tar Lazio Judgment Annulling the ICA Decision Concerning the Helicopter Transport Services Cartel
On September 6, 2021, the Council of State dismissed an appeal brought by the ICA[1] against a TAR Lazio judgment[2] that annulled an ICA decision[3] concerning the parent company – AIRI S.r.l.(the “Parent”) and its subsidiary Air Company S.r.l. (the “Subsidiary”, together, the “Parties”) – accused of participating in a cartel regarding helicopter transport services.
Ne Bis In Idem and EU Law: One Test To Rule All?
On September 2, 2021, Advocate General (“AG”) Bobek issued his opinions on two preliminary ruling requests, Bpost[1] and Nordzucker (the “Opinions”),[2] recommending to harmonize the principle of ne bis in idem—otherwise known as the double jeopardy test—in the EU, as it applies to all branches of EU law. AG Bobek suggested that application of the ne bis in idem principle should be based on a “triple identity” test: namely, of the offender, the relevant facts, and the protected legal interest.[3]
The Paris Court of Appeals Overturns French Competition Authority Decision Sanctioning Betting Operator for Non-compliance With Unbundling Commitments
On September 2, 2021,[1] the Paris Court of Appeals annulled in its entirety a decision issued by the FCA in April 2020, which fined betting operator Pari Mutuel Urbain (“PMU”) for non-compliance with unbundling commitments that had been made mandatory in 2014[2]. The Court held that, contrary to the FCA’s findings, PMU had been consistently complying with its commitments. The 900 million euros fine imposed on PMU was consequently annulled.