On June 23, 2021, the German Federal Cartel Office (“FCO”) published its Annual Report 2020/2021[1] as well as its biennial Activity Report 2019/2020. Andreas Mundt, the President of the FCO, pointed out that the FCO’s enforcement activities continue to focus on the digital economy and consumer protection—especially with the help of the FCO’s new enforcement tools created by the recently introduced 10th Amendment of the German Act Against Restraints of Competition (“ARC”)[2]. The reports also provides various enforcement statistics that show that the FCO continues to be a highly active competition law enforcer in the EU.[3]
The Commission Opens a Formal Probe Into Google’s Activities in Ad Tech
By Cleary Gottlieb on
On June 22, 2021, the Commission opened a formal investigation into Google’s activities in the online advertising technology (“ad tech”) sector.[1]
Investigation Against Apple Under New Rules For Large Digital Companies
By Cleary Gottlieb on
On June 21, 2021, the FCO opened an investigation against Apple under the new competition rules for companies with PCMS.[1] After proceedings against Google, Amazon and Facebook have already been launched earlier this year, Apple is the last major digital company of the GAFA to be investigated by the FCO under the new rules.
Cartel Settlements: An Overview of EU and National Case Law
Cleary Gottlieb partner Robbert Snelders and associate Conor Opdebeeck-Wilson co-authored, “Cartel Settlements: An Overview of EU and National Case Law.”
CMA Publishes Consultation To Replace the Retained Vertical Agreements Block Exemption Regulation
By Cleary Gottlieb on
On 17 June 2021, the CMA published a consultation document on its provisional recommendation to replace the retained EU Vertical Agreements Block Exemption Regulation (VABER) with a UK-specific Vertical Agreements Block Exemption Order (VABEO) (the CMA Consultation). Currently, agreements benefit from automatic exemption from the UK Chapter 1 Prohibition[1] (the equivalent of Article 101 TFEU) if they meet the criteria set out in the VABER.
ICA Accepts Commitments Offered by Parties To Alleged Anticompetitive Agreement in Scrap Automotive and Industrial Lead-acid Batteries Sector
By Cleary Gottlieb on
On June 15, 2021, the Italian Competition Authority (the “ICA”) adopted a decision that made legally binding the commitments offered by certain companies active in the scrap lead-acid batteries sector, in the context of an investigation regarding the alleged coordination of their pricing behavior.[1] These commitments were found to adequately address the ICA’s concern that the companies and the collecting organizations they belonged to may have coordinated their behavior in violation of Article 101 TFEU.
Self-Preferencing and Antitrust: Harmful Solutions for an Improbable Problem
By D. Bruce Hoffman & Garrett D. Shinn on
Cleary Gottlieb partner Bruce Hoffman and associate Garrett Shinn co-authored, “Self-Preferencing and Antitrust: Harmful Solutions for an Improbable Problem.”
The French Competition Authority Updates Its Notice on Fines
By Cleary Gottlieb on
On June 11, 2021, the French Competition Authority (“FCA”) published a draft to update its Notice on fines.[1] The draft is subject to a public consultation which was held between June 11 and 25, 2021. According to the FCA, the update was prompted by the entry into force of ordinance No.2021-649 of May 26, 2021, which implements Directive (EU) 2019/1 of the European Parliament and of the Council of December 11, 2018 (“ECN+ Directive”), whose aim is to strengthen and harmonize competition enforcement by national authorities.
FCO Approves RTL Group’s Acquisition of The Remaining Shares in Super RTL
By Cleary Gottlieb on
On June 11, 2021, the FCO cleared Bertelsmann SE & Co. KGaA’s (“RTL Group”) acquisition of the remaining 50% shares in RTL Disney Fernsehen GmbH & Co. KG (“Super RTL”) from its co-shareholder The Walt Disney Company (“Disney”).[1] RTL Group and Disney established Super RTL as a joint venture in 1995, each holding 50 percent of the shares in Super RTL. Following the transaction, RTL Group is the sole shareholder of Super RTL.
The French Cour de Cassation Confirms the Paris Court of Appeals’ Ruling on SNCF’s Predatory Pricing Practices
By Cleary Gottlieb on
On June 9, 2021, the French Cour de cassation (“Cour de cassation”) put an end to a legal saga involving the French legacy train operator SNCF’s anticompetitive practices in the railway freight sector.[1] The Cour de cassation confirmed the Paris Court of Appeals’ December 20, 2018 ruling[2] that had found that the SNCF had breached Articles L. 420-2 of the French Commercial Code and 102 TFEU by applying a predatory pricing strategy to prevent rivals from entering into key contracts in the market for transport of full-train-load.