On June 9, 2021, the Commission published a Preliminary Report[1] on the ongoing sector inquiry[2] into the Consumer Internet of Things (“Consumer IoT”), launched in July 2020[3] as part of the Commission’s digital strategy.
FCO Launches Public Consultations on “Self-Cleaning Guidelines”
By Cleary Gottlieb on
On June 8, 2021, the FCO published its draft “Guidelines for the premature deletion of an entry in the Competition Register due to self-cleaning”[1] as well as its draft “Practical guide on filing an application for premature deletion”.[2] In addition, it opened public consultations on the drafts. Interested parties were invited to submit their comments by July 20, 2021.
The Milan Court of Appeal Declares Inadmissible as Manifestly Unfounded an Appeal Against a Judgment by the Court of Milan That Dismissed a Follow-on Damages Action Brought Against the Italian Electronic Communications Sector’s Incumbent
By Cleary Gottlieb on
On June 7, 2021,[1] the Milan Court of Appeal (the “Court of Appeal”) declared inadmissible an appeal brought by Irideos S.p.A. (“Irideos”; formerly, Enter S.r.l., “Enter”) against a Court of Milan judgment that had entirely dismissed a follow-on damages action against Telecom Italia S.p.A. (“TIM”) for alleged abuse of dominance in the provision of wholesale access services[2] found by the Italian Competition Authority (the “ICA”) in 2013, on the ground that the appeal did not have a reasonable chance of being upheld, pursuant to Articles 348-bis and ter of the Italian Code of Civil Procedure (the “CCP”).
The French Competition Authority Fines Google €220 Million for Favoring Its Own Advertising Technologies
By Cleary Gottlieb on
On June 7, 2021, the French Competition Authority (“FCA”) imposed a fine of €220 million on Google Inc. (now Google LLC), Alphabet Inc., and all Alphabet Inc.’s subsidiaries (together, “Google”), for allegedly abusing its dominant position in the market for advertising servers for website and mobile application publishers.[1]
FCO Clears Merger of “Charité” and “Deutsches Herzzentrum Berlin”
By Cleary Gottlieb on
On June 7, 2021, the FCO cleared the merger between Charité – Universitätsmedizin Berlin (“Charité”) and the “Deutsches Herzzentrum Berlin” (“DHZB”), thus allowing the establishment of the “Deutsches Herzzentrum der Charité”.[1]
Westover Ltd v Mastercard Inc.
By Cleary Gottlieb on
On 7 June 2021, the CAT ruled on the preliminary issue of whether English or Italian law governs claims made by claimant companies incorporated in Italy (the Italian Claimants). The broader claim relates to an Article 101 TFEU infringement decision concerning default multilateral interchange fees (MIFs) set by Mastercard and Visa.
Facebook: The New Kid on the EC Block
By Cleary Gottlieb on
On June 4, 2021, the Commission[1] and the UK Competition and Markets Authority (“CMA”)[2] announced parallel investigations concerning Facebook Marketplace. The Commission will investigate at least two potential theories of harm: (i) the potential misuse of data gathered by Facebook, in particular from advertisers, in order to compete with them in other markets where Facebook is active (e.g., in classified ads with Facebook Marketplace); and (ii) the potential tying of Marketplace to Facebook’s social network. Although formally independent, the CMA’s investigation will focus on similar concerns[3] and both authorities announced they would collaborate closely.[4]
Dr. Rachael Kent v Apple Inc. and Apple Distribution International Ltd
By Cleary Gottlieb on
On 4 June 2021 the CAT published an application to commence collective proceedings under section 47B of the Competition Act 1998 against Apple Inc. and Apple Distribution International Ltd (Apple). The application alleges that Apple has abused a dominant position in breach of Article 102 of the TFEU and the Chapter II prohibition of the Competition Act.
The Battery Recycling Buyer Cartels: Recylex’s “Recycled Facts” Not Sufficient for Partial Immunity
By Cleary Gottlieb on
The Optical Disk Drive Cartels (AG Pitruzzella): Violation of Defense Rights to No Avail for Fine Reduction
By Cleary Gottlieb on
On June 3, 2021, Advocate General Pitruzzella delivered an Opinion in the Optical Disk Drives case, finding that the Commission breached the appellants’ rights of defense, but that the fines imposed should nevertheless stand.[1]