On 19 April 2021, the CAT dismissed Roland’s appeal against a £4 million fine imposed by the CMA (see UK Competition Newsletter, August – September 2020). Roland appealed, alleging that the CMA’s fine overstated the seriousness of the infringement and that the CMA’s leniency discount had been too low.
The UK’s Proposed New National Security Regime: A Sledgehammer to Crack a Nut
Cleary Gottlieb partner Nicholas Levy, senior attorney John Messent, and associates Edward Dean and Chloe Hassard co-authored the article, “The UK’s Proposed New National Security Regime: A Sledgehammer to Crack a Nut,” which was published in the Competition Law Journal by Edward Elgar Publishing.
Commission Sends Apple a Statement of Objections Alleging Apple Abused Its Dominant Position to Advantage Its Music Streaming Service
On April 30, 2021, the European Commission issued a Statement of Objections to Apple alleging it abused its dominant position in the market for the distribution of music streaming apps.[1] The Commission’s investigation follows Spotify’s complaint filed in March 2019,[2] and marks the first major procedural development in the four investigations opened against Apple in June 2020.[3]
Another Brick in the Wall: The Court of Justice Confirms the (Not So) Rebuttable Presumption of Parental Liability for Holding Companies
OTC Computers Limited (In Liquidation) v Infineon Technologies AG and Micron Europe Limited
On 14 April 2021, the Court of Appeal dismissed an appeal by Infineon and Micron against a High Court judgment…
Rome Court of Appeal Dismisses Appeal on a Follow-on Action for Damages and Orders the Incumbent in the Italian Electronic Communications Sector To Pay Approximately €5 Million in Damages
On April 13, 2021, the Rome Court of Appeal rejected the appeal brought by Telecom Italia S.p.A. (“TIM”) against a judgment of the Court of Rome in a follow-on action for damages.[1] The Court of Rome had ordered TIM to pay COMM 3000 S.p.A. (formerly KPNQwest S.p.A., “COMM 3000”) approximately €8 million in damages for alleged abuse of dominant position in the market for the provision of wholesale access services. The ICA had imposed a fine for the alleged abuse in 2013.[2]
FCO Terminated Proceedings After Liebherr Adjusted Requirements for Online Sales
Following the FCO’s intervention, Liebherr- Hausgeräte Vertriebs- und Service GmbH (“Liebherr”) dropped certain sales conditions which in the FCO’s preliminary view would have resulted in disadvantaging online sales compared to sales in brick-and-mortar shops.[1]
Effective Pricing in Spectrum Auction Design: Optimal Auctions out of Thin Air
Cleary Gottlieb partner Marco D’Ostuni and associate Riccardo Tremolada authored the article “Effective Pricing in Spectrum Auction Design: Optimal Auctions out of Thin Air,” which appeared in the international law blog Regulating for Globalization, published by Wolters Kluwer.
Merger Control in Italy: Overview
Cleary Gottlieb senior attorney Saverio Valentino and associate Giovanna Ciccioli co-authored the Q&A guide, “Merger Control in Italy: Overview,” which was published by Thomson Reuters.
Restraints of Trade and Dominance in Italy: Overview
Cleary Gottlieb partner Marco D’Ostuni and associate Giovanna Ciccioli co-authored the Q&A guide “Restraints of Trade and Dominance in Italy: Overview,” which was published by Thomson Reuters.