On February 10, 2021, the Commission accepted commitments offered by South African pharmaceutical company Aspen and ended one of its rare investigations into excessive pricing (and reportedly the first in the pharmaceutical sector).[1] The decision provides guidance on how the Commission evaluates excessive pricing of off-patent medicines and how to remedy potential concerns.
The French Cour de Cassation Confirms That a Company May Be Considered To Participate in a Cartel as Long as the Other Colluding Firms Believe In Its Involvement
By Cleary Gottlieb on
Dortmund Regional Court Aligns Principles for Jurisdiction With EU Law
By Cleary Gottlieb on
On February 10, 2021, the Dortmund Regional Court set out principles for determining jurisdiction, specifically in competition damages litigation.[1]
FCJ Accepts Liquidated Damages Clauses of up to 15% For Cartel Infringements in Buyer’s Terms and Conditions
By Cleary Gottlieb on
On February 10, 2021, the FCJ declared liquidated damages clauses for cartel damages of up to 15% admissible in its sixth ruling in connection with the so-called “rail cartel”.[1]
FCJ Finds German Courts Have Jurisdiction Over Injuction for Abuse of Dominant Position
By Cleary Gottlieb on
On February 10, 2021 the FCJ annulled a decision by which the Schleswig Court of Appeal (“SCA”) had denied jurisdiction over the injunction claims of Hotel Wikingerhof’s (“Wikingerhof”) against the Dutch hotel booking platform operator Booking.com and remanded the case back to the SCA.[1]
CMA Digital Markets Strategy Refresh
By Cleary Gottlieb on
The CMA published a “refresh” of its Digital Markets Strategy (DMS II) on 9 February 2021. The first iteration (DMS I) was published in June 2019 but the CMA explains that “much has changed” in the interim, not least “significant developments in the political and regulatory landscape for digital markets.”
Volvo Secures Unconditional Clearance of Fuel-cell Joint Venture With Daimler
By Cleary Gottlieb on
On February 5, 2021, the Commission unconditionally cleared the creation of a joint venture (“JV”) between the Volvo Group (“Volvo”) and Daimler Truck AG (“Daimler”).[1] The JV will be active in the relatively novel, but rapidly evolving, hydrogen fuel-cell technology sector, which promises a “green” future in particular for transport.[2]
The EU Commission Unconditionally Clears a Fuel-Cell Joint Venture Aiming to Achieve Climate-Neutral and Sustainable Transportation (Volvo/Daimler)
By Antoine Winckler on
Cleary Gottlieb partner Antoine Winckler and associate Daniela Weerasinghe authored the article, “The EU Commission Unconditionally Clears a Fuel-Cell Joint Venture Aiming to Achieve Climate-Neutral and Sustainable Transportation (Volvo/Daimler),” which was published by Concurrences.
The Technology, Media, and Telecommunications Review, 11th Edition
By Marco D'Ostuni, Marco Zotta & Riccardo Tremolada on
Cleary Gottlieb partner Marco D’Ostuni, senior attorney Marco Zotta, and associate Riccardo Tremolada authored the “Italy” chapter in the 11th edition of The Technology, Media and Telecommunications Review, published by The Law Reviews.
The Council of State Partially Reinstates an ICA Decision Fining Railway Companies for Dilatory Tactics
By Cleary Gottlieb on
In a judgment issued on February 2, 2021,[1] the Council of State confirmed that Rete Ferroviaria Italiana S.p.A. (the Italian railway network manager, “RFI”) and Trenitalia S.p.A. (an Italian railway transport operator, “Trenitalia”) abused market dominance by engaging in dilatory tactics in the context of proceedings with the competent authorities, thus hindering access of a new entrant, Arenaways S.p.A. (“Arenaways”), to the railway passenger transport sector.