On 26 January 2021, the CAT published notice of a claim for damages by Kerilee Investments Limited (Kerilee) against the International Tin Association Ltd (ITA). Kerilee is a metal trading SME, incorporated in the UK. The ITA is a UK-based and incorporated trade association and special purpose entity incorporated by guarantee in the UK. The ITA is responsible for the governance, policy, financial, executive and secretariat functions of the International Tin Supply Chain Initiative (ITSCI) conflict mineral due-diligence programme.
Justin Le Patourel v BT Group PLC
On 26 January 2021, the CAT published an application to commence a collective proceedings order against BT for charging excessive prices to customers supplied with certain residential landline services. The claim arises from a review of the market for standalone landline telephone services conducted by Ofcom in 2017. Ofcom found that BT charged prices above the competitive level to customers who bought standalone residential landline telephone services (voice only customers).
FNZ (Australia) Bidco Pty Ltd v Competition And Markets Authority
On 25 January 2021, the CAT published an order remitting the assessment of the completed acquisition of GBST Holdings Limited…
One-size-Fits-all: The Ethylene Decision Confirms the Commission’s Practice to Apply a 10% Fine Uplift to Purchaser Cartels
On January 22, 2021, the Commission published the non-confidential version of its July 2020 settlement decision, fining three purchasers of ethylene[1] a total of €260 million for infringing Article 101 TFEU.[2] The case is only the second purchaser cartel sanctioned by the Commission under the 2006 Fining Guidelines, after its Car battery recycling decision.[3]
The French Cour de Cassation Holds That Legal Privilege Applies to All Attorney-client Communications Relating to the Exercise of the Rights of Defence—Even Those Unrelated to the Antitrust Case in Relation to Which the Dawn Raids Are Carried Out
On January 20, 2021, the Criminal Chamber of the Cour de cassation ruled that none of the attorney-client communications relating to the exercise of the client’s rights of defence could be seized during dawn raids, even those that were not related to the antitrust case in relation to which the dawn raids were carried out.
The EU Commission Fines Video Games Platform and Publishers for Geo-Blocking Practices
Cleary Gottlieb associate Brian Cullen authored, “The EU Commission Fines Video Games Platform and Publishers for Geo-Blocking Practices,” which appeared…
Game Over: Valve and PC Video Game Publishers Fined for “Geo-blocking” Practices
On January 20, 2021, the Commission imposed fines totaling €7.8 million on Valve, the owner of the video gaming platform Steam, and five PC video game publishers[1] for breaching Article 101 TFEU. The Commission found that the companies prevented gamers from activating certain PC video games purchased from sellers in eight Central and Eastern European Member States, where prices are generally lower than in other Member States (so-called “geo-blocking”).[2] This decision is a reminder of the Commission’s strict stance on cross-border sales restrictions.
FCO Safeguards Competition in Mobile Communication Cooperation
On January 19, 2021, the FCO announced that it would closely monitor cooperation agreements between Deutsche Telekom, Vodafone, and Telefónica…
UKRS Training Limited v NSAR
On 15 January 2021, the CAT published an order consenting to UKRS Training Limited (UKRS) withdrawing its action against NSAR Limited (NSAR) alleging a breach of the Chapter 2 prohibition.
The Nuremberg-Fürth Regional Court Dismisses a Damages Action Against the Immunity Recipient in the Confectionary Cartel
On January 14, 2021, the Nuremberg-Fürth Regional Court dismissed an action for damages against a confectionery manufacturer, which participated in an information exchange in the so-called “Four Party” discussion group.[1]