On January 14, 2021, the Court of Justice held that a bid-rigging infringement[1] ends when the essential characteristics of the tender contract, in particular the amount to be paid for the works that are the subject of the tender contract, have been definitively agreed.[2] This is the moment when the successful bidder and the contracting authority conclude the tender contract, regardless of whether the payment instalments are made, or the works are completed, after this date.

On January 13, 2021, the Commission conditionally approved the acquisition by the London Stock Exchange Group (“LSEG”) of Refinitiv, following an in-depth Phase II investigation.[1] The decision likely marks the first-ever access commitment in a merger decision approved by the Commission in the financial sector.[2]

On 13 January 2021, the CAT published an order confirming FP McCann Limited (FPM) had infringed the Chapter 1 Prohibition by engaging in a price-fixing and market sharing cartel. As a result, the first condition required for a competition directors disqualification order (CDO) against two of FPM’s directors, Eoin McCann and Francis McCann, was satisfied.

On January 12, 2021, the FCJ dismissed CTS Eventim’s appeal against a decision of the DCA [1], thus confirming the FCO prohibition of CTS Eventim’s acquisition of Four Artists.[2] In its landmark decision, the FCJ clarified that under German merger control law, any strengthening of a dominant position, even if it is not appreciable, can constitute a significant impediment to effective competition (“SIEC”) and serve as grounds for prohibiting a transaction.

On January 6, 2021, the Commission published an inception impact assessment[1] on its latest policy initiative: allowing for more collective bargaining under EU antitrust rules to improve working conditions for self-employed individuals, in particular in relation to digital platform workers (e.g., food delivery services).

On January 4, 2021, the Tribunale di Milano (the “Court of Milan”) rejected a request for an expert’s preliminary assessment of damages in a civil action brought by 7 Pixel s.r.l. (“7 Pixel”) against Google LLC (“Google”, together with 7 Pixel, the “Parties”).[1] The Court of Milan rejected Pixel’s attempt to use a swift settlement-like procedure on the basis of Article 696-bis of the Italian Code of Civil Procedure, which allows the judge to order an expert’s report providing an upfront assessment of the damages.

In four judgments issued on December 28 to 30, 2020,[1] the Council of State upheld four rulings of the Lazio Regional Administrative Court (“TAR Lazio”),[2] which had set aside an infringement decision issued by the Italian Competition Authority (“ICA”) against the Italian top tier football league (Lega Nazionale Professionisti Serie A, “Lega”), its advisor Infront Italy S.r.l. (“Infront”), and TV broadcasters Sky Italia S.r.l. (“SKY”), Reti Televisive Italiane S.p.A. and its subsidiary Mediaset Premium S.p.A. (jointly, “Mediaset”; together with Lega, Infront and Sky, the “Parties”), regarding an alleged anticompetitive agreement to alter the award of TV broadcasting rights for Lega’s 2015-2018 seasons (the “ICA Decision”).[3] The Council of State confirmed that the ICA failed to prove that broadcasters colluded with Lega and Infront over the assignment of broadcasting rights.

On December 23, 2020, the French Competition Authority (“FCA”) presented a summary report of its 2020 activity and set out its priorities for 2021.[1]

On December 22, 2020, the Italian Competition Authority (the “ICA”) jointly and severally fined – in a total amount of approximately €10 million – the corporate entities belonging to the Eventim- TicketOne Group (“TicketOne Group”), namely: CTS Eventim AG & Co. KGaA (“CTS Eventim”), its subsidiary TicketOne S.p.A. (“TicketOne”), as well as five promoters of pop music live events in Italy, namely, Di and Gi S.r.l. (“Di&Gi”), F&P Group S.r.l. in liquidazione (“F&P Group”), Friends & Partners S.p.A. (“Friends&Partners”), Vertigo S.r.l. (“Vertigo”) and Vivo Concerti S.r.l. (“Vivo Concerti”, together, the “Promoters”), which CTS Eventim indirectly acquired between September 2017 and April 2018.[1] The ICA decision found that the TicketOne Group and the Promoters violated Article 102 TFEU by engaging since 2013 in a single and complex abusive strategy in the market for the provision of ticketing services for live pop music concerts (the “Decision”).

On December 22, 2020, the TAR Lazio quashed an infringement decision issued by the ICA (“ICA Decision”) against the public utility company Hera Holding Energia Risorse Ambiente S.p.A. (“Hera”) and its subsidiary Herambiente S.p.A. (“Herambiente”).[1] The ICA Decision found an alleged abuse of dominant position in the markets for the collection of waste paper in a number of municipalities in the region of Emilia- Romagna, for having favored Akron S.p.A. (“Akron”) – Herambiente’s subsidiary active in downstream markets – to the detriment of competitors.[2]