On 22 December 2020, the CAT dismissed FP McCann Limited’s (FPM) appeal against the penalty imposed on FPM by the CMA for participating in an illegal cartel relating to precast concrete drainage products (see UK Competition Newsletter, October 2019).
FCO Conditionally Clears Acquisitions in the German Food Retail Sector
By Cleary Gottlieb on
Kaufland/Real and Globus/Real
On December 22, 2020, the FCO cleared the acquisitions of up to 92 “Real” retail stores from SCP Retail S.à.r.l. (“SCP”) by Kaufland Immobilien & Co. KG and Kaufland Dienstleistung GmbH (“Kaufland”)[1] and of up to 24 stores by Globus Holding GmbH & Co. KG (“Globus”).[2] The clearance of Kaufland’s acquisition was subject to Kaufland foregoing the acquisition of nine of the originally planned 101 stores to address concerns in individual local sales markets. Further, SCP undertook to sell Real stores with a total procurement volume of € 200 million p. a. to medium-sized retailers.
The Tar Lazio Annuls Ica Decision on Alleged Abuse of Dominance and Rules That Concentrations Cannot Be Considered as Part of an Abusive Strategy
By Cleary Gottlieb on
The TAR Lazio, annulled a decision by which in 2020 the ICA had imposed a fine on CTS Eventim- TicketOne Group (“TicketOne”) for allegedly abusing its dominant position in the Italian market for the sale of tickets for pop and rock music concerts.[1]
Discovery In Private Follow-On Cartel Litigation
By Cleary Gottlieb on
On December 17, 2020, the Hanover Regional Court ordered the disclosure of the confidential version of an infringement decision of the EC (the “Infringement Decision”).[1] It is the first decision granting access to a confidential version of a previously nondisclosed decision by a competition authority. Other courts have shown a tendency to limit the scope of the disclosure rights.[2]
The General Court Rules on Circumstances in Which Sports Organizations May Restrict Participation in Third-party Events
By Cleary Gottlieb on
On December 16, 2020, the General Court partially annulled the Commission’s decision in the International Skating Union’s Eligibility rules case.[1] The General Court upheld the Commission’s finding that the International Skating Union’s (“ISU”) eligibility rules (“Eligibility Rules”), which prescribed severe penalties on participants of third-party events not authorized by the ISU, were in breach of Article 101 TFEU.
Digital Markets: The Commission Publishes Draft Online Platforms Regulations
By Cleary Gottlieb on
On December 15, 2020, the Commission published its proposal for the Digital Markets Act (“DMA”),[1] which would impose a list of ex ante obligations on designated large online platforms that meet certain thresholds. The proposed DMA aims at preventing practices by large online platforms that, according to the Commission, either fall outside or cannot be effectively addressed by the existing EU competition rules. The DMA would represent a far-reaching expansion of the Commission’s regulatory powers in digital markets, and would significantly increase the regulatory burden on the designated companies.
The Commission Publishes Report on the Implementation of the Damages Directive
By Cleary Gottlieb on
Mastercard Incorporated and Others (Appellants) V Walter Hugh Merricks CBE (Respondent)
By Cleary Gottlieb on
On 11 December 2020, the UK Supreme Court handed down its judgment concerning the standard to be applied when certifying collective proceedings before the Competition Appeal Tribunal (CAT) for breaches of the Competition Act 1998 (the Act). Under the Act, collective proceedings may not be pursued beyond the issue and service of a claim form without the CAT’s certification, in the form of a Collective Proceedings Order (CPO).
FCO Opens Additional Investigation of Facebook Practices
By Cleary Gottlieb on
On December 10, 2020, the FCO initiated an investigation against Facebook for requiring users of its Oculus virtual reality glasses to also have a Facebook account.[1]
The Court of Justice Annuls Commission Decision That Accepted Paramount Commitments on Cross-border Pay-TV Restrictions
By Cleary Gottlieb on
On December 9, 2020, the Court of Justice annulled the Commission’s decision that accepted Paramount’s commitments to remove from its licensing agreements with broadcasters any obligation that prevents broadcasters from responding to cross-border requests for pay-TV subscriptions (the “Commitments Decision”).[1] The Court of Justice concluded that the Commitments Decision breached the principle of proportionality because it negated contractual rights of Canal+ and other counterparties to Paramount’s licensing agreements who were not involved in the Commission’s proceedings.