On October 8, 2020, Advocate General Hogan delivered his opinion to the Court of Justice in which he argued the General Court had breached the principle of equal treatment in recalculating the fine imposed in 2014 by the Commission on Italian steel abrasives producer Pometon SpA (“Pometon”). Pometon was fined for participating in an alleged cartel by engaging in price coordination.[1] The Advocate General recommended that the Court of Justice should reduce the fine from €3.9 to €2.6 million.

On October 7, 2020 the Commission accepted commitments offered by Broadcom to address concerns relating to the sale of chipsets used in TV set-top boxes (“STBs”) and in internet modems.[1] This marks the end of a case that unusually combined the use of interim measures and the commitments procedure.[2] The Commission may view this case as a blueprint to achieving expedited resolutions of antitrust investigations in technology markets and beyond.

On October 7, 2020, the Frankfurt am Main Court of Appeals found the top-tier sports association for beach volleyball (Deutscher Volleyball-Verband, “DVV”) liable for abusing its dominant position by discriminating the plaintiffs, two female professional volleyball players.[1] The plaintiffs were awarded USD 17,000 in damages reflecting the prize money the plaintiffs missed out on during that period of time.

On October 5, 2020, the General Court partially annulled three European Commission decisions ordering French supermarket groups Casino and Intermarché to submit to unannounced inspections.1[1]The General Court found that the Commission did not have sufficiently strong evidence to suspect one of the alleged infringements and had therefore breached the dawn raided companies’ right to the inviolability of the home.

On October 5, 2020, the French Tribunal des Conflits confirmed that the Paris Court of Appeals had jurisdiction to rule on the appeal lodged by Google against an FCA interim measures decision, in which Google alleged that the FCA had breached its right to the protection of business secrets by publishing information that had previously been granted confidential treatment by the investigation services.[1]

On October 5, 2020, the General Court dismissed an action for annulment by HeidelbergCement and Schwenk Zement (the “parent companies”) against the Commission’s April 2017 decision,[1] which prohibited their acquisition of Cemex’s Croatian and Hungarian subsidiaries through Duna-Dráva Cement (“DDC”), a full-function JV (“JV”) equally owned and controlled by the parent companies. [2]

October 2020 saw important developments with respect to the procedural framework surrounding the Commission’s evidence-gathering powers. A General Court judgment on the appropriateness of dawn raids at three French supermarket chains and the Court’s interim order regarding the Commission’s ongoing probe into Facebook’s data practices both have practical implications for companies under investigation.

In October 2020, the Federal Cartel Office (“FCO”) initiated an investigation against Amazon’s and Apple’s agreement to exclude non-authorized dealers from selling Apple products on the Amazon Marketplace.[1] While the FCO has not published a press release about the proceedings yet, the investigation is expected to focus on whether combatting product piracy justifies this practice.