On March 31, 2020, French Economy Minister Bruno Le Maire verbally notified US defense manufacturer Teledyne that it would block U.S. conglomerate Teledyne’s proposed acquisition of French night vision startup Photonis.[1] This will be the first use by the Economy Ministry of its veto powers over transactions in strategic industries under the French foreign investment control regime.
Statements by Concurrent Sectoral Regulators
By Cleary Gottlieb on
Financial Conduct Authority (FCA) and Payment Systems Regulator (PSR)
The FCA and PSR announced that they support the CMA’s guidance on its approach to business cooperation in response to COVID-19 under competition law and will take a consistent approach to their competition law enforcement activity in the financial services sector. This means that these regulators will not enforce competition law in a way that impedes financial services providers from working together to provide essential services to consumers during the COVID-19 pandemic.
FCO Fines Technical Building Services Providers for Collusive Tendering
By Cleary Gottlieb on
On March 27, 2020, the FCO announced that already in December 2019 it had concluded its proceedings against 11 providers of technical building services.[1] The FCO imposed fines totaling approximately €110 million for collusion in tenders for large building projects.
The French Competition Authority Suspends Procedural Time Limits Due to COVID-19
By Cleary Gottlieb on
On March 27, 2020, the French Competition Authority (“FCA”) published a press release announcing that a number of applicable deadlines for merger review and antitrust proceedings will be adapted further to legal order no. 2020-306 of March 25, 2020 relating to the extension of time- limits during the state of public health emergency.
Judicial Procedure Updates (COVID-19)
By Cleary Gottlieb on
COVID-19 and Civil Procedure Rule Updates. On 25 March 2020, Civil Procedure Rule Practice Direction 51Y (PD51Y) came into force, to facilitate video and audio hearings for the duration of the pandemic.
Royal Mail Group Limited v Daf Trucks Limited and Others (Trucks Cartels)
By Cleary Gottlieb on
On 26 March 2020, the CAT granted permission for the defendants to appeal a CAT judgment on a preliminary issue,…
The European Commission Authorizes an Amendment to the French Recovery Plan
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FCO Approves DFL Tender Model for Bundesliga Media Rights
By Cleary Gottlieb on
On March 20, 2020, the FCO approved the German Football League’s (DFL Deutsche Fußball Liga, “DFL”) model to tender media rights for first and second-division Bundesliga matches for the seasons 2021/22 to 2024/25.[1] To address the FCO’s concern, the DFL had offered various commitments, including a so-called “no single buyer” rule.
The French Competition Authority Imposes Record Fine on Apple for Vertical Practices and Abuse of Economic Dependence
By Cleary Gottlieb on
On March 16, 2020, the FCA imposed a €1.1 billion fine on Apple for entering in anticompetitive agreements with its distributors and abusing the situation of economic dependency of its network of Apple Premium Resellers, issuing by far its highest fine ever. The decision follows a lengthy investigation initiated in 2012, when the then-largest French Apple Premium Reseller eBizcuss accused Apple of abusing its dominant position.
The TAR Lazio Upholds the ICA Decision to Fine the Members of a Cartels for the Assignment of Broadcasting Rights for Football Matches in Countries Other Than Italy
By Cleary Gottlieb on
On March 16, 2020, the TAR Lazio delivered its ruling in the judicial review proceedings concerning the 2019 ICA decision finding that, from 2008 to 2015, the MP Silva Group, the IMG Group, and the B4 Capital Group coordinated their bids in the procedures for the assignment of international audiovisual rights for the broadcasting of the matches of the football seasons relating to the Serie A and B, the Italy Cup and the Italian Super Cup, in countries other than Italy.[1]