On January 16, 2020, the FCA dismissed a complaint by French terrestrial digital television broadcaster towerCast which alleged that its competitor TDF’s acquisition of Itas,[1] constituted an abuse of dominance on the wholesale markets for digital terrestrial television broadcasting services (the “Decision”).
The TAR Lazio Quashes an ICA Decision Concerning an Alleged Abuse of Dominance in the Newspaper Sector
By Cleary Gottlieb on
On January 16, 2020, the TAR Lazio[1] accepted the application filed by Società Iniziative Editoriali S.p.A. (hereinafter “SIE”), a company active in the daily newspaper market and publisher of the main daily newspaper in the area of Trento (L’Adige), for annulment of an ICA decision finding SIE to have abused its dominant position on the said market by refusing to license the editorial contents of its newspaper to companies providing daily press reviews in the area of Trento.
The Council of State Annuls an ICA Decision Sanctioning an Alleged Abuse of Dominance in the Gas Distribution Sector, by Relying on Coase’s and Hobbes’ Theories of Economic Efficiency
By Cleary Gottlieb on
On January 13, 2020, the Council of State upheld the appeals lodged by E.S.TR.A. S.p.A. and its subsidiary E.S.TR.A. Reti Gas S.r.l. (together, “E.S.TR.A.”),[1] and annulled the 2012 decision in which the ICA had fined E.S.TR.A. for abusing its dominant position in a local market for gas distribution, in a case raising novel and complex issues.
FCO Imposes Further Cartels Fines
By Cleary Gottlieb on
On December 19, 2019, the FCO imposed fines of €195,000 on four German suppliers of liquid gas for geographic market sharing between 2006 and 2016.[1] In setting the fines, the FCO notably considered the low impact of the cartel arrangements due to the suppliers’ small market shares.
Tobii AV v Competition and Markets Authority (January 2020)
By Cleary Gottlieb on
On 10 January 2020, the CAT handed down its judgment on Tobii’s appeal of the CMA’s SLC decision and order requiring the full divestiture of Smartbox.
The Council of State Reiterates the Principle That Evidence Produced in Criminal Proceedings May Be Used by the ICA To Demonstrate an Anticompetitive Infringement
By Cleary Gottlieb on
On January 10, 2020, the Council of State rejected the appeals brought against two judgments issued by the TAR Lazio in 2016, which upheld an ICA decision finding an anticompetitive bid rigging agreement in the railway transportation sector.[1] In particular, in 2015 the ICA found that 12 companies active in the railway industry had secretly colluded with a view systematically to allocating public procurement contracts covering the whole national territory, as well as by agreeing on their respective bids.[2]
The French Competition Authorities Announces Its Enforcement Priorities for 2020 and Creates a Dedicated Digital Department
By Cleary Gottlieb on
On January 9, 2020, the French Competition Authority (“FCA”) announced its main priorities for 2020.1[1] The regulator stressed that the digital and retail sectors would remain at the top of its agenda given the recent developments in these fields and the challenging competition issues they raise. Trade associations and unions may also face more significant fines while climate concerns may raise discussions between regulators to enhance environmental protection. On the legislative front, the FCA will follow the implementation of the ECN+ Directive in France and the upcoming revision of French merger control guidelines.
The Commission Reviews a Decision To Cut Jobs in a Divested Compressor Plant Following the Nidec/ Embraco Phase II Merger Approval
By Cleary Gottlieb on
On January 6, 2020, the Commission announced that it would investigate job losses in a plant in Fürstenfeld, Austria, following the acquisition of Whirlpool’s refrigeration compressor business, Embraco, by Nidec, a Japanese manufacturer of electric motors, powertrains, and other related industrial components. The Commission had conditionally approved the transaction following an in-depth merger control investigation, allowing the creation of a leading player in the refrigeration sector.[1]
The Council of State Annuls the Judgments of the Tar Lazio That Quashed an Ica Decision Fining Bid-rigging Practices in the Home Oxygen Therapy and Home Mechanical Ventilation Sectors
By Cleary Gottlieb on
Background
The decision of the ICA
On December 21, 2016, the ICA concluded its investigation into certain anticompetitive practices allegedly implemented by major firms active in the provision of home oxygen therapy (“HO”) and home mechanical ventilation (“HMV”) services. According to the ICA, Linde Medicale S.r.l. (“Linde”), Medicair Italia S.r.l. (“Medicair”), Medigas Italia S.r.l. (“Medigas”), Sapio Life S.r.l. (“Sapio”), Vitalaire Italia S.p.A. (“Vitalaire”), Vivisol S.r.l. (“Vivisol”), Eubios S.r.l. (“Eubios”), Oxy Live S.r.l. (“Oxy”), Ossigas S.r.l. (“Ossigas”), Magaldi Life S.r.l. (“Magaldi”) and Ter.gas. S.r.l. (“Ter.gas.”) participated in three separate agreements affecting the outcome of open tender procedures for the provision of HMV in part of the Milan province, HMV and HO in the Marche region and HO in the Campania region, launched by ASL Milano 1, ASUR Marche and SORESA between 2012 and 2014.[1]
2019 Reveiw
By Cleary Gottlieb on
CMA Activity
In 2019, the CMA devoted considerable resources to preparing for the UK’s exit from the EU. It carried out a consultation and published guidance on the functions of the CMA after a ‘no deal’ exit from the EU. In anticipation of its increased workload, it recruited additional staff at all seniority levels and completed its move to new premises in Canary Wharf. It also increased its focus on digital markets and took a less permissive approach to gun-jumping and failures to provide full responses to formal requests for information.