On December 30, 2019, the FCO approved the creation of a joint venture by Telekom Deutschland GmbH (“Telekom”) and EWE AG (“EWE”) for the expansion and operation of fiber-optic networks (FTTB/H)[1] in parts of north-west Germany after an in-depth review.[2]
FCO Finds No Market Dominance in the Electricity Generation Sector
By Cleary Gottlieb on
On December 19, 2019, the FCO published its first report on market power in the electricity generation sector (“Market Power Report”).[1] The report is intended to provide market participants with more legal clarity as to their own position in the market, thereby complementing the recently published FCO/FNA Guidelines on the control of abusive behavior in the electricity generation and wholesale trade sector[2].
The FCO’s Activities in 2019
By Cleary Gottlieb on
On December 27, 2019, the FCO published a summary of its activities in 2019.[1] In 2019, the FCO imposed fines in cartel proceedings totaling approximately €848 million in five cartel proceedings, examined around 1,400 notified mergers, conducted numerous abuse of dominance proceedings (including against Facebook and Amazon), and received 104 applications for review in public procurement cases.
The New Caledonian Competition Authority Issues Its First Decision To Impose Sanctions Relating to the Exclusive Distribution of Elevators
By Cleary Gottlieb on
On December 26, 2019, the New Caledonian Competition Authority issued its first decision to impose sanctions, fining four undertakings, two suppliers and two distributors for having established exclusive import rights in the elevator sector (Decision 2019-PAC-05). The Authority issued a total fine of CFP 7.6 million (approx. 63,688 euros) and accepted the binding commitments offered by the four undertakings.
The Council of State Orders the ICA to Re-assess Alleged Anticompetitive Conduct in the Market for Maintenance Services for TIM’s Electronic Communications Networks
By Cleary Gottlieb on
On December 23, 2019, the Council of State upheld the appeals brought by TIM and a number of firms active in the provision of corrective maintenance services for its electronic communications networks (the “Maintenance Firms”)against the judgments of the TAR Lazio that had confirmed the ICA’s decision finding an anticompetitive agreement in the market for the above-mentioned services.[1]
The Council of State Orders the ICA to Refund the Fine Imposed on a Non-appellant Firm Following the Annulment of the Decision Finding an Infringement
By Cleary Gottlieb on
The Council of State ordered the ICA to refund a cartel fine imposed on Hapag Lloyd Italy S.r.l. (“Hapag Lloyd”), after the underlying infringement decision was overturned based on appeals brought by other cartelists.[1]
FCO Finds No Market Dominance in the Electricity Generation Sector in Second Market Power Report
By Cleary Gottlieb on
On December 28, 2020, the FCO published its second report on market power for the electricity generation sector (“Market Power Report”)[1] one year earlier than statutorily required, because the FCO considered the imminent phase-out of nuclear and coal energy could affect the position of the market leader RWE.
FCO Blocks 3-To-2 Merger of Cash Handling Service Providers
By Cleary Gottlieb on
On December 18, 2019, the FCO prohibited cash handling service provider Loomis AB’s acquisition of its competitor Ziemann Sicherheit Holding GmbH (“Ziemann”).[1] Loomis AB and Ziemann are the third and second-largest cash handling service providers in a number of regional markets in the west and north of Germany behind market leader Prosegur.
The Court of Milan Dismisses a Follow-on Action for Damages Brought Against the Incumbent in the Italian Electronic Communications Sector
By Cleary Gottlieb on
On December 18, 2019, the Court of Milan rejected an action for damages brought by Enter S.r.l. (“Enter”) against Telecom Italia S.p.A. (“TIM”) in follow-on litigation for an alleged abuse of dominance in the provision of wholesale access services, which had been established and fined by the Italian Competition Authority (the “ICA”) in 2013.[1]
The French Competition Authority (“FCA”) Fines the Four Historical Meal Voucher Issuers for Exchanging Commercially Sensitive Information and Locking Their Market
By Cleary Gottlieb on
On December 17, 2019, the FCA issued fines of nearly 415 million euros to the four historical issuers of meal vouchers in France – namely Edenred France, Natixis Intertitres, Sodexo Pass France, and Up – as well as the Centrale de Règlement des Titres (“CRT”) for exchanging confidential commercial information and implementing market locking practices.