On November 6, 2019, the Commission published a public consultation seeking input on the amendment of the Horizontal Block Exemption Regulations (“Horizontal BERs”), which are set to expire on December 31, 2022, and of the Horizontal Guidelines.[1] Interested parties were given until February 12, 2020 to comment on the reform of these important instruments. The consultation is part of a wider Commission evaluation to determine whether the rules should be updated to better reflect the current economy and provide clearer guidance.
Joint Study on Algorithms by German and French Competition Authorities
On November 6, 2019, the FCO and the French Competition Authority (“ADLC”) presented a joint study on “Algorithms and Competition.”[1] The study focuses on algorithms used for dynamic price setting and their potential effects on competition, particularly in the form of collusion, and contains important insights for companies utilizing third- party algorithms.
Commission Investigates Retail Grocery Sector In France
On November 3, 2019, the Commission opened a formal investigation of potential anticompetitive coordination between two French supermarket chains, Casino and Intermarché. The Commission suspects that the parties’ 2014 joint purchasing alliance, Intermarché-Casino Achats, might have led to them colluding in certain downstream markets, in particular on the development of shop networks and consumer pricing.[1] The Commission’s decision to open an investigation follows the dawn raids that it carried out in May 2019 in cooperation with the French Competition Authority, as reported in our May EU Competition Law Newsletter.
The Court Of Justice Issues Judgments In Four Power Cables Cases
In November 2019, the Court of Justice issued judgments in four cases arising out of the Commission’s 2014 decision in Power Cables. In the decision, the Commission found several European, Japanese, and Korean high-voltage power cables producers to have engaged in a cartel and imposed fines totaling €302 million.[1] The scope of the infringement included both the power cables and their accessories. Most of the addressees challenged the decision in the General Court, in each case unsuccessfully, and subsequently in the Court of Justice. This month, the Court of Justice rendered judgments on the appeals filed by ABB Ltd and ABB AB (“ABB”), Silec, Brugg Kabel, and LS Cable, partially upholding ABB’s appeal while dismissing the other three appeals.[2]
The Commission Approves Vodafone’s Acquisition Of Liberty Global’s Cable Business Subject To Cable Access Remedies, A First In The Industry
On October 30, 2019, the Commission published its July 2019 decision to conditionally approve the acquisition by Vodafone of Liberty Global’s cable business in Germany, the Czech Republic, Hungary, and Romania, following an in-depth Phase II investigation.[1] The decision marks the first-ever cable access commitment approved by the Commission in the telecommunications sector.
The French National Architects Council Fined €1.5 Million for Anticompetitive Practices
On September 30, 2019, the FCA sanctioned the French National Architects Council (Ordre des architectes) for fixing prices in the context of public works contracts.
ICA Imposes Interim Measures in Abuse of Dominance Case in Market for Management of Plastic Waste Recycling Services
On October 29, 2019, the Italian Competition Authority (the “ICA”) issued a decision (the “Decision”)[1] imposing interim measures on the Italian Consortium for the Collection, Recycling and Recovery of Plastic Packaging (“COREPLA”) in the framework of the investigation it opened six months earlier into COREPLA’s alleged abuse of dominant position in the market for management of plastic waste recycling services. According to the ICA, the interim measures will prevent serious and irreparable harm to competition likely to be caused by COREPLA’s conduct, which prima facie constitutes an infringement of Article 102 TFEU.
The FCA Will Not Extend Most of the Commitments Undertaken by Altice Upon Acquiring SFR
On October 28, 2019, the FCA decided not to extend the five-year commitments undertaken by Altice upon acquiring SFR in 2014. Yet, the FCA maintained an injunction imposed on Altice in 2017 for co-deploying the fiber optic network with Bouygues Telecom.
The Commission Publishes Its Decision To Fine Canon For Gun-Jumping
On October 22, 2019, the Commission published its decision to fine Canon a total of €28 million for failure to file its acquisition of Toshiba Medical Systems Corporation (“TMSC”).[1] Canon acquired TMSC via a warehousing arrangement, which involved a special purpose vehicle (“SPV”) that held most of TMSC’s shares pending merger control approval.
The Paris Court of Appeals Reduces Stihl’s Fine for Online Sales Restrictions
On October 17, 2019, the Paris Court of Appeals confirmed the FCA’s decision against Stihl for online sales restrictions, but reduced the fine from EUR 7 million to EUR 6 million.[1]