On October 17, 2019, the Court of Justice upheld the General Court’s judgment of April 10, 2018, dismissing ethanol producer Alcogroup’s appeal against a Commission decision to carry out a dawn raid during which the Commission allegedly read potentially legally privileged documents.[1] According to the Court of Justice, irregularities during a dawn raid may only result in the annulment of subsequent Commission decisions and not the prior decision authorizing the dawn raid in question. This judgment highlights the need for legal counsel to closely monitor dawn raids, to ensure that Commission officials do not read or seize legally privileged documents.

On October 17, 2019, the Regional Administrative Tribunal for Latium (the “TAR Lazio”) ruled on appeals by companies belonging to the Enel and Acea groups, two major energy firms active, among others, in the distribution and sale of electricity in Italy, against Italian Competition Authority (“ICA”)’s decisions finding that the two incumbents had abused their dominant position in local markets for retail electricity supply.[1]

On October 10, 2019, the Working Group on Competition Law held its annual meeting in Bonn. The FCO and more than 120 competition law experts discussed revisions to the European Vertical Block Exemption Regulation (“VBER”)[1] in light of the digital transformation of the economy.[2] In preparation for this meeting, the FCO had published a comprehensive background paper,[3] setting out the need for adaption and possible adjustments to the VBER to address online distribution and other challenges posed by the digital transformation of the economy.

On October 9, 2019, the FCO unconditionally cleared Rewe-Zentralfinanz eG’s (“Rewe”) acquisition of wholesaler Lekkerland AG & Co. KG (“Lekkerland”).[1] Rewe is mainly active as a food retailer, but also as a food wholesaler, supplying fresh and convenience food to Aral AG’s gas station shops. Lekkerland is a German wholesaler for food and tobacco products whose principal clients are gas station shops, convenience stores and kiosks.

On October 8, 2019, the ICA found that the Italian Federation of Equestrian Sports (“FISE”) had (i) breached the commitments it offered in 2011, and (ii) abused its dominant position in the market for the organization of events and horse races having a professional, amateur or recreational nature, with a view to restricting the activities of amateur operators (or sports promotion bodies).[1]

On 3 October 2019, the CMA accepted commitments ending part of a two-year investigation into Aspen, a pharmaceutical producer.[1] These commitments include an undertaking never previously employed by the CMA to compensate victims of the alleged anti-competitive conduct without the need for private enforcement. The investigation is ongoing in respect of market sharing agreements that the CMA alleges Aspen has entered into with Tiofarma and Amilco.