Cleary Gottlieb Antitrust Developments in Europe

Antitrust laws and proceedings in Europe, both at the Union and national/member state levels, profoundly shape the European and international business landscape. It is essential, therefore, that business leaders and legal practitioners remain informed of the most important antitrust law developments and their effect on the business world. Cleary Gottlieb Antitrust Law Developments covers a full range of antitrust issues, such as mergers and acquisitions; abuse of dominant position/monopolization; imposition of fines on both natural persons and companies, etc.

Covering the full range of issues, Cleary Gottlieb Antitrust Developments in Europe 2017 provides a practical commentary on the major developments of 2017/early 2018 in antitrust law at the EU level and in select Member States.

Cleary Gottlieb Antitrust Law Developments yearbook contains insightful and concise analysis of major antitrust actions.

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Print Book :1 volume, softbound, updated annually
2018 Edition
ISBN: 9781522179030
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As with prior editions, the 2018 (release 2019) yearbook edition of Antitrust Developments in Europe is divided into two sections: Part I provides an overview of EU competition law developments, while Part II summarizes key national competition law developments that have taken place in the title year. Both sections are further subdivided by substantive topic area, and by jurisdiction in the case of Part II.

Cleary Gottlieb Antitrust Developments in Europe, covers a number of topics such as: the application of EU and national antitrust laws to domestic and cross-border mergers, acquisitions, joint ventures and minority holdings; relations among competitors and among companies operating at different levels of trade; the behavior of dominant companies; the application of State aid rules; proceedings before the European Commission and national antitrust authorities; arbitration; and litigation before the European Courts and national courts.

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Table of Contents

PART I EU Competition Developments

CHAPTER I HORIZONTAL AGREEMENTS

European Court of Justice Judgments
F. HOFFMANN-LA ROCHE AND OTHERS (CASE C-179/16)
Updates
THE COMMISSION OPENS A FORMAL INVESTIGATION INTO CAR EMISSIONS COLLUSION
THE COMMISSION SENDS A STATEMENT OF OBJECTIONS TO SLOVAK RAIL COMPANY ZSSK FOR OBSTRUCTION DURING INSPECTION
THE GENERAL COURT REJECTS A REQUEST FOR INTERIM MEASURES PREVENTING THE COMMISSION FROM PUBLISHING THE EIRDCARTEL CASE DECISION


CHAPTER II FINING POLICY
European Court of Justice Judgments
DEUTSCHE BAHN AND OTHERS V. COMMISSION (CASE C-264/16P); KÜHNE +NAGEL INTERNATIONAL AND OTHERS V. COMMISSION (CASE C-261/16P); PANALPINA WORLD TRANSPORT (HOLDING) AND OTHERS V. COMMISSION (CASE C-271/16P); AND SCHENKER V. COMMISSION (CASE C-263/16P)
General Court Judgments
THE GOLDMAN SACHS GROUP V. COMMISSION (CASE T-419/14)
RETAIL FOOD PACKAGING (CASE COMP/AT.39563)

CHAPTER III ABUSE
European Court of Justice Judgments
MEO—SERVIÇOS DE COMUNICAÇÕES E MULTIMÉDIA (CASE C-525/16)
European Court of Justice Preliminary Rulings
APPLE SALES INTERNATIONAL, APPLE INC., APPLE RETAIL FRANCE EURL V. MJA (CASE C-595/17)
Commission Decisions
UPSTREAM GAS SUPPLIES IN CENTRAL AND EASTERN EUROPE (GAZPROM) (CASE COMP/AT.39816)
GOOGLE ANDROID (CASE COMP/AT.40428)

CHAPTER IV VERTICAL RESTRAINTS
Updates
VISA AND MASTERCARD OFFER COMMITMENTS AND THE COMMISSION IMPOSES A FINE ON MASTERCARD
THE COMMISSION CONSULTS ON THE MARITIME CONSORTIA BLOCK EXEMPTION REGULATION
THE COMMISSION OPENS A FORMAL INVESTIGATION INTO AIRLINE TICKET DISTRIBUTION SERVICES
GUESS
(CASE COMP/AT.40428)

CHAPTER V MERGERS AND ACQUISITIONS
European Court of Justice Judgments
ERNST & YOUNG (CASE C-633/16)
General Court Judgments
DEUTSCHE LUFTHANSA V. COMMISSION (CASE T-712/16)
Phase II Decisions With Undertakings
QUALCOMM/NXP SEMICONDUCTORS (CASE COMP/M.8306)
Phase II Decisions Without Undertakings
APPLE/SHAZAM (CASE COMP/M.8788)
T-MOBILE NL/TELE2 NL (CASE COMP/M.8792)
Phase I Decisions With Undertakings
BD/BARD (CASE COMP/M.8523)
LUFTHANSA/CERTAIN AIR BERLIN ASSETS (CASE COMP/M.8633)
DISCOVERY/SCRIPPS (CASE COMP/M.8665)
MAERSK LINE/HSDG (CASE COMP/M.8330)
ALTICE/PT PORTUGAL (CASE COMP/M.7993)
DAIMLER/BMW/CAR SHARING JV (CASE COMP/M.8744)
ENERGIZER/SPECTRUM BRANDS (BATTERY AND PORTABLE LIGHTING BUSINESS) (CASE COMP/M.8988)
Updates
THE COMMISSION ISSUES A STATEMENT OF OBJECTIONS IN SIEMENS/ALSTOM
THE COMMISSION OPENS A PHASE II INVESTIGATION IN TATA STEEL/THYSSENKRUPP
THE COMMISSION SENDS SUPPLEMENTARY STATEMENT OF OBJECTIONS TO CANON FOR POSSIBLE GUN-JUMPING
THE COMMISSION OPENS A PHASE II INVESTIGATION IN APERAM/VDM
ASL SEEKS DAMAGES FROM THE COMMISSION FOLLOWING THE ANNULMENT OF THE UPS/TNT EXPRESS PROHIBITION DECISION
THE COMMISSION TRIALS MACHINE LEARNING IN THALES/GEMALTO MERGER REVIEW


CHAPTER VI STATE AID
European Court of Justice Judgments
COMMISSION V.FIH HOLDING AND FIH ERHVERVSBANK (CASE C-579/16P)
CELLNEX TELECOM AND TELECOM CASTILLA-LA MANCHA V. COMMISSION (JOINED CASES C-91/17P AND C-92/17P)
COMMISSION V. SPAIN AND OTHERS (CASE C-128/16P)
COMMISSION V. FRANCE AND IFP ENERGIES NOUVELLES (CASE C-438/16P)
General Court Judgments
ALOUMINION TIS ELLADOS V. COMMISSION (CASE T-542/11RENV)
NAVIERA ARMAS V. COMMISSION (CASE T-108/16)
NETFLIX INTERNATIONAL AND NETFLIX V. COMMISSION (CASE T-818/16)
GRONINGEN SEAPORTS AND OTHERS V. COMMISSION (CASE T-160/16)
AUSTRIA V. COMMISSION (CASE T-356/1)
Commission Decisions
CROSS-BORDER ACCESS TO PAY-TV (CASE COMP/AT.40023)

CHAPTER VII POLICY AND PROCEDURE
European Court of Justice Judgments
NEXANS FRANCE AND NEXANS V. COMMISSION (CASE C-65/18P(R))
EUROPEAN UNION V. GASCOGNE SACK DEUTSCHLAND AND GASCOGNE (JOINED CASES C-138/17P AND C-146/17P)
General Court Judgments
EDEKA V. COMMISSION (CASE T-611/15)
SERVIER AND OTHERS V. COMMISSION (CASE T-691/14)
Commission Guidance
THE COMMISSION PUBLISHES A ROADMAP FOR UPCOMING PUBLIC CONSULTATION ON THE VERTICAL BLOCK EXEMPTION REGULATION
Updates
THE EUROPEAN COURT OF HUMAN RIGHTS REQUIRES SLOVENIAN COURTS TO REVIEW THE COMPETITION AUTHORITY’S FINE IMPOSED FOR DAWN RAID OBSTRUCTION
THE EUROPEAN PARLIAMENT FORMALLY ADOPTS THE ECN+DIRECTIVE
THE COMMISSION PUBLISHES A ROAD MAP FOR LENIENCY IN NON-CARTEL CASES


PART II National Competition Developments

CHAPTER I FRANCE

Horizontal Agreements
THE FCA FINED RANDSTAD FOR VIOLATING ITS COMMITMENT TO REDUCE MARKET TRANSPARENCY IN THE TEMPORARY WORK SECTOR
THE FCA REJECTED A COMPLAINT AGAINST HPE, IBM AND ORACLE IN THE MARKETS FOR COMPUTING SERVER MAINTENANCE AND STORAGE SOLUTIONS

Abuse
LESSONS FROM A 17-YEAR OLD PREDATORY PRICING CASE ON CALCULATING INCREMENTAL COSTS AND THE ANALYSIS OF ACTUAL EFFECTS
THE FCA SANCTIONED JANSSEN-CILAG’S DISPARAGEMENT PRACTICES AIMED AT RESTRICTING THE DEVELOPMENT OF A GENERIC DRUG

Vertical Agreements
THE PARIS COURT OF APPEAL UPHELD THE LEGALITY OF COTY’S SELECTIVE DISTRIBUTION NETWORK THAT RESTRICTS RESALES ON THIRD-PARTY PLATFORMS

CHAPTER II GERMANY
Horizontal Agreements
FCO FINES SPECIALTY STEEL COMPANIES FOR PRICE-FIXING
Abuse
FEDERAL COURT OF JUSTICE CONFIRMS UNLAWFULNESS OF ASICS’S PROHIBITION ON ADVERTISING ON PRICE COMPARISON WEBSITES
FEDERAL COURT OF JUSTICE CONFIRMS ILLEGALITY OF EDEKA’S UNILATERAL REQUESTS FOR “WEDDING REBATES”

Mergers and Acquisitions
JOINT GERMAN AND AUSTRIAN GUIDANCE PAPER ON TRANSACTION VALUE THRESHOLDS

CHAPTER III ITALY
Horizontal Agreements
THE ITALIAN COMPETITION AUTHORITY UPHOLDS THE IMPOSITION OF EX-PARTE INTERIM MEASURES ORDERING TELECOM OPERATORS TO SUSPEND THEIR COORDINATED BEHAVIOR AND TO INDEPENDENTLY SET THEIR PRICING STRATEGIES
Abuse
THE TAR LAZIO TAKES A STAND ON THE AEC TEST, REJECTING UNILEVER’S APPEAL IN AN EXCLUSIVE DEALING CASE
Policy and Procedure
THE TAR LAZIO INCLUDES ANTITRUST INFRINGEMENTS AMONG THE GROUNDS THAT JUSTIFY THE EXCLUSION OF AN UNDERTAKING FROM A FUTURE TENDER PROCEDURE
EXCESSIVE DURATION OF PRE-INVESTIGATION PHASE: TAR LAZIO ANNULS ICA DECISION ON THE BASIS OF ARTICLE 6 ECHR AND ARTICLE 41 OF THE EUROPEAN CHARTER OF FUNDAMENTAL RIGHTS


CHAPTER IV SPAIN
Horizontal Agreements
THE SPANISH COMPETITION AUTHORITY FINES 11 SOFTWARE DEVELOPERS €30MILLION FOR BID RIGGING
Fining Policy
THE SPANISH HIGH COURT ANNULS FINES IMPOSED ON INDIVIDUALS IN ADULT DIAPERS CARTEL CASE
THE SPANISH SUPREME COURT ANNULS A JUDGMENT OF THE SPANISH HIGH COURT AND UPHOLDS
A FINE IMPOSED ON CORREOS FOR BREACH OF COMMITMENTS REGARDING DISCOUNTS FOR LARGE CLIENTS

Policy and Procedure
THE SPANISH SUPREME COURT CLARIFIES THE SCOPE OF JUDICIAL REVIEW OF COMPETITION CASES BY LIMITING LOWER COURT’S ABILITY TO SUBSTITUTE THE CNMC’S REASONING WITH THE COURT’S OWN
SPANISH SUPREME COURT ANNULS THE VALIDITY OF A RAID ON REPSOL

Abuse
THE SPANISH SUPREME COURT CONFIRMS THAT THE AEC TEST IS NOT THE ONLY RELEVANT TEST FOR ESTABLISHING MARGIN SQUEEZES IN CASES OF COLLECTIVE DOMINANCE

CHAPTER V UNITED KINGDOM
Horizontal Agreements
SAINSBURY’S V. VISA
HOUSEHOLD FUEL CARTEL INFRINGEMENT DECISION
CMA DIRECTOR DISQUALIFICATION
DEUTSCHE BAHN V. MASTERCARD
PEUGEOT S.A. V. NSK LTD
OFGEM CHAPTER I STATEMENT OF OBJECTIONS
BRITISH AIRWAYS V. MASTERCARD
VATTENFALL V. PRYSMIAN AND NKT
ASDA, ARCADIA AND OTHERS V. MASTERCARD
CMA LAUNCHES NEW CARTEL AWARENESS CAMPAIGN
BRITNED DEVELOPMENT LTD. V. ABB AB AND ABB LTD
CLEANROOM SERVICES COMPANIES FINED

Fining Policy
GALLAHER V. CMA
Abuse
EXCESSIVE PRICING: HOW MUCH IS TOO MUCH?
UNLOCKD V. GOOGLE
APPLE V. QUALCOMM
CMA UPDATES THE TIMING OF ITS INVESTIGATIONS INTO THE SUPPLY OF HYDROCORTISONE TABLETS

Vertical Agreements
PING EUROPE LIMITED V. CMA
CMA ISSUES STATEMENT OF OBJECTIONS TO COMPARETHEMARKET
CMA ISSUES STATEMENT OF OBJECTIONS RELATING TO A CARTEL FOR SUPPLY OF PRECAST CONCRETE DRAINAGE PRODUCTS

Mergers and Acquisitions
REVIEW OF COMPLETED MERGERS 2017
CMA PUBLISHES REVISED GUIDANCE ON REMEDIES FOR PHASE I AND PHASE II MERGER INVESTIGATIONS
POLITICS AND U.K. MERGER ENFORCEMENT
NATIONAL SECURITY CONSULTATION
TESCO/BOOKER
ELECTRO RENT/MICROLEASE
EUROPEAN METAL RECYCLING/METAL AND WASTE RECYCLING
REFRESCO GROUP N.V/COTT CORPORATION INC
SSE RETAIL/NPOWER
TRINITY MIRROR/NORTHERN & SHELL MEDIA GROUP
FOX/SKY
MOTOR FUEL GROUP/MRH
AUSURUS GROUP/METAL & WASTE RECYCLING
CMA PUBLISHES REVISED GUIDANCE ON MERGER FEES
NIELSEN/EBIQUITY

Policy and Procedure
HOUSE OF LORDS PUBLISHES REPORT OF IMPACT OF BREXIT ON U.K. COMPETITION POLICY
EUROPEAN COUNCIL ADOPTS NEW GUIDELINES ON POST-BREXIT RELATIONSHIP WITH U.K.
FCA DISCUSSION PAPER ON FAIR PRICING IN FINANCIAL SERVICES
WALTER HUGH MERRICKS CBE V. MASTERCARD

Market Investigations
SECTOR FOCUS: ANNUAL PLAN FOR 2017/2018
CONCURRENT AGENCY JURISDICTION INCREASES THE SCOPE FOR ENFORCEMENT ACTIVITY IN THE U.K. FINANCIAL SERVICES SECTOR
CARILLION REPORT CALLS FOR CMA INVESTIGATION INTO AUDIT MARKET
CMA ADVOCATES INCREASED REGULATION OF HEAT NETWORKS
CMA PUBLISHES INTERIM REPORT ON THE FUNERAL MARKET STUDY AND CONSULTS ON MARKET INVESTIGATION REFERENCE
CMA PUBLISHES FINAL REPORT IN INVESTMENT CONSULTANTS MARKET INVESTIGATION
CMA PROPOSES AUDIT SECTOR REFORMS
CMA RESPONDS TO “LOYALTY PENALTY” SUPER-COMPLAINT
Brexit
CMA PREPARES FOR BREXIT WHILE CONTINUING TO INCREASE COMPETITION ACT ENFORCEMENT ACTIVITY AND “CALL IN” COMPLETED MERGERS U
.K. GOVERNMENT CONFIRMS CMA WOULD BE STATE AID REGULATOR FOLLOWING BREXIT
NO DEAL BREXIT: GEO-BLOCKING OF ONLINE CONTENT TECHNICAL NOTICE “DEAL” OR “NO DEAL” EXIT—POTENTIAL IMPLICATIONS FOR U.K. COMPETITION LAW ENFORCEMENT?


INDEX