EU Competition Law Newsletter

Below are links to EU Competition Law Newsletters that Cleary publishes each month.

2021

June

Highlights

Facebook: The New Kid On The EC Block

On June 4, 2021, the Commission and the UK Competition and Markets Authority announced parallel investigations concerning Facebook Marketplace. The Commission will investigate at least two potential theories of harm: (i) the potential misuse of data gathered by Facebook, in particular from advertisers, in order to compete with them in other markets where Facebook is active (e.g., in classified ads with Facebook Marketplace); and (ii) the potential tying of Marketplace to Facebook’s social network.

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The Commission Opens A Formal Probe Into Google’s Activities In Ad Tech

On June 22, 2021, the Commission opened a formal investigation into Google’s activities in the online advertising technology sector.

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News

Commission Updates

The Commission Re-Adopts And Amends The YIRD Cartel Decision Against ICAP, Halving The Total Fine

On July 10, 2019, the Court of Justice upheld the General Court’s partial annulment of the Commission’s 2015 decision to fine ICAP c. €15 million for facilitating a cartel in the Yen Interest Rate Derivatives market between 2007 and 2010. The partial annulment concerned the fine calculation (resulting in the entire fine being annulled) while the Commission’s substantive finding that ICAP infringed Article 101 TFEU was upheld.

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The Commission Re-Adopts And Amends EIRD Cartel Decisions Against HSBC, Crédit Agricole, And JP Morgan Chase

On September 24, 2019, the General Court annulled a €33.6 million fine imposed by the Commission on HSBC for its participation in the Euro Interest Rate Derivatives cartel. The General Court upheld the infringement finding, but annulled the fine because the Commission had failed to sufficiently explain its fine calculation methodology, as previously reported.

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The Commission Publishes Initial Feedback From The Consumer Internet Of Things Sector Inquiry

On June 9, 2021, the Commission published a Preliminary Report on the ongoing sector inquiry into the Consumer Internet of Things, launched in July 2020 as part of the Commission’s digital strategy. The Preliminary Report summarizes feedback received from more than 200 stakeholders in relation to the following areas: (i) manufacturing of smart homes (e.g., lighting and security devices); (ii) voice assistants; (iii) provision of consumer IoT services (e.g., health and fitness services or creative content services); and (iv) manufacturing of wearable devices (e.g., smart watches).

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Court Updates

The Battery Recycling Buyer Cartel: Recylex’s “Recycled Facts” Not Sufficient For Partial Immunity

On June 3, 2021, the Court of Justice upheld the General Court’s judgment finding that a leniency applicant must provide evidence of new facts that expand the scope of the conduct to obtain partial immunity from fines under the Commission’s Leniency Notice.

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The Optical Disk Drive Cartel (AG Pitruzzella): Violation Of Defense Rights To No Avail For Fine Reduction

On June 3, 2021, Advocate General Pitruzzella delivered an Opinion in the Optical Disk Drives case, finding that the Commission breached the appellants’ rights of defense, but that the fines imposed should nevertheless stand.

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Please click here to read the complete Newsletter.

2020