EU Competition Law Newsletter
Below are links to EU Competition Law Newsletters that Cleary publishes each month.
2020
July/August
Highlights
Commission Adopts Guidance For National Courts When Handling Disclosure Of Confidential Information In Private Cartel Follow-On Damages Litigation
- Following a public consultation launched in July 2019, the Commission adopted a guidance document on the protection of confidential information in proceedings for the private enforcement of EU competition law based on the Antitrust Damages Directive (“ADD”). The Confidentiality Guidance is intended for use by national courts to ensure consistency across Member States regarding access to and the protection of confidential information disclosed in private enforcement proceedings. The Communication is not binding and does not modify the rules applicable in different Member States, but rather outlines a number of measures and tools national courts may employ to help protect confidential information.
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UPS/TNT: The General Court Awards UPS A Fraction Of Its Requested Costs Arising From Its Successful 2017 Application For Annulment Of The European Commission’s Prohibition Decision
- On August 17, 2020, the General Court ordered the Commission to pay EUR 270,250 in recoverable costs to UPS. UPS’ application for costs followed its successful 2017 action for annulment of the Commission’s January 30, 2013, veto of UPS’ takeover of TNT.
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The Commission Approves Mastercard’s Acquisition Of Nets’ Account-To-Account Payments Business Subject To Remedies
- On August 17, 2020, the Commission conditionally approved Mastercard’s acquisition of Nets’ payment application division, following a Phase I review (“the Transaction”). The Commission reviewed the Transaction following a referral by the Danish Competition and Consumer Authority, and ultimately identified competitive concerns in an EEA-wide market for account-to-account core infrastructure services (“A2A CIS”) in relation to managed solutions that required the transfer of the overlapping business to secure Phase I approval.
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News
Commission Updates
Commission Publishes 2019 Annual Activity Report
- On July 9, 2020, the Commission published its annual report on competition policy, setting out the Commission’s main policy and legislative initiatives, as well as key decisions adopted in 2019.
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Commission Seeks Feedback On Aspen Commitments To Reduce Cancer Medication Prices Addressing Concerns Over Excessive Pricing
- On July 14, 2020, the Commission invited interested parties to comment on commitments offered by Aspen Pharma. The commitments came following a Commission investigation opened on May 15, 2017 into excessive pricing for six life-saving cancer medications that Aspen purchased in 2009. Following the investigation, the Commission had serious concerns that Aspen may have abused a dominant position in a number of national markets.
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The European Commission Announces Internet-of-Things Inquiry
- On July 16, 2020, the European Commission started a sector inquiry in relation to the internet of things (“IoT”) ecosystem, which is becoming increasingly important in Europe and worldwide. The inquiry covers three groups of products: (i) smart home devices, including wearable devices and connected smart home devices, such as fridges, washing machines, smart TVs, smart speakers and lighting systems; (ii) services accessible via smart devices, such as music and video streaming services; and (iii) digital voice assistants. The inquiry is specifically limited to consumer products and therefore does not cover the industrial IoT ecosystem.
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The Commission Conditionally Approves Alstom’s Acquisition of Bombardier’s Rail Division
- On July 31, 2020, the Commission conditionally approved Alstom’s acquisition of Bombardier’s rail transport division, following a Phase I investigation. The Alstom/Bombardier merger is one of the first complex deals to be cleared during the COVID-19 pandemic.
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Court Updates
The Court of Justice Clarifies the Scope of the Commission’s Inspection Powers in Antitrust Proceedings
- On July 16, 2020, the Court of Justice affirmed the judgement of the General Court in the Nexans v Commission, which upheld the Commission’s decision in the Power Cables cartel case. In its judgment, the Court of Justice clarified the scope of the Commission’s inspection powers in antitrust proceedings under Article 20 of Regulation No. 1/2003.
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Please click here to read the complete Newsletter.
2019
2018
Quarterly Reports
2018
2017
2016
2015
2014
2013
2012
2011
2010