EU Competition Law Newsletter

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

2020

December

Highlights

Digital Markets: The Commission Publishes Draft Online Platform Regulations

On December 15, 2020, the Commission published its proposal for the Digital Markets Act, which would impose a list of ex ante obligations on designated large online platforms that meet certain thresholds. The proposed DMA aims at preventing practices by large online platforms that, according to the Commission, either fall outside or cannot be effectively addressed by the existing EU competition rules.

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The Court of Justice Annuls Commission Decision That Accepted Paramount Commitments on Cross-Border Pay-TV Restrictions

On December 9, 2020, the Court of Justice annulled the Commission’s decision that accepted Paramount’s commitments to remove from its licensing agreements with broadcasters any obligation that prevents broadcasters from responding to cross-border requests for pay-TV subscriptions. The Court of Justice concluded that the Commitments Decision breached the principle of proportionality because it negated contractual rights of Canal+ and other counterparties to Paramount’s licensing agreements who were not involved in the Commission’s proceedings.

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News

Comission Updates

The Commission Publishes Report On The Implementation Of The Damages Directive

On December 14, 2020, six years after the adoption of the Damages Directive, the Commission published a report analyzing its implementation across Member States. The Damages Directive was introduced to harmonize the procedural rules for antitrust damages actions.

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Court Updates

The General Court Rules On Circumstances In Which Sports Organizations May Restrict Participation In Third-Party Events

On December 16, 2020, the General Court partially annulled the Commission’s decision in the International Skating Union’s Eligibility rules case. The General Court upheld the Commission’s finding that the International Skating Union’s eligibility rules, which prescribed severe penalties on participants of third-party events not authorized by the ISU, were in breach of Article 101 TFEU. However, the General Court disagreed with the Commission’s conclusion that the exclusive jurisdiction of the Court of Arbitration for Sport, in relation to disputes regarding the Eligibility Rules and third-party event authorization, “reinforced” the restrictive effects of the Eligibility Rules.

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Please click here to read the complete Newsletter.

2019