The February 2021 issue of Ashurst's competition law newsletter features some of the key competition law developments in December and January, including important judgments by the European Courts on antitrust cases, amendments to the German legislation on merger control and antitrust, landmark rulings by the highest courts in the UK and Germany on private claims for follow-on damages, and final reports market inquiries in Australia and the UK, as well as other news.
Contents
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competition law newsletter | EU
Feb 2021 Kilpailu ja kuluttajavirasto: stop all the clocks, cut off the cartel
On 14 January 2021, the European Court of Justice delivered a preliminary ruling (case C-450/19) setting out guidance on when an anticompetitive agreement on submitting prices in the context of a call for tenders is considered to come to an end.
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competition law newsletter | EU
Feb 2021 Another episode in pay-TV saga as ECJ annuls Paramount's binding commitments
On 9 December 2020, the European Court of Justice set aside a judgment of the General Court upholding a 2016 decision by the European Commission to make binding commitments offered by Paramount on cross-border pay-TV services.
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competition law newsletter | EU
Feb 2021 EU General Court issues judgment in International Skating Union case
On 16 December 2020 the General Court of the European Union (the issued an important ruling in the International Skating Union case.
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competition law newsletter | eu
Feb 2021 European Court of Justice confirms default interest must be awarded on fines reimbursed
On 20 January 2021 the European Court of Justice upheld a General Court's ruling on the European Commission's duty to pay default interest on reimbursed fines.
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competition law newsletter | eu
Feb 2021 Top EU Court confirms scope of liability for investors in companies involved in cartels
On 27 January 2021, the EU Court of Justice upheld the €37.3 million fine imposed on Goldman Sachs as a result of the involvement of portfolio company Prysmian in the power-cables cartel.
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competition law newsletter | eu
Feb 2021 ECJ confirms validity of information request in Qualcomm predation investigation
On 28 January 2021, the European Court of Justice upheld a ruling of the General Court finding that an information request issued by the EU Commission, as part of its investigation into Qualcomm's predatory pricing practices, did not breach the principles of necessity and proportionality.
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competition law newsletter | australia
Feb 2021 The ACCC publishes its Final Report in the Home Loan Price Inquiry
In its Final Report in the Home Loan Price Inquiry, the Australian Competition and Consumer Commission found that many Australians with older home loans continue to pay significantly higher interest rates than those with newer loans.
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competition law newsletter | australia
Feb 2021 ACCC achieves obstruction conviction in connection with cartel probe
In December 2020, Jason Ellis, a former general manager of sales and marketing at BlueScope Steel Limited, was sentenced to eight months' imprisonment (suspended).
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competition law newsletter | spain
Feb 2021 The CNMC fines three solid fuel cartels and five individuals €3.7 million
The Spanish competition authority has fined six companies and five directors participating in three cartels, breaching EU and Spanish antitrust rules.
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competition law newsletter | spain
Feb 2021 Spanish court reduces overcharge in trucks cartel from 20% to 8% on appeal
On 18 December 2020, a Spanish second-instance court issued a ruling partially endorsing an appeal brought by IVECO S.a.P. against a judgment awarding damages to one of its customers.
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competition law newsletter | france
Feb 2021 Paris Court of Appeal preserves presumption of innocence, but upholds fines imposed on chemical distributor Brenntag
On 3 December 2020, the Paris Court of Appeal confirmed the fines imposed by the French Competition Authority in 2013 on the German chemical distributor Brenntag.
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competition law newsletter | italy
Feb 2021 The "captive banks" case - The Italian Administrative Court of First Instance annuls Italian Competition Authority's highest fine ever
On 21 October 2020 the Italian Administrative Court of First Instance annulled the decision issued by the Italian Competition Authority on 20 December 2018 sanctioning a number of car manufacturers and their captive banks.
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competition law newsletter | italy
Feb 2021 Italian Council of State confirms annulment of football TV rights bid-rigging decision
On 12 December 2020, Italy's highest administrative court, the Council of State, upheld the annulment of the Italian Competition Authority's decision to fine broadcasters Mediaset and Sky Italia, the Italian Football League, and marketing agency Infront a total of €66m.
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competition law newsletter | germany
Feb 2021 German Federal Court of Justice delivers first ruling on the Trucks cartel
In a decision of 23 September 2020, published early January 2021, the German Federal Court of Justice rejected a follow-on damages claim filed against Daimler in relation to the European Commission's Trucks decision.
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competition law newsletter | UK
Feb 2021 CMA Orders Unwinding of Completed Trucks Parts Merger
On 12 January 2021, the CMA ordered TVS Europe Distribution Limited to divest its ownership of 3G Truck and Trailer Parts Limited.
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competition law newsletter | uk
Feb 2021 CMA publishes its final report on funerals and crematoria market investigation
Following an in-depth market investigation into the funeral services sector, the Competition and Markets Authority published its final report in December 2020.
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competition law newsletter | uk
Feb 2021 CMA fines suppliers of groundworks products to the UK construction industry over £15 million
On 17 December 2020, the CMA issued a decision finding that three UK-based suppliers of groundworks products to the UK construction industry were in breach of Chapter 1 of the Competition Act 1998 and Article 101 TFEU.
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competition law newsletter | uk
Feb 2021 Supreme Court lowers the bar on certification for collective actions
In a highly anticipated ruling, the UK Supreme Court has dismissed Mastercard's appeal against the principles established by the Court of Appeal (on appeal from the UK's Competition Appeal Tribunal in relation to the approval of class actions by the CAT).
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competition law newsletter | uk
Feb 2021 CAT rejects FP McCann's appeal of cartel fine
In October 2019, the Competition and Markets Authority imposed fines totalling £36 million on three Northern Irish concrete producers, including FP McCann.
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