The November 2020 issue of Ashurst's competition law newsletter features some of the key competition law developments over the last month, including the coming into force of the EU FDI screening rules, the European Commission accepting Broadcom's exclusivity commitments, important European Court judgments, gun-jumping in the Italian energy sector, further consumer law enforcement in Australia and the UK, as well as other news.
Contents
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competition law newsletter | EU
Nov 2020 General Court partially annuls inspection orders
On 5 October 2020, the EU General Court partially annulled European Commission decisions ordering inspections at ITM and Casino's premises in 2017 following suspicions of illegal anticompetitive exchanges of competitively sensitive information.
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competition law newsletter | eu
Nov 2020 HeidelbergCement and Schwenk fail to overturn Commission cement merger prohibition
On 5 October 2020, the EU’s General Court upheld the European Commission’s decision to block the takeover of Cemex Croatia by DDC.
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competition law newsletter | EU
Nov 2020 Commission accepts Broadcom's offer to stop exclusivity on chipset markets
On 7 October 2020, the European Commission made legally binding commitments offered by Broadcom to ensure competition in chipset markets for modems and TV set-top boxes.
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competition law newsletter | EU
Nov 2020 EU FDI Screening Regulation goes live
On 11 October 2020, Regulation (EU) 2019/452 establishing a framework for the screening of foreign direct investments into the Union (the "FDI Regulation") became fully applicable.
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competition law newsletter | AUSTrAlIA
Nov 2020 iSelect penalised $8.5m for misleading consumers comparing energy plans
On 8 October 2020, the Federal Court of Australia ordered iSelect Limited to pay a pecuniary penalty of AUD 8.5 million for making false or misleading representations on its website when comparing and selling electricity plans, in contravention of the Australian Consumer Law.
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competition law newsletter | australia
Nov 2020 Event ticket reseller viagogo fined $7m for misleading consumers
On 2 October 2020, the Federal Court of Australia ordered viagogo AG, a Swiss-based company, to pay a pecuniary penalty of AUD 7 million for making false or misleading representations when reselling event tickets, in contravention of the Australian Consumer Law.
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competition law newsletter | france
Nov 2020 Paris Court of Appeal upholds interim measures order on Google
On 8 October 2020, the Paris Court of Appeal rejected Google's challenge to the French Competition Authority's decision compelling Google to negotiate "neighbouring rights" with news agencies and press publishers.
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competition law newsletter | italy
Nov 2020 Energy companies fined for gun-jumping in Italy
On 15 September 2020 the Italian Competition Authority fined three companies active in the production and distribution of energy.
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competition law newsletter | singapore
Nov 2020 Singapore e-commerce platforms market study recommends update to competition guidelines
On 10 September 2020, the Competition and Consumer Commission of Singapore published its findings and recommendations from its market study on e-commerce platforms.
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competition law newsletter | spain
Nov 2020 Spanish High Court rejects appeal against Land Rover dealer cartel
In 2015, the Spanish Competition Authority sanctioned a cartel of Land Rover dealers, and found that a consultancy firm, ANT Servicalidad, was also liable for the conduct as it acted as a facilitator of the cartel.
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competition law newsletter | uk
Nov 2020 CMA consumer law push continues - Care UK to refund unfair "shortfall" fees
On 8 October 2020, the CMA announced that Care UK had agreed to refund certain NHS funded residents that had been charged a "shortfall" fee, which the CMA alleged was unfair and breached UK consumer protection laws.
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competition law newsletter | uk
Nov 2020 £203m in COVID-19 refunds for Virgin Holidays customers
The CMA announced on 23 October 2020 that it had secured commitments from Virgin Holidays to refund all customers whose package holidays have been and are to be cancelled due to the pandemic.
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