L'actu-concurrence (Paris)

Alain Ronzano

L’actu-concurrence (Paris)
Editor

Alain Ronzano is the Editor of L’actu-concurrence.

Articles

981863 Review

Alain Ronzano Failing company: The French Competition Authority applies the failing firm exception to unconditionally clear the acquisition of a company active in the retail distribution of furniture products by its competitor (Conforama / But)

71

In a communiqué made public on April 28, 2022, the French Competition Authority announced that it had applied the failing firm exception for the first time since it regained responsibility for merger control in 2009, following the final approval of the acquisition of Conforama by the But group. (...)

Alain Ronzano Partial cancellation: The General Court of the European Union partially annuls the decision finding no state aid in a case concerning the granting of assets under management to a public institution in Slovenia and notes that the European Commission, faced with serious difficulties, should have opened an in-depth investigation procedure (Petra Flašker)

54

On April 27, 2022, the General Court of the European Union issued a judgment in case T-392/20 (Flašker v. European Commission). In it, he partially annulled the decision of the Commission of March 24, 2020 in case SA.43546 in which the Commission considered that, insofar as the granting of (...)

Alain Ronzano Abuse of dominant position: The DGCCRF puts an end to anti-competitive practices identified in the funeral services market of Arès and certain communes in the Arcachon basin in the Gironde department

41

On April 25, 2022, the DGCCRF released a notice in which it states that, following an investigation conducted by the DGCCRF in 2018, it has put an end to abusive practices by an operator holding a dominant position in the local funeral services market, consisting of: discriminatory pricing (...)

Alain Ronzano Admissibility: The Paris Court of Appeal declares inadmissible the appeal of a company against the decision of the College of the French Competition Authority to refuse the commitments proposed by the latter and to refer the case to the investigation (Sony)

48

In a judgment issued on April 21, 2022 the Chamber 5-7 of the Paris Court of Appeal declared inadmissible the appeal of a company against the decision of the College of the Authority to reject the commitments proposed by the Authority after the market test and to refer the case to the (...)

Alain Ronzano Professional secrecy: The French Supreme Court confirms that the protection afforded by the unseizability of lawyer-client correspondence extends to all correspondence exchanged in connection with the exercise of the rights of the defence (Cofepp)

52

It will be recalled that in a decision rendered on November 25, 2020 concerning the conduct of visit and seizure operations, the Criminal Division of the Court of Cassation confirmed the principle that, if lawyer-client correspondence cannot be seized during visit operations, it is on the (...)

Alain Ronzano Private action: The Paris Court of Appeal overturns part of the French Commercial Court’s judgment limiting the disclosure of evidence in a compensation action in the truck cartel case (Daimler)

70

Recent developments in the field of anti-competitive practices litigation show, if it were necessary, that the possibility for victims of such practices to have access to evidence, which is often in the possession of the perpetrators of these practices, is a determining factor in the success of (...)

Alain Ronzano Competition policy: The European Commission adopts two new decisions on the basis of the Temporary Framework of 23 March 2022 in the context of the Russian invasion of Ukraine and authorises a €20 billion German scheme to support businesses and a €836 million Polish scheme to support the agricultural sector

74

On April 19, 2022, and after a first decision authorizing the French scheme to provide up to 155 billion euros of liquidity support to companies in all sectors in the context of Russia’s invasion of Ukraine, the European Commission adopted two new decisions on the basis of the Temporary (...)

Alain Ronzano Dawn raids: The First President of the Paris Court of Appeal considers that the presumptions of anti-competitive practices remaining in the file after the invalidation of the visit and seizure operations carried out at the premises of a television manufacturer justify those carried out at the plaintiff’s premises (Whirpool)

72

Yet another episode in the saga of the incidental visits and seizures carried out at the Whirlpool premises in 2014. It will be remembered that, by a decision dated August 11, 2021 the Criminal Division of the Court of Cassation annulled for the second time the order of the First President of (...)

Alain Ronzano Sanction: The French Competition Authority adopts for the first time a decision sanctioning both the breach of the obligation to notify a merger and the breach of the obligation not to carry out the merger before its clearance (COFEPP)

114

In the wake of the judgment handed down by the Court of Justice of the European Union on April 24, 2020 in the Marine Harvest v. European Commission case, whose conclusions it blithely drew on, the French Competition Authority issued a decision on April 12, 2022, No. 22-D-10 in which it (...)

Alain Ronzano Compensation for damage: The Advocate General Szpunar calls on the Court of Justice of the European Union to accept that the victim of anti-competitive practices may obtain from the perpetrator evidence created ex Novo, by aggregating or classifying information, knowledge or data in his possession, in compliance with the principle of proportionality (AD/DAF Trucks)

140

On 7 April 2022, Advocate General Maciej Szpunar delivered his Opinion in Case C-163/21 (AD and Others v PACCAR Inc, DAF TRUCKS NV and DAF Trucks Deutschland GmbH) following a reference for a preliminary ruling from the Tribunal de Commerce de Barcelona. Decidedly, the Commission’s decision (...)

Alain Ronzano Pre-notification: The French Supreme Administrative Court confirms that the opening of a pre-notification phase, which is purely preparatory, is not subject to an appeal for misuse of power (Iliad)

60

After a first rejection in summary proceedings on November 5, 2021, and then the non-referral of a QPC on March 1, 2022, the Conseil d’État, ruling on the merits of the case, confirmed, by means of a decision rendered on April 7, 2022 and drafted in exactly the same terms - except for the (...)

Alain Ronzano New aids: The Court of Justice of the European Union has ruled that measures granted after the expiry of an aid scheme must be regarded as new aid which constitutes unlawful aid, the provisional recovery of which the European Commission may order until it has ruled on its compatibility (KW ; SG)

91

On April 7, 2022, the Court of Justice of the Union issued a judgment in the joined cases C-102/21 and C-103/21 (KW and SG vs. Autonomous Provinz Bozen) which follows two references for a preliminary ruling made by the Administrative Court of the Province of Bolzano. It intervenes in the (...)

Alain Ronzano Admissibility: The Court of Justice of the European Union confirms the absence of "interested party" status in the case of feed-in tariffs for electricity produced by producers using renewable energy sources in Greece (Solar Ileias Bompaina)

111

On April 7, 2022, the Court of Justice of the Union issued a judgment in case C-429/20 (Solar Ileias Bompaina v. European Commission). Two renewable energy power producers (RES), active in the Greek electricity market, complained to the Commission about an amendment to the operating aid scheme (...)

Alain Ronzano Burden of proof: The Advocate General Pitruzzella calls on the Court of Justice of the European Union to uphold the judgment of the General Court of the European Union in the case of the guarantee granted to a Spanish football club because the European Commission failed to meet the requirements regarding the burden of proof of the existence of an advantage (Valencia Club de Fútbol)

137

On April 7, 2022, Advocate General Giovanni Pitruzzella presented his conclusions in Case C-211/20 (European Commission v. Valencia Club de Fútbol and Spain) on the Commission’s appeal against the judgment of the Court of First Instance. The Valencia professional soccer club, which was in (...)

Alain Ronzano Illegal aid: The Advocate General Ćapeta calls on the Court of Justice of the European Union to set aside the judgment of the General Court of the European Union confirming the unlawfulness of the measures to promote the development of air transport in Sardinia by proposing his own interpretation of the applicability of the private operator test in a market economy (Volotea; easyJet Airline)

119

On April 7, 2022, Advocate General Tamara Ćapeta presented her conclusions in Joined Cases C-331/20 (Volotea v. European Commission) and C-343/20 (easyJet Airline v. European Commission). In order to reduce the seasonality of air routes by increasing the frequency of flights during the (...)

Alain Ronzano Competition policy: The European Commission adopts its first decision on the basis of the Temporary Framework of 23 March 2022 by authorising the French liquidity support scheme for companies in the context of the Russian invasion of Ukraine

68

The European Commission announced on April 7, 2022 that it had just approved the French scheme to provide up to €155 billion of liquidity support to companies in all sectors in the context of the Russian invasion of Ukraine. The scheme is the first to be approved on the basis of the Temporary (...)

Alain Ronzano Selective nature: The General Court of the European Union partially annuls the decision of the European Commission due to significant discrepancies between the decision to extend the procedure and the decision finding the existence of aid under the Income Tax Act of Gibraltar which concerns the non-taxation of income generated by intellectual property royalties (Mead Johnson Nutrition)

94

On April 6, 2022, the General Court of the European Union issued a judgment in case T-508/19 (Mead Johnson Nutrition and others v. European Commission) concerning once again the Commission’s review under state aid legislation of Gibraltar’s Income Tax Act 2010 (ITA 2010), which, in its initial (...)

Alain Ronzano Dawn raids: The First President of the Papeete Court of Appeal considers that the presumptions of anti-competitive practices remaining in the file after the invalidation of the inspections and seizures carried out in the case of asphalt road works in Polynesia justify the new inspections and seizures conducted (J.L. Polynésie)

43

A few days before the first president of the Paris Court confirmed that the presumptions of anti-competitive practices remaining in the file after the invalidation of the visit and seizure operations carried out at Samsung’s premises justified in themselves the OVS ordered at Whirlpool’s (...)

Alain Ronzano Competition policy: The French Senate’s Economic Affairs Committee recalls the conditions under which logistics penalties can be imposed in the context of commercial negotiations by distributors and urges the French Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes to act

77

On March 30, 2022, the Senate Economic Affairs Committee adopted the information report by Ms. Anne-Catherine Loisier recalling the intention of the legislator on the application of article 7 of the law aiming at protecting the remuneration of farmers concerning the logistic penalties imposed (...)

Alain Ronzano Competition policy: The Polynesian Competition Authority makes several recommendations concerning the Government’s plan to strengthen the price framework for basic necessities and consumer products

64

In recent weeks, the Government of French Polynesia has urgently referred to the Polynesian Competition Authority (PCA), as well as to the Economic, Social, Environmental and Cultural Council of French Polynesia (CESEC), for an opinion on a draft law of the country which aims to set the legal (...)

Alain Ronzano Significant imbalance: The Paris Commercial Court rules that several clauses in the contract between a search engine and application developers for the distribution of applications on a digital distribution site cause a significant imbalance (Google)

101

On March 28, 2022, the Paris Commercial Court issued a interesting judgment on a referral from the Minister of the Economy against Google. In essence, the court ruled that several clauses in the contract between Google and application developers for the distribution of applications on the (...)

Alain Ronzano QPC : The French Constitutional Council declares the accumulation of sanctions against the same perpetrator for concurrent infringements of restrictive competition practices to be in conformity with the Constitution (Eurelec Trading)

108

In a brief decision rendered on March 25, 2022 that the Constitutional Council declared, without much surprise, the provisions of paragraph VII of article L. 470-2 of the French Commercial Code, which provides for the cumulative enforcement of sanctions imposed on the same perpetrator for (...)

Alain Ronzano Competence: The Paris Court of Appeal rejects the appeal of the operator of the only multiplex cinema in New Caledonia, ruling that its complaint against the installation of a competing multiplex cinema was partly inadmissible as it did not fall within its jurisdiction (SECH)

69

On March 24, 2022, Chamber 5-7 of the Paris Court of Appeal issued a decision in which it confirmed in all respects the decision n° 2020-PAC-04 rendered on October 5, 2020 by the New Caledonian Competition Authority (ACNC). Until December 2021, there was only one multiplex cinema in New (...)

Alain Ronzano Ne bis in idem: The Court of Justice of the European Union confirms and clarifies the scope of the protection conferred by the ne bis in idem principle where competition law is applied in parallel with sectoral regulation (Bpost)

168

On March 22, 2022, the Court of Justice of the European Union issued two judgments with converging conclusions in two cases raising questions about the application of the ne bis in idem principle in the presence of conflicting decisions issued either by two national competition authorities with (...)

Alain Ronzano Ne bis in idem: The Court of Justice of the European Union clarifies the scope of the protection conferred by the ne bis in idem principle in the event of application of the competition rules by two national competition authorities following a leniency procedure (Nordzucker)

80

On March 22, 2022, the Court of Justice of the European Union issued two judgments with converging conclusions in two cases raising questions about the application of the ne bis in idem principle in the presence of conflicting decisions issued either by two national competition authorities with (...)

Alain Ronzano Sole control: The French Competition Authority unconditionally clears the merger between two groups specialised in the retail of low-priced furniture, bazaar and decoration items (Stokomani/Zouari)

120

In the last few days, the French Competition Authority has posted 15 new merger clearance decisions online, including 13 simplified decisions. Among these decisions is decision n° 22-DCC-31 of March 21, 2022 in which the French Competition Authority unconditionally authorized the Zouari family, (...)

Alain Ronzano QPC: The French Constitutional Council ponders, during a hearing, on a priority question of constitutionality on the accumulation of sanctions against the same perpetrator for concurrent infringements of restrictive competition practices (Eurelec Trading)

51

On March 15, 2022, the Constitutional Council held the hearing concerning the QPC n° 2021-984 concerning the conformity of VII of article L. 470-2 of the French Commercial Code, which provides for the cumulative enforcement of sanctions imposed on the same perpetrator for concurrent breaches of (...)

Alain Ronzano Online advertising: The European Commission opens investigation into possible exclusionary practice by two web giants in the online display advertising sector (Google ; Meta)

51

On March 11, 2022, the European Commission announced that it had opened, in parallel with the UK CMA, a formal proceeding with respect to a September 2018 agreement between Google and Facebook (now Meta), codenamed "Jedi Blue" by Google regarding display advertising services on publisher (...)

Alain Ronzano Annulment: The Court of Justice of the European Union confirms the annulment in its entirety of the decision concerning aid to the Bavarian dairy sector and reminds the European Commission that its obligation to give interested parties the opportunity to submit their comments in the decision to initiate the procedure constitutes an essential formality (Freistaat Bayern ; Interessengemeinschaft privater Milchverarbeiter Bayerns)

70

On March 10, 2022, the Court of Justice of the European Union delivered its judgment in Joined Cases C-167/19 and C-171/19 (Freistaat Bayern v. Commission and Interessengemeinschaft privater Milchverarbeiter Bayerns and Others v. Commission) dismisses the two appeals lodged by the Commission (...)

Alain Ronzano Double taxation: Advocate General Kokott considers that Article 107 TFEU does not preclude an offset against tax payable in Gibraltar of income taxes relating to intellectual property royalties paid in the United States because the adoption of tax measures to avoid double taxation of the same income falls within the discretion of the Member States (Fossil (Gibraltar) Limited)

66

On March 10, 2022, Advocate General Juliane Kokott presented her conclusions in case C-705/20 (Fossil (Gibraltar) Limited v Commissioner of Income Tax) which follows a reference for a preliminary ruling from the Gibraltar Income and Profits Tax Tribunal [United Kingdom]. The present case again (...)

Alain Ronzano Commitments: The French Competition Authority rejects a referral alleging non-compliance with commitments given in the Saint-Pierre and Miquelon aggregates case (Société d’Exploitation des Carrières)

50

On March 11, 2022, the French Competition Authority published a decision n° 22-D-09 of March 10, 2022 in which, after almost four years of investigation, it concludes that the commitments made mandatory by the decision n° 12-D-06 of January 26, 2012 relating to practices implemented in the (...)

Alain Ronzano Relevant market: The Paris Court of Appeal dismisses a claim by a company active in the maintenance of electrical equipment that a competitor had abused its dominant position by failing to define the relevant market (SHB Electric / Schneider Electric)

111

On March 9, 2022, Chamber 5-4 of the Paris Court of Appeal issued a judgment in a case concerning a refusal to sell in the sector of maintenance of medium and low voltage electrical distribution equipment. Thanks to Jamal Henni for the information. The present case obviously follows a (...)

Alain Ronzano Exclusive control: The French Competition Authority is launching a market test to find out whether there are candidates for the takeover of all or part of the 165 outlets of a company active in the distribution of furniture, decoration and household electrical products in France (Mobilux)

52

The Mobilux group, which operates the But, But Cosy and But City brands in France through more than 300 points of sale, notified the French Competition Authority of the acquisition of sole control of Conforama’s business in France (i.e. 165 (or 172...) points of sale in metropolitan France). (...)

Alain Ronzano Sanction: The French Competition Authority has fined four companies €1.5 million for distorting tender procedures launched by various public authorities in Haute-Savoie between 2010 and 2018 for the collection and management of their waste (Ortec Environnement...)

96

On March 3, 2022, the French Competition Authority issued a decision n° 22-d-08 1,500,000 to four companies active in waste collection and management in Haute-Savoie, for having, in the course of two separate cartels, the first relating to non-hazardous waste, for more than eight years (pt. (...)

Alain Ronzano Competition policy: The European Commission launches public consultation to draft guidelines for new derogation from competition rules for agreements between agricultural producers necessary to achieve environmental standards above mandatory European or national levels

65

Following the adoption in 2021, as part of the reform of the common agricultural policy for 2023-2027, of a new derogation from competition rules for agricultural products, which allows agreements between agricultural producers and even with other actors in the agri-food supply chain if such (...)

Alain Ronzano Exclusive control: The French Competition Authority unconditionally clears the acquisition of sole control of a group’s childcare activities by a competing group (Grandir)

66

In the last few days, the French Competition Authority has posted eight new merger clearance decisions online, including six simplified decisions. Among these decisions is decision n° 22-DCC-26 of February 28, 2022 in which the French Competition Authority unconditionally authorized the Grandir (...)

Alain Ronzano Energy: The French Competition Authority invites the Government to review the mechanism of regulated access to historical nuclear electricity in the perspective of 2025 because the allocation of an additional 20 TWh of electricity volumes in 2022 does not permit the targeting of the customers most affected by the crisis (ARENH)

52

On March 15, 2022, a few days after the publication on March 12, 2022 of decree n° 2022-342 of March 11, 2022 defining the specific terms and conditions for the allocation of an additional volume of electricity that may be allocated in 2022, on an exceptional basis, within the framework of (...)

Alain Ronzano Reparable prejudice: The Advocate General Medina invites the Court of Justice of the European Union to consider that the remedy of the truck cartel also includes the acquisition of dumpsters (Daimler)

206

On February 24, 2022, Advocate General Laila Medina presented her conclusions in case C-588/20 (Landkreis Northeim v. Daimler AG) which follows the reference for a preliminary ruling submitted by the Regional Court of Hanover, which, soberly worded, concerns the interpretation of the Commission (...)

Alain Ronzano Direct affectation: The Advocate General Rantos calls on the Court of Justice of the European Union to set aside the order of the General Court of the European Union declaring the appellant’s action inadmissible and to regard it as directly affected (Danske Slagtermestre)

182

On February 24, 2022, Advocate General Athanasios Rantos delivered his conclusions in Case C-99/21 (Danske Slagtermestre v. European Commission) on the admissibility of an action brought by competitors of the beneficiaries of aid measures in the context of the third hypothesis referred to in (...)

Alain Ronzano Damage: The Paris Court of Appeal dismisses, in the affair of the retaliation to the entry of a daily newspaper in the sports press market, the existence of a prejudice in the form of loss of opportunity but recognizes that of a compensable moral prejudice (10 Medias / Les Editions P. Amaury)

218

In a ruling issued on February 23, 2022 the Chamber 5-4 of the Paris Court of Appeal has once again ruled on a case in follow on, this time following the famous decision of the French Competition Authority of February 20, 2014 sanctioning the Amaury group to the tune of 3.5 million euros for (...)

Alain Ronzano Competition policy: The French National Assembly publishes two information reports including its report on the evaluation of the "Egalim 1" law three years after its adoption

56

In the last few days, the National Assembly has made public two information reports concerning or referring to competition issues. First, we will see the information report on the evaluation of the EGALIM 1 law three years after its adoption on October 30, 2018, prepared by deputies Grégory (...)

Alain Ronzano Market delimitation: The French Competition Authority rejects the referral of two publishers of pornographic films, denouncing self-referencing practices on the "Adult" platform of a telecommunication operator, for failure to delimit the relevant market (Société 1979)

99

On February 25, 2022, the French Competition Authority issued a decision n° 22-D-07 of February 23, 2022 in which it rejected the complaint of Aramis and Artemis, two publishers of pornographic films, who complained about practices in the sector of publishing and distribution of audiovisual (...)

Alain Ronzano Sanction: The French Competition Authority sanctions an historical operator in the energy sector for having abused the means at its disposal as a regulated sales tariff operator in order to maintain its position on the retail electricity supply markets and to strengthen its position on the related gas supply and energy services markets (EDF)

288

On February 22, 2022, the French Competition Authority issued a decision n° 22-D-06 in which it sanctioned EDF and its subsidiaries active in the related markets of the retail supply of natural gas (pt. 417), the supply of multi-technical management/maintenance and energy optimization services (...)

Alain Ronzano Selective distribution: The French Supreme Court confirms that the head of a qualitative selective distribution network can refuse to approve distributors who nevertheless meet the selection criteria (Garage de Bretagne / Mercedes-Benz France)

219

In a ruling issued on February 16, 2022 the Commercial Chamber of the French Supreme Court has confirmed that the head of a qualitative selective distribution network can refuse to approve distributors who nevertheless meet the selection criteria. In this case, a former car dealer who was (...)

Alain Ronzano Exclusive control: The French Competition Authority unconditionally clears the acquisition of exclusive control of fifteen stores of a group by a retailer specialized in organic products (Salej / Naturalia)

98

On March 1, 2022, the French Competition Authority posted nine new merger clearance decisions online, including eight simplified decisions. Among these decisions is decision n° 22-DCC-19 of February 15, 2022 in which the French Competition Authority unconditionally authorized the acquisition of (...)

Alain Ronzano Rights of defence : The General Court of the European Union annuls a decision concerning a Polish state-controlled company in the market for rail freight services in Poland, ruling that the European Commission must ensure that the rights of the complainant are safeguarded by the national competition authority and the national courts of appeal (Sped-Pro)

170

On February 9, 2022, the General Court of the European Union issued an important judgment in case T-791/19 (Sped-Pro S.A. v. European Commission). Sped-Pro S.A., a Polish company active in parcel shipping, the Polish-registered company filed a complaint with the Commission in 2016 against PKP (...)

Alain Ronzano Fines: The General Court of the European Union confirms the Commission’s decision rejecting an application for repayment of the fine imposed in the heat stabiliser cartel case (GEA)

81

On February 9, 2022, the General Court of the European Union issued a judgment in case T-195/19 (GEA Group AG v. European Commission). It confirms the decision of January 24, 2019 in which the Commission rejected a request for reimbursement of a fine imposed by a decision of 11 November 2009 (...)

Alain Ronzano Vertical agreements: The European Commission launches an express consultation on information exchange in dual distribution relationships as part of the ongoing review of the Vertical Block Exemption Regulation and its Guidelines

139

On February 4, 2022, the Commission launched a targeted public consultation in the context of the ongoing review of the Vertical Block Exemption Regulation and the Vertical Guidelines, inviting comments on the guidelines which propose to introduce a new section in the Vertical Guidelines (...)

Alain Ronzano Liability: The General Court of the European Union confirms the decision finding the participation of a company in the truck cartel and the fine of EUR 880 million, holding that the adoption of the settlement decision does not prejudge the liability of the undertaking which waives the benefit of the settlement (Scania)

117

On February 2, 2022, the General Court of the Union delivered its judgment in case T-799/17 (Scania and others v. European Commission). In this judgment, the Court of First Instance dismissed Scania’s action for annulment of the decision of September 27, 2017, in which the Commission, finding (...)

Alain Ronzano Commitments: The General Court of the European Union confirms the European Commission’s decision making commitments submitted by a gas supplier binding in a case concerning the supply of gas to eight Central and Eastern European Member States (Polskie Górnictwo Naftowe i Gazownictwo)

63

On February 2, 2022, the General Court of the European Union handed down two judgments concerning the investigation against Russia’s Gazprom into the supply of gas to eight Central and Eastern European Member States, namely Bulgaria, the Czech Republic, Estonia, Latvia, Lithuania, Hungary, (...)

Alain Ronzano Annulment: The General Court of the European Union annuls the European Commission’s decision rejecting the complaint lodged by a Polish wholesaler in a case concerning the supply of gas to eight Central and Eastern European Member States (Polskie Górnictwo Naftowe i Gazownictwo)

108

On February 2, 2022, the General Court of the European Union handed down two judgments concerning the investigation against Russia’s Gazprom into the supply of gas to eight Central and Eastern European Member States, namely Bulgaria, the Czech Republic, Estonia, Latvia, Lithuania, Hungary, (...)

Alain Ronzano Sanction : The French Competition Authority imposes a more severe sanction on a company, which had formed a consortium to bid for public health transport contracts, for refusing the settlement proposed by the French Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (Sannac)

79

On February 2, 2022, the Authority issued a decision n° 22-D-04 relating to practices implemented in the sector of inter-communal hospital medical transport in the Val d’Ariège and the Pays d’Olmes. This decision follows an investigation conducted by the Interregional Competition Investigation (...)

Alain Ronzano Exclusive control: The French Competition Authority unconditionally clears the acquisition of sole control of a company specializing in the sale of shoes by the owner of a group in the same sector (Minelli)

38

In the last few days, the French Competition Authority has posted online the decision n° 22-DCC-11 of January 31, 2022 in which the French Competition Authority unconditionally authorized the acquisition of sole control of Minelli, which operates 210 shoe stores in France, by Stéphane Collaert, (...)

Alain Ronzano Environment: The Court of Justice of the European Union, holding that the payment by an undertaking in the aquaculture sector of damage caused by wild fauna is part of its normal operating costs, ruled that compensation for damage caused to aquaculture by wild fauna protected by the Birds Directive confers an advantage that may constitute State aid (SIA Sātiņi-S / Dabas aizsardzības pārvalde)

91

Does compensation for damage to aquaculture caused by wildlife protected by the Birds Directive constitute state aid? This is in essence the question referred by the Latvian Supreme Court to the Court of Justice of the Union for a preliminary ruling, following a dispute between the national (...)

Alain Ronzano Selective distribution: The French Supreme Court confirms in all respects the decision of the Court of Paris sanctioning the ban on distance selling of chainsaws and other brushcutters, even though it was justified on safety grounds (Stihl)

126

By judgment delivered on January 26, 2022 the Commercial Chamber of the Court of Cassation confirms, in a reasoning that may seem very poor considering the stakes, the decision of the Paris Court of Appeal in the case of the ban, justified by safety reasons, on the distance selling of Stihl (...)

Alain Ronzano Exclusive import: The French Supreme Court confirms the decision of the Paris Court of Appeal partially reversing the decision sanctioning post-Lurel exclusive import practices in Wallis and Futuna (A.D.L.P.)

54

On the same day, January 26, 2022, the Commercial Chamber of the Court of Cassation handed down another ruling concerning exclusive import practices post Lurel law implemented in the consumer goods sector on the islands of Wallis and Futuna. It rejected the appeal lodged against the judgment (...)

Alain Ronzano Professional secrecy: The French Supreme Court confirms the extension of the protection afforded to lawyer-client correspondence to documents emanating from the lawyers of the visited company which take up the defence strategy put in place by the lawyer for his client (Whirlpool)

129

In a ruling issued on January 26, 2022 the Criminal Division of the Court of Cassation confirmed the extension of the protection granted to lawyer-client correspondence. It fully agrees with the analysis of the First President of the Paris Court of Appeal in the order issued on November 8, (...)

Alain Ronzano Admissibility: The Court of Justice of the European Union confirms in all respects the order by which the General Court of the European Union dismissed as inadmissible the action brought by an airline against the decision of the European Commission classifying the measures in favour of Frankfurt-Hahn airport as State aid compatible with the internal market and finding that there was no State aid to the airlines using that airport Translated (Lufthansa)

82

On January 20, 2022, the Court of Justice of the European Union issued a judgment in case C-594/19 (Deutsche Lufthansa AG v. European Commission). It confirms in all respects the order by which the Court of First Instance declared inadmissible the action brought by Lufthansa against the (...)

Alain Ronzano Internet of things: The European Commission publishes its findings of the sector enquiry on voice assistants, identifying a number of competition concerns, the institution intends to open contentious investigations and to use these findings in the ongoing discussion on the DMA

80

On January 20, 2022, the European Commission published the findings of its consumer Internet of Things (IoT) sector inquiry. The final report and the accompanying Commission Staff Working Document of the Commission services that accompany it identify several potential competition issues in the (...)

Alain Ronzano Fine: The General Court of European Union, considering that the obligation of the European Commission to pay default interest, following the reduction of a fine imposed by the General Court of European Union, does not in any way affect the deterrent function of fines in competition cases, grants a telecommunications company compensation for the consequential damage caused by the Commission’s refusal to pay default interest (Deutsche Telekom)

47

On January 19, 2022, the General Court of the European Union issued a judgment in case T-610/19 (Deutsche Telekom v. European Commission) which does not directly concern a competition dispute but an important practical issue relating to the payment of a fine imposed for an infringement of the (...)

Alain Ronzano Phase I : The European Commission considers the proposed consortium, following the merger between the two leaders in the water treatment and waste management sectors, as appropriate (Veolia, Suez)

147

On February 22, 2022, the Commission made public the decision of January 19, 2022 in which it approved the Consortium, composed of Meridiam SAS, Global Infrastructure Partners LLC (GIP), Caisse des Dépôts et Consignations (CDC) and CNP Assurances, a subsidiary of CDC, as the appropriate purchaser (...)

Alain Ronzano Sanction: The French Competition Authority sanctions the joint service offices of the judicial officers of Paris and Seine Saint Denis for having hindered the development of the offices created following the Macron law

54

On January 13, 2022, the French Competition Authority rendered its first two contentious decisions concerning almost identical practices implemented in the sector of services provided by judicial officers, on the one hand, in the city of Paris and on the other hand, in the department of (...)

Alain Ronzano Prohibition: The European Commission, in the absence of proposed remedies, prohibits the merger between two South Korean shipbuilders, leaders in the construction of large liquefied natural gas tankers (DSME / HHIH)

111

On January 13, 2022, the European Commission announced that it had prohibited the acquisition of Daewoo Shipbuilding & Marine Engineering CO, Ltd (DSME) by Hyundai Heavy Industries Holdings (HHIH), two South Korean shipbuilders, leaders in the construction of large liquefied natural gas (...)

Alain Ronzano Competition policy: Benoît Cœuré endorsed by the Parliament to become the next Chairman of the French Competition Authority following his hearings by the Economic Affairs Committees of the Senate and the National Assembly

36

Benoît Cœuré, an economist who has worked for the ECB and the Bank for International Settlements (BIS), was approached by the President of the Republic to become the next chairman of the French Competition Authority. He was interviewed, in accordance with Article 13 of the Constitution, first by (...)

Alain Ronzano Copyright and related rights: The French National Assembly’s information mission presents its report on the application of neighbouring rights for the benefit of agencies, publishers and professionals in the press sector

63

On January 12, 2022, the information mission of the National Assembly presented its report on the application of the neighboring right for the benefit of agencies, publishers and professionals of the press sector. The mission’s objective was to evaluate the implementation of the neighboring (...)

Alain Ronzano Termination The Paris Court of Appeal confirms the termination of an authorised repairer contract to the detriment of a former dealer who had continued to sell new vehicles of the brand (Glinche / Peugeot)

60

On January 12, 2022, the Chamber 5-4 of the Paris Court of Appeal issued a ruling in an interesting case of selective automobile distribution. In this case, a former Peugeot dealer, who became a Peugeot authorized repairer in 2005, began offering new Peugeot vehicles on his website, believing (...)

Alain Ronzano Dawn raids: The French Supreme Court considers that the delimitation by the liberty and custody judge of the scope, in particular the geographical scope, of the dawn raids operations is a matter for the sovereign appreciation of the trial judges

70

Little by little, with the decisions rendered by the Criminal Division of the Court of Cassation, the prerogatives of the judge of freedoms and detention (JLD) are taking shape with regard to the delimitation of the scope of application of an authorization for visits and seizures. In the case (...)

Alain Ronzano Private enforcement : The Paris Court of Appeal, noting that a large retailer had failed to demonstrate that its loss of profit was not passed on to consumers, ruled out the existence of certain damage linked to the cartel in the Follow-on case of the personal hygiene products cartel (Vania / Carrefour)

166

In a ruling issued on January 5, 2022 the Chamber 5-4 of the Paris Court of Appeal once again ruled on the issue of proof of the passing on of additional costs linked to a cartel, in relation to the practices implemented by the company Vania in the context of its participation in an (...)

Alain Ronzano Competence: The French Supreme Court refers to the Court of Conflicts, after the Court of Paris has declined jurisdiction to hear challenges to the Competition Authority’s communication policy on its contentious decisions, the task of deciding on the competent court order (Roche)

66

When the French Competition Authority practices "name and shame",... the Commercial Chamber of the Court of Cassation, hesitating on the order of jurisdiction to deal with a possible challenge of the communication outside the framework of the Authority, decides to refer to the Court of (...)

Alain Ronzano Search and seizure: The French Supreme Court affirms that the first president of the Court of Appeal must verify the existence of presumptions of anti-competitive practices justifying the authorisation of the OVS without being obliged, at this stage of the procedure, to say whether the denounced practices fall under merger control or the prohibition of cartels

99

On January 4, 2022, the Criminal Division of the Court of Cassation handed down three rulings concerning the visit and seizure operations (OVS) ordered at the request of the General Reporter of the French Competition Authority at the premises of several companies operating in the rendering (...)

Alain Ronzano QPC: The French Supreme Administrative Court refers to the Constitutional Council the question of the conformity with the Constitution of VII of Article L. 470-2 of the Commercial Code, which authorises the accumulation of sanctions against the same perpetrator for concurrent breaches of restrictive competition practices (Eurelec)

144

In a decision issued on 29 December 2021 the French Supreme Administrative Court referred to the Constitutional Council the question of the conformity with the Constitution of VII of Article L. 470-2 of the Commercial Code. This article provides that "when, in the course of the same or separate (...)

Alain Ronzano Dismissal: The French Competition Authority declares, after 7 years of investigation, that there is no need to pursue the procedure concerning vertical practices between a TV manufacturer and its distributors (Samsung)

86

On December 28, 2021, the French Competition Authority adopted the decision n° 21-D-30 which is likely to be the last decision of the year 2021, concerning practices in the brown goods distribution sector In 2014, Concurrence, a company specializing in the sale of consumer electronics products (...)

Alain Ronzano Exclusive control: The French Competition Authority unconditionally clears the acquisition of exclusive control by a major automotive group of a company specializing in the retail sale of tires on the Internet (Allopneus, Michelin)

111

In the last few days, the French Competition Authority has posted 18 new merger clearance decisions online, including 16 simplified decisions. Among these decisions is decision n° 21-DCC-268 of December 28, 2021 in which the French Competition Authority authorized the Michelin group, which is (...)

Alain Ronzano Exclusive control: The French Competition Authority clears, subject to conditions, the European leader in medical biology to acquire a group in the same sector (Cerba)

29

In the last few days, the French Competition Authority has posted 11 new merger clearance decisions online, including 7 simplified decisions. We will also see decision n° 21-DCC-261 of December 23, 2021 in which the French Competition Authority conditionally authorized the Cerba group, which (...)

Alain Ronzano Incompatible aid: The General Court of the European Union, following a correct application of the private investor test, confirms the European Commission’s decision to classify the financing of an airport located in Poland as State aid incompatible with the internal market (Gmina Miasto Gdynia, Port Lotniczy Gdynia Kosakowo)

64

On 21 December 2021, the General Court of the European Union delivered two judgments in the case T-209/15 (Gmina Kosakowo v European Commission) and, on referral, incase T-263/15 RENV (Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v European Commission). By those two judgments, the (...)

Alain Ronzano Audiovisual: The French Competition Authority, endorsing the possibility admitted by the ARCEP to regulate the upstream wholesale market for DTT broadcasting services via simple commitments made by the incumbent operator, nevertheless expresses reservations on a certain number of regulatory reliefs resulting from the proposed commitments (TDF)

54

On December 17, 2021, the French Competition Authority (Autorité de la concurrence) issued a opinion n° 21-A-17 in which it responded to a request from ARCEP for an opinion on a draft decision relating to the fifth round of regulation of the upstream wholesale market for DTT broadcasting (...)

Alain Ronzano Joint control: The French Competition Authority clears the acquisition of joint control of a group specialised in the transport of fresh produce by two companies active in the road transport of temperature-controlled goods (Prim@ever / Olano Services)

41

In the last few days, the French Competition Authority has posted 11 new merger clearance decisions online, including 7 simplified decisions. Among these decisions is decision n° 21-DCC-258 of December 17, 2021 in which the French Competition Authority authorized the acquisition of joint (...)

Alain Ronzano Competition policy: The French President considers appointing ECB economist Benoît Cœuré to succeed Isabelle de Silva as Chair of the French Competition Authority

122

And the prescient is... Benoît Cœuré. A press release from the Presidency of the Republic has just announced the proposed appointment of Mr. Benoît Cœuré as Chairman of the French Competition Authority. This confirms the information published in the press three weeks ago. In a tweet in a statement (...)

Alain Ronzano Arm’s length principle: The Advocate General Pikamäe calls on the Court of Justice of the European Union to set aside the judgment of the General Court of the European Union in so far as it infringed the provisions governing the division of powers between the Union and its Member States (Fiat a.o.)

228

On 16 December 2021, Advocate General Priit Pikamäe delivered his Opinion in cases C-885/19 (Fiat Chrysler Finance Europe v European Commission) and C-898/19 (Ireland v European Commission)both concerning the advance tax ruling granted by the Luxembourg authorities to Fiat Chrysler Finance (...)

Alain Ronzano Market test: The French Competition Authority launches a market test on a set of commitments proposed by a search engine to reach an agreement with news agencies and publishers (Google / SPEM)

80

As part of the investigation into the merits of the case brought by two organisations representing the interests of a very large number of press publishers of newspapers and magazines in France - the Syndicat des éditeurs de la presse magazine (SEPM) and the Alliance de la presse d’information (...)

Alain Ronzano Proof: The General Court of the European Union considers that the European Commission has not sufficiently demonstrated that certain measures granted by Romania to a petrochemical company in difficulty constituted State aid (Oltchim)

143

On 16 December 2021, the General Court of the European Union made public a judgment adopted the day before, on 15 December 2021, in case T-565/19 (Oltchim v. European Commission). The case concerns around €335 million of state aid granted to the ailing petrochemical company Oltchim by Romania (...)

Alain Ronzano Commitments: The French Competition Authority, noting the persistence of very strong positions of the rail operator on the passenger transport and ticket distribution markets, only very partially grants its request for a revision of the commitments made in 2014 (SNCF)

112

On December 17, 2021, the French Competition Authority published a decision n° 21-D-29 issued on December 15, 2021. This decision concerns a request made by SNCF for a review of the commitments given and made binding by Decision No. 14-D-11 of 2 October 2014. It must be said at once that the (...)

Alain Ronzano Phase I : The European Commission gives green light to merger between two waste management companies subject to further divestments in hazardous waste management (Veolia / Suez)

105

The Commission announced on 14 December 2021 that it would authorise, subject to conditions, the acquisition of Suez by Veolia, without going through an in-depth phase II review of the transaction. It must be said that the concessions made are significant, at least enough for the Commission to (...)

Alain Ronzano Abusive exploitation: The Advocate General Rantos suggests to the Court the criteria to be used to qualify the "abusive exploitation" of a dominant position characterised by exclusionary practices, particularly in the context of the liberalisation of a market (Servizio Elettrico Nazionale)

119

On 9 December 2021 Advocate General Athanasios Rantos delivered his Opinion in Case C-377/20 (Servizio Elettrico Nazionale SpA and Others v Autorità Garante della Concorrenza e del Mercato)which follows a reference for a preliminary ruling from the Italian Council of State raising a considerable (...)

Alain Ronzano Competition policy: The European Commission launches public consultation on its draft guidelines on collective agreements concerning the working conditions of self-employed workers without employees

60

On 9 December 2021, the Commission launched a public consultation until 24 February 2022 on its draft guidelines on collective agreements concerning the working conditions of self-employed persons without employees. The draft guidelines aim to provide legal certainty and ensure that (...)

Alain Ronzano Notification: The General Court of the European union recalls, with regard to the French mechanism for the subsidised purchase of electricity produced from renewable energy sources, that the beneficiary of unlawful aid cannot remedy the shortcomings of the Member State by lodging a complaint for the sole purpose of obtaining a decision from the European Commission not to raise objections (Sun West)

69

On 8 December 2021, the General Court of the European Union delivered a judgment in case T-623/20 (Sun West and others v. European Commission). Same reason, same punishment... The present case concerns, as in case T-678/20 (Solar Electric Holding and Others v European Commission) which gave (...)

Alain Ronzano Interchange fees: The Paris Court of Appeal considers that the introduction of interbank commissions for the exchange of cheque images and for related services on the cancellation of wrongly cleared transactions did not distort competition either by its object or by its effects (BNP Paribas e.a)

70

In the case of the image-cheque exchange commissions, Chamber 5-7 of the Paris Court of Appeal, ruling on a referral after a second cassation, has just struck a blow! In a judgment handed down on 2 December 2021the Court of Paris, with the strong support of the Minister of the Economy, comes (...)

Alain Ronzano Fine: The European Commission closes third phase of spot foreign exchange market investigation and fines 5 banks €344 million for their involvement in a forex cartel (HSBC, UBS...)

58

Coincidentally, the Commission announced on the same day, 2 December 2021, that it had just closed the third part of its investigation into cartels in the spot foreign exchange ("Forex") market involving the 11 most liquid and most traded currencies worldwide, by fining five banks, 261 million (...)

Alain Ronzano Imputability: The French Supreme Court confirms the principle of imputability to the company of acts of obstruction to investigation committed by its employees (Akka Technologies)

68

As expected, the Commercial Chamber of the Court of Cassation has, in a judgment delivered on 1 December 2021 which will be published in the Bulletin, rejected the appeal lodged against the judgment rendered on 26 May 2020 by the Paris Court of Appeal (Division 5, Chamber 7) in the case of (...)

Alain Ronzano Sole control: The French Competition Authority authorizes, subject to conditions, an acquisition of sole control in the sector of the hosting of infrastructures intended to host the telephony infrastructures of mobile network operators (Celles / Hivory)

107

On November 24, 2021, the French Competition Authority made public decision n° 21-DCC-197 of October 25, 2021 in which it authorized, following a phase 1 review but subject to structural commitments, the Spanish group Cellnex to acquire sole control of Hivory, a company previously owned by (...)

Alain Ronzano Cartel: The Court of Appeal of Paris largely upholds MSGs’ claims for compensation in dairy cartel follow-on case (Cora, Supermarchés Match / Eurial Ultra Frais a.o.)

89

While waiting for the white smoke to come out of the chimneys of the Elysée Palace, the competition news continues... On November 24, 2021, the Chamber 5-4 of the Paris Court of Appeal issued an interesting ruling in the Follow-on case of the dairy products cartel sanctioned by the French (...)

Alain Ronzano Digital Market Act: The Committee on the Internal Market and Consumer Protection adopts its draft report before a final vote in plenary: the European Parliament’s main proposals

58

After a final meeting on 22 November 2021, the European Parliament’s Internal Market Committee (Imco) adopted on 23 November 2021 by 42 votes to two with one abstention its position on the proposed Digital Market Act (DMA) regulation, which will set out, after its adoption in the course of 2022 (...)

Alain Ronzano Concerted practices: The French Competition Authority Board dismisses the case concerning the adoption and dissemination of a technical rule within a professional association (Syndicat ISGH)

55

On November 29, 2021, the French Competition Authority issued a decision No. 21-D-27 of November 23, 2021 in which it dismissed practices concerning the manufacture and marketing of hydrocarbon separators, equipment used to trap hydrocarbons in storm water. Following a complaint filed by a (...)

Alain Ronzano Distribution agreement: The Court of Justice of the European Union recalls the principles governing the assessment of a priority clause inserted in a distribution contract (Visma Entreprise / Konkurences padome)

328

On 18 November 2021, the Court of Justice of the European Union delivered a judgment in case C-306/20 (Visma Enterprise SIA v Konkurences padome) in proceedings following a reference for a preliminary ruling from the Latvian Regional Administrative Court on the interpretation of a clause in a (...)

Alain Ronzano Digital Market Act: The Council of the European Union adopts its position and gives a mandate to the French Presidency to negotiate the Digital Market proposal with the European Parliament

54

At the end of the Competitiveness Council (Internal Market and Industry) on 25 November 2021, the representatives of the EU Member States unanimously adopted a position (general guidelines) on the basis of the Slovenian Presidency’s compromise on the Commission’s proposal for a Digital Market (...)

Alain Ronzano Cartel: The Court of Justice of the European Union rules that the victims of the air cargo cartel can rely on the violation of these provisions before a national court to obtain compensation (Stichting Cartel Compensation a. o.)

28

On 11 November 2021, the Court of Justice of the Union delivered its judgment in case C-819/19 (Stichting Cartel Compensation and others)following a request for a preliminary ruling by the Amsterdam Court of Justice. The present case follows on from the decision of the Court of First Instance (...)

Alain Ronzano Incompatible aid: The Court of Justice of the European Union confirms the existence of overcompensation of a freeway concessionaire in the case of the elimination of the double taxation of heavy goods vehicles in Poland (Autostrada Wielkopolska)

144

On 11 November 2021, the Court of Justice of the European Union delivered its judgment in case C-933/19 (Autostrada Wielkopolska S.A. v European Commission). In it, it dismisses the appeal brought by the concessionary undertaking for the A 2 motorway between Nowy Tomyśl and Konin, Poland (...)

Alain Ronzano Abuse of dominant position: The General Court of the European Union confirms the abusive nature of the practice of self-referencing aimed at favouring the company’s product comparator, to the detriment of competing comparators (Google Shopping)

439

On 10 November 2021, the General Court of the European Union delivered its judgment in case T-612/17 (Google Shopping)the first of three cases in which the search engine was sanctioned for abuse of a dominant position to be submitted to the Court’s wisdom. It will be recalled that on 27 June (...)

Alain Ronzano Illegal aid: The General Court of the European Union considers that the beneficiary of unlawful aid cannot remedy the shortcomings of the Member State by filing a complaint with the sole aim of obtaining a decision from the European Commission not to raise objections (Solar Electric)

139

On 10 November 2021, the General Court of the European Union delivered a judgment in case T-678/20 (Solar Electric Holding and others v. European Commission). The case concerns the French mechanism for full compensation, financed by a contribution to the public service of electricity levied on (...)

Alain Ronzano Phase I : The French Supreme Administrative Court confirms in all respects the analysis of the French Competition Authority authorizing the creation of the full-function joint venture from phase I, but subject to conditions, and considers that the commitments given to prevent the risks of coordination between parent companies are sufficient (Salto / France Televisions / TF1 / M6)

146

In a decision issued on 8 November 2021the Conseil d’Etat finally validated in all respects the analysis of the French Competition Authority authorizing, subject to conditions, the creation of the Salto full-function joint venture in phase I. In so doing, it rejected in their entirety the (...)

Alain Ronzano Fixed prices: The French Competition Authority fines the manufacturer of video surveillance equipment and three of its eight wholesalers, for a practice of imposed prices and for a practice of limiting online resale of products by distributors (Mobotix a.o.)

213

On November 8, 2021, the French Competition Authority issued a decision n° 21-D-26 1.4 million for having implemented, for seven years, from 2012 to 2019, two vertical agreements, the first one imposing "recommended" prices on resellers and the second one aiming, according to the Authority, to (...)

Alain Ronzano Dawn raids: The French Supreme Court approves the denial of an undifferentiated motion to quash search and seizure operations that do not specifically identify the documents covered by attorney-client privilege (CSN / ADSN)

114

On 4 November 2021, the Criminal Chamber of the Court of Cassation issued a judgment in the case of the search and seizure operations (OVS) carried out in October 2017 in particular on the premises of the Conseil supérieur du notariat (CSN) and the Association pour le développement du service (...)

Alain Ronzano Abuse of dominant position: The French Competition Authority sanctions a Reunionese subsidiary for a foreclosure practice on the market for the supply of sugarcane molasses to distilleries in Reunion (Tereos)

134

On 2 November 2021, the French Competition Authority issued adecision n° 21-D-25in which it severely sanctioned Tereos Océan Indien, a subsidiary of the Tereos group, without really convincing, for having abused its dominant position on the market for the supply of molasses produced from sugar (...)

Alain Ronzano Cartel: The Court of Justice of the European Union is asked to clarify the temporal scope of the "damage" directive, following a request for a preliminary ruling concerning the Spanish consequences of the truck cartel (AB Volvo, DAF Trucks, a. o.).

38

Following the decision of 19 July 2016in which the Commission penalised several truck manufacturers, including AB Volvo and DAF Trucks, for participating in a cartel on truck prices from 1997 to 2011, the purchaser of three trucks manufactured by those two companies obtained compensation before (...)

Alain Ronzano Tax ruling: The Court of Justice of the European Union rules that the amendments to the preferential tax scheme for biodiesel implemented by the Italian Republic and authorized by the Commission must not be regarded as new aid subject to the notification requirement (Eco Fox, a. o.)

25

On 28 October 2021, the General Court of the European Union delivered a judgment in Joined Cases C-915/19 to C-917/19 (Eco Fox Srl and Others)following references for a preliminary ruling from the Italian Council of State. The present references for a preliminary ruling concerned the (...)

Alain Ronzano Abuse of dominant position: The DGCCRF puts an end to two abuses of dominant position on the funeral services market in the Ain department (Alain Rosset / Marbrerie Pompes funèbres de la Côtière)

71

On November 23, 2021 the DGCCRF made public a decision of micro-PAC closed in July 2021. An investigation carried out by the DGCCRF in 2018 revealed abusive practices by two companies, each holding a dominant position on a funeral services market in the cantons of Montluel and Meximieux in the (...)

Alain Ronzano Relevant market: The General Court of the European Union considers that the European Commission may be satisfied with examining the various city-pair markets from or to an airport together, and not specifically for each city-pair market (EasyJet, Deutsche Lufthansa / LOT )

26

On 20 October 2021, the General Court of the European Union handed down a judgment in the cases T-240/18 and T-296/18two judgments concerning the sale of the assets of the second German airline - Air Berlin - following its bankruptcy, to Lufthansa, which is acquiring the regional airline LGW, (...)

Alain Ronzano Search and seizure : The Criminal Division of the French Supreme Court annuls the order of the First President of the Paris Court of Appeal annulling the authorization order of the Judge of Freedom and Detention in the case of the Operations of Search and Seizure carried out in professional premises (Swarovski)

29

In a ruling issued on 19 October 2021the Criminal Division of the Court of Cassation has censured the order issued on October 7, 2020 by the delegate of the First President of the Paris Court of Appeal, which annulled the order issued on July 1, 2019 by the liberty and detention judge of the (...)

Alain Ronzano Price regulation: The New Caledonian Competition Authority gives a favourable opinion on the draft decision regulating the prices of medicinal oxygen and funeral services

29

New Caledonia records an average of 1,600 deaths per year. With 200 deaths linked to the covid-19 epidemic between 7 September and 10 October 2021, New Caledonians are suddenly facing a massive increase in the number of deaths in the territory. In the same way, the increase in the number of (...)

Alain Ronzano Reform: The French Competition Authority submits for a two-month public consultation a draft new framework document on competition compliance programs

23

Ce projet de document-cadre, soumis a consultation publique jusqu’au 10 décembre 2021, est, semble-t-il, le résultat du travail d’un groupe d’experts issus du secteur privé (entreprises, associations professionnelles et cabinets d’avocats) et de représentants de l’Autorité de la concurrence. Le texte, (...)

Alain Ronzano Responsability: The French Competition Authority considers it unnecessary to define allotment criteria for the collection, transport and regeneration markets and invites the Government to consider the effectiveness of the mixed system of the extended producer responsibility sector

425

Following the publication in the Official Journal on 13 November 2021 of theorder of 27 October 2021 on the specifications of the eco-organisations in the extended producer responsibility sector for mineral or synthetic lubricating or industrial oils, the French Competition Authority published (...)

Alain Ronzano Sole control: The French Competition Authority authorizes without conditions a takeover between an agricultural cooperative and a producer of ultra-fresh dairy products (Sodiaal / Yoplait)

108

In the last few days, the French Competition Authority has posted 20 new merger clearance decisions online, including 19 simplified decisions. These include decision no. 21-DCC-179 of 7 October 2021 4.8 billion with the Candia, Entremont, Nutribio and Régilait brands, was authorised, (...)

Alain Ronzano Tax rulings: The Court of Justice of the European Union clarifies its case law on the selectivity of tax measures and confirms the existence of incompatible State aid with the internal market (Banco Santander e.a.)

225

On 6 October 2021, the Court of Justice of the Union delivered a series of six judgments in Case C-50/19 (Sigma Alimentos Exterior, SL v Commission), in Joined Cases C-51/19 and C-64/19 (World Duty Free Group, SA v Commission and Kingdom of Spain v World Duty Free Group, SA and Commission), in (...)

Alain Ronzano Responsability : The Court of Justice of the European Union relies on the concept of economic unity and accepts the existence of a “top-down” responsibility of the affiliate for the practices committed by the holding company (Sumal / Mercedes Benz Trucks España)

32

On 6 October 2021, the Court of Justice of the European Union handed down a judgment - which is likely to cause a stir - in case C-882/19 (Sumal, S.L.)which follows a request for a preliminary ruling from the Barcelona Court of Appeal. Undoubtedly in line with the trend towards making it easier (...)

Alain Ronzano Class action: The Court of Justice of the European Union confirms that the measures for the financing of the fixed rail-road link project of the Strait of Fehmarn between Germany and Denmark were not liable to distort competition or affect trade between Member States and, therefore did not constitute State aid (Scandlines Danmark, Scandlines Deutschland vs. European Commission)

25

On 6 October 2021, the Court of Justice of the European Union delivered its judgment in Joined Cases C-174/19 (Scandlines Danmark ApS and Scandlines Deutschland GmbH v European Commission) and C-175/19 (Stena Line Scandinavia AB v European Commission). It will be recalled that, with two (...)

Alain Ronzano Tax exemption : The General Court of the European Union confirms the obligation for Germany to recover unlawful aid granted to certain large electricity users in the form of an exemption from network duties in Germany (Wepa Hygieneprodukte a. o.)

31

On 6 October 2021, the General Court of the European Union delivered four judgments in the following cases: T-238/19 (Wepa Hygieneprodukte GmbH and Others v. European Commission) T-196/19 (AZ v European Commission) T-745/18 (Covestro Deutschland AG v European Commission) and in joint cases (...)

Alain Ronzano Ecology and digital: The European Commission launches public consultation on draft proposal to further facilitate the implementation of support measures for the ecological and digital transition

28

In view of the adoption of the revised GBER, scheduled for the first half of 2022, the Commission has launched a public consultation on 6 October 2021 on the draft proposal to further facilitate the implementation of aid measures supporting the green and digital transition. On 6 October 2021, (...)

Alain Ronzano Reform: The French National Assembly votes unanimously for the bill to protect farmers’ remuneration in its version resulting from the compromise reached in the Joint Parity Committee (Egalim Law 2)

24

On 6 October 2021, the National Assembly examined in public session the text of the bill to protect farmers’ remuneration as it emerged from the compromise reached by the Joint Committee. It unanimously adopted the text of the Joint Committee, previously amended. In fact, following the CMP, the (...)

Alain Ronzano Market test: The European Commission wants to know whether telecommunication operators in the Czech Republic will be encouraged to invest unilaterally in network infrastructure (T-Mobile / CETIN / O2)

29

On 1 October 2021, a notice was published in OJEU No C 398 the Commission is seeking views on the proposed commitments submitted by T-Mobile CZ, CETIN, O2 CZ and their respective parent companies Deutsche Telekom and the Czech financial group PPF to address the competition concerns related to (...)

Alain Ronzano Joint venture: The French Competition Authority unconditionally clears the creation of a joint venture in the sector of public charging stations for electric cars in the West Indies and Guyana (AGI, EDF a.o.)

65

On December 9, 2021, the French Competition Authority posted online the decision n° 21-DCC-172 of October 1, 2021 in which it unconditionally authorized AGI (import, distribution and rental of vehicles), EDF PEI (electricity production), Genak (production of solar electricity resold to EDF) and (...)

Alain Ronzano Procedures: The French Supreme Court rules that the procedure for recusal or dismissal on grounds of legitimate suspicion does not apply to the French Competition Authority (CSTB)

18

On 30 September 2021, the Second Civil Chamber of the Court of Cassation issued a judgment in which it confirmed, but substituted its reasons, theorder issued on 24 July 2020 by the delegate of the First President of the Paris Court of Appeal by the delegate of the First President of the Paris (...)

Alain Ronzano Distribution agreements: The Paris Court of Appeal confirms the rejection of a referral concerning the breach of agreements related to a content distribution platform (Molotov / M6 / TF1)

26

In a ruling issued on September 30, 2021the Chamber 5-7 of the Paris Court of Appeal dismissed the entire appeal lodged by Molotov against decision No. 20-D-08 issued on April 30, 2020 in which the French Competition Authority rejected Molotov’s referral on the merits for lack of sufficiently (...)

Alain Ronzano Cartel: The General Court of the European Union dismisses all the actions in the capacitor cartel case and confirms the fines imposed by the European Commission (NEC, Nichicon, a. o.)

27

On 29 September 2021, the General Court of the European Union delivered five judgments in the cases T-341/18 (NEC v. European Commission) T-342/18 (Nichicon Corporation v European Commission) T-343/18 (Tokin Corporation v European Commission) T-344/18 (Rubycon Corporation v European Commission) (...)

Alain Ronzano Private investor test: The General Court of the European Union approves the application of the private investor test to relations between airports and airlines (Ryanair, TUIfly a. o.)

31

On 29 September 2021, the General Court of the Union delivered two judgments in the State aid cases T-447/18 (TUIfly GmbH v European Commission) and T-448/18 (Ryanair and others v European Commission) concerning measures granted by Austria to Klagenfurt airport, as well as to Ryanair, TUIfly (...)

Alain Ronzano Gun jumping: The General Court of the European Union confirms a gun jumping by recognising the possibility of sanctioning concurrently the absence of notification and the early completion of a concentration (Altice, PT Portugal)

389

On 22 September 2021, the General Court of the Union delivered its judgment in case T-425/18 (Altice Europe v. European Commission). It will be recalled that under the terms of a decision adopted on 24 April 2018, the European Commission had imposed a fine of €124.5 million on Altice Europe, (...)

Alain Ronzano Advantage: The General Court of the European Union notes that the setting, by an arbitral tribunal, of a possibly preferential electricity tariff, and therefore attributable to the Greek State, is likely to entail the granting of an advantage (Dimosia Epicheirisi Ilektrismou / European Commission)

143

On 22 September 2021, the General Court of the European Union delivered its judgment in joined cases T-639/14 RENV, T-352/15 and T-740/17 (DEI v. European Commission). The present cases involve three related and successive disputes which raise the question whether the electricity supply tariff (...)

Alain Ronzano Interim measures: The European Commission sends a statement of objections to two pharmaceutical companies informing them of the interim measures it intends to adopt (Grail / Illumina)

176

The European Commission and Illumina are at loggerheads over the proposed acquisition of Grail. The Commission is now threatening to put its money where its mouth is. Today, September 20, 2021, the Commission sent a Statement of Objections to Illumina and GRAIL, informing them of the interim (...)

Alain Ronzano Incompatible aid: The Court of Justice of the European Union annuls the judgment of the General Court of the European Union, holding that the European Commission has sufficiently demonstrated the existence of an aid scheme in relation to the Belgian authorities’ practice of negative adjustment of the profits of undertakings belonging to a multinational group (Magnetrol International)

212

On 16 September 2021, the Court of Justice of the European Union delivered its judgment in case C-337/19 (European Commission v. Kingdom of Belgium and Magnetrol International). In it, it allowed the appeal brought by the Commission and, consequently, set aside thejudgment delivered on 14 (...)

Alain Ronzano Compatible aid: The Court of Justice of the European Union dismisses the appeal against the judgment of the General Court of the European Union confirming the decision by which the European Commission declared the Czech scheme for the promotion of electricity produced from renewable energy sources compatible with the internal market (FVE Holýšov I )

300

On 16 September 2021, the Court of Justice of the European Union delivered its judgment in case C-850/19 (FVE Holýšov I v European Commission). It will be recalled that on 20 September 2019, the General Court of the European Union, in its judgment in case T-217/17 (FVE Holýšov I v. European (...)

Alain Ronzano Illegal aid: The General Court of the European Union rules, in the case of operating aid for offshore wind farms, that the fishermen’s appeal against the Commission’s decision not to raise an objection is inadmissible (CAPA)

199

In the early 2010s, France initiated its first offshore wind farm projects. There are six of them and they are expected to provide 10.8 terawatt-hours per year, or about 2% of total annual electricity production, for 25 years from their commissioning, now expected to take place between 2022 and (...)

Alain Ronzano Annulment: The General Court of the European Union holds that the annulment of the Commission’s decision not to raise objections to the investment plan for Italian motorways is not likely to confer any benefit on the applicants and that there is no longer any need to rule on the action (INC, Consorzio Stabile Sis)

192

In another judgment delivered on 15 September 2021 in Case T-24/19 (INC and Consorzio Stabile Sis v Commission)the Court of First Instance of the European Union held that there was no longer any need to rule on the action brought by two direct competitors of the beneficiaries of an investment (...)

Alain Ronzano Abuse of dominant position: The French Competition Authority declares a referral in the postal services sector inadmissible and rejects it for lack of evidence (La Poste)

285

On September 17, 2021, the French Competition Authority published a decision No. 21-D-22 adopted on September 15, 2021 in which it declared Adrexo’s referral inadmissible and dismissed it for lack of sufficient evidence for the remainder. Adrexo, an undertaking authorised to provide postal (...)

Alain Ronzano Joint control: The French Competition Authority clears, subject to conditions, a takeover of 100 chain stores and identifies for the first time a market for organic products (Bio c’ bon / Carrefour)

190

In the last few days, the French Competition Authority has posted eight new merger clearance decisions online, including six simplified decisions. Among these decisions is the very interesting decision n° 21-DCC-161 of 10 September 2021 in which the French Competition Authority authorised, (...)

Alain Ronzano Environment: Advocate General Athanasios Rantos concludes that compensation creates an advantage that may constitute State aid within the meaning of Article 107(1) TFEU, provided that the other conditions laid down are met (SIA Sātiņi-S / Dabas aizsardzības pārvalde)

139

Does compensation for damage to aquaculture caused by birds protected under the Birds Directive constitute State aid? That is the substance of the question referred by the Latvian Supreme Court to the Court of Justice of the Union for a preliminary ruling, following a dispute between the (...)

Alain Ronzano SGEI: The General Court of the European Union finds that the European Commission wrongly dismissed the presence of doubts as to the 2016 amendment to the compensation of an SGEI and considers that it should have opened a formal investigation procedure (Achema)

119

On 8 September 2021, the General Court of the European Union delivered a judgment in case T-193/19 (Achema and Achema Gas Trade v. European Commission). By that judgment, the Court of First Instance partially annuls the decision of 31 October 2018 by which the Commission had authorised the (...)

Alain Ronzano Environment: The General Court of the European Union dismisses the appeal against the European Commission’s decision provisionally concluding that the environmental incentives adopted by Spain in favour of coal-fired power plants were selective (Naturgy Energy Group)

180

On the other hand, in another State aid case, Case T-328/18 (Gas Natural v. European Commission), the General Court of the European Union, in a judgment delivered on 8 September 2021dismissed the action brought by a Spanish company active in the energy sector which is engaged, inter alia, in (...)

Alain Ronzano Existing aid: The Court of Justice of the European Union asks the Commission, finding that the tender offer procedure for the sale of the Nürburgring racetrack raised doubts as to its impartiality, to re-examine whether that transaction involved the granting of State aid (Ja zum Nürburgring / NeXovation)

193

On 2 September 2021, the Court of Justice of the Union delivered two judgments, respectively incase C-647/19 (Ja zum Nürburgring eV v. European Commission) and incase C-665/19 (NeXovation Inc. v. European Commission)concerning possible aid granted in connection with the sale of the Nürburgring (...)

Alain Ronzano Preliminary investigation phase: The Court of Justice of the European Union reminds the General Court of the European Union of the extent of the obligations incumbent on the Commission in the preliminary investigation phase before triggering the formal investigation procedure (Tempus Energy)

207

On 2 September 2021, the Court of Justice of the European Union delivered a judgment in case C-57/19 (Commission v Tempus energy and Tempus Energy Technology). In June 2014, the United Kingdom notified the Commission of an aid scheme establishing a capacity market across the UK. Concerned that (...)

Alain Ronzano Principle ne bis in idem: Advocate General Bobek suggests that the Court of Justice of the European Union should adopt a new approach to the ne bis in idem principle incorporating, alongside the identity of the offender and the relevant facts, that of the legal interest protected (bpost / Nordzucker)

289

On 2 September 2021, Advocate General Michal Bobek delivered convergent opinions in two cases raising questions about the application of the ne bis in idem principle in the presence of conflicting decisions by either two national competition authorities with parallel jurisdiction or by a (...)

Alain Ronzano Sanctions: The Paris Court of Appeal reforms a decision of the Competition Authority sanctioning a company to the tune of €900,000 for non-compliance with its commitments (PMU / Betclic)

191

In a particularly severe ruling for the Competition Authority, issued on September 2, 2021the Chamber 5-7 of the Paris Court of Appeal overturned in its entirety decision no. 20-D-07 of 7 April 2020900,000 for failing to comply with its commitment to separate the stakes pools marketed "on the (...)

Alain Ronzano Sole control: The French Competition Authority authorises, subject to conditions, the takeover of sole control in the wood and panel trade sector (Panofrance / Distribution Matériaux Bois-Panneaux)

209

In the last few days, the Competition Authority has put 4 new merger clearance decisions online, including 3 simplified decisions. These decisions include decision no. 21-DCC-156 of 1 September 2021 in which the Adlc authorised Distribution Matériaux Bois-Panneaux (DMBP), a subsidiary of the (...)

Alain Ronzano Dawn raids: The French Supreme Court annuls the order of the first president of the Paris Court of Appeal in the case of the incidental visits and seizures (Whirlpool)

243

A new episode in the saga of the incidental visits and seizures carried out at the Whirlpool premises. In a decision rendered on August 11, 2021the Criminal Division of the Court of Cassation censured theorder issued on July 8, 2020 by the delegate of the first president of the Paris Court of (...)

Alain Ronzano Structural commitments: The European Commission publishes the decision clearing the merger of two highly complementary operators in the Romanian telecom market by selling a minority stake of the target to a competitor (Orange,TKM)

39

On March 15, 2022, the Commission made public the decision of July 28, 2021 by which it approved, subject to conditions, the acquisition of Telekom Romania, the former Romanian incumbent operator, by Orange. The present operation represents the combination of two very complementary operators (...)

Alain Ronzano Fixed prices: The French Competition Authority sanctions a manufacturer of sunglasses and eyeglass frames for a practice of prescribed prices and for a practice of prohibiting online sales (Luxottica)

229

On July 22, 2021, the French Competition Authority adopted a decision n° 21-d-20 in which it sanctioned the sunglasses and eyeglasses manufacturer Luxottica, mainly for having limited the pricing freedom of distributors for more than 9 years. But while a total of 5 separate objections were (...)

Alain Ronzano Referral: The European Commission opens in-depth investigation into proposed acquisition of startup that developed blood tests capable of detecting around 50 very early-stage cancers (Grail / Illumina)

160

Despite the appeal filed by US-based Illumina against the Commission’s decision of 19 April 2021 (not yet published) in which the Commission accepted the Competition Authority’s 9 March 2021 request for a referral under Article 22(1) of the EC Merger Regulation and declared itself competent to (...)

Alain Ronzano Sole control: The French Competition Authority authorises, without conditions, in the context of a legal redress procedure, an acquisition of sole control of assets (Idkids / Kidiliz)

141

In the last few days, the French Competition Authority has posted 28 new merger clearance decisions online, including 26 simplified decisions. These decisions include decision No. 21-DCC-128 of 22 July 2021 in which the French Competition Authority unconditionally authorised the Idkids group (...)

Alain Ronzano Investigation: The French Competition Authority’s College puts the brakes on a drift by investigation departments quick to detect obstruction practices where none exist (Les Mousquetaires)

126

On July 21, 2021, the French Competition Authority published a decision n° 21-D-19 of July 19, 2021 in which it dismissed practices implemented by the Les Mousquetaires group. In fact, the College of the Authority is putting an end to what seems to be an overzealous investigation by the (...)

Alain Ronzano Admissibility: The Court of Justice of the European Union confirms the inadmissibility of a German airline’s action against the decision on measures in favour of Frankfurt-Hahn airport, in the absence of individual affectation of the applicant (Lufthansa)

283

On 15 July 2021, the Court of Justice of the European Union delivered its judgment in case C-453/19 (Deutsche Lufthansa AG v European Commission). The Court of Justice of the European Union, providing useful clarifications of its case-law concerning the conditions for the admissibility of (...)

Alain Ronzano Competence: The Court of Justice rules that, in the absence of a specialised court at national level, an undertaking which has made its purchases in a single place must bring proceedings before the court of the place where the goods were acquired, whereas an undertaking which has purchased them in several places may bring proceedings before the court within whose jurisdiction its registered office is situated (RH / Volvo)

228

On 15 July 2021, the Court of Justice of the European Union also ruled on a highly practical question, namely which courts have jurisdiction to rule on actions for damages, particularly, as in the present case, in respect of anti-competitive practices. In its judgment in Case C-30/20 (RH v AB (...)

Alain Ronzano Abuse of dominant position: The French Competition Authority rejects a referral for insufficient evidence regarding practices implemented in the sector of unsold press copies (Earta)

115

On July 21, 2021, the French Competition Authority also made public a decision n° 21-D-18 of July 15, 2021 concerning practices implemented in the sector of the management of unsold press copies. The company Earta, an adapted company which employs a majority of disabled people, referred the (...)

Alain Ronzano COVID-19: The General Court of the European Union finds that the aid granted by Austria to an airline had been deducted from the subsidies granted, in the same context, by Germany to that airline’s group, and confirms its compatibility with the internal market (Ryanair)

165

In its crusade against state aid granted to airlines to deal with the consequences of the Covid-19 pandemic - 22 complaints against Commission Covid-19 decisions to date - Ryanair has suffered a further setback in an Austrian case. On 14 July 2021, the General Court of the European Union (...)

Alain Ronzano Formal investigation procedure: The General Court of the European Union holds that the European Commission was entitled to apprehend a measure as individual aid without having to verify, first and foremost, whether that measure was an aid scheme (Nike / Converse)

171

On 14 July 2021, the General Court of the European Union delivered its judgment in case T-648/19 (Nike European Operations Netherlands BV and Others v. European Commission) concerning tax rescripts issued by the Dutch tax authorities for the benefit of Nike and Converse. Taking the view that, (...)

Alain Ronzano Market definition: The European Commission publishes a working document summarising the results of the evaluation of the Notice on market definition used in EU competition law

231

On 12 July 2021, the European Commission published a summarising the results of the evaluation of the Notice on market definition in EC competition law. Launched in March 2020, this evaluation is intended to contribute to the Commission’s assessment of the functioning of the Market Definition (...)

Alain Ronzano Investigation: The French Competition Authority sanctions a company and its parent for obstructing the simple investigation initiated by the French Competition Authority in the name and on behalf of the Greek Competition Commission (Nixon)

164

By decision n° 21-D-16 of July 9, 2021 made public on July 12, 2021, the French Competition Authority adopted a new decision sanctioning an obstruction of a simple investigation on the basis of the provisions of V of Article L. 464-2 of the French Commercial Code, even though this investigation (...)

Alain Ronzano Cartel: The European Commission inflicts an 875 millions fine in the automotive sector for a cartel involving restrictions on technical development (BMW / Volkswagen / Audi / Porsche)

225

On 12 November 2021, the Commission made public the decision of 8 July 2021 in which it fined four German car manufacturers - BMW, Volkswagen, Audi and Porsche - 875 million for a cartel that dealt, not as usual, with prices, costs or quantities or customer sharing, but with technical aspects (...)

Alain Ronzano Existing aid: The General Court of the European Union considers that the European Commission did not encounter serious difficulties which should have led it to initiate the formal investigation procedure provided for in Article 108(2) TFEU in the case of the Independent Wind Farmers’ Lobby in Ireland (Irish Wind Farmers)

152

On 7 July 2021, the General Court of the European Union delivered its judgment in case T-680/19 (Irish Wind Farmers’ Association Clg and Others v Commission). In it, the Court dismissed the appeal brought by the Independent Wind Farm Operators’ Lobby in Ireland against the decision of 9 July (...)

Alain Ronzano Excessive pricing: The French Supreme Court inflicts a new setback on both the French Competition Authority and the Minister for the Economy regarding the treatment of excessive pricing practices (Sanicorse, Cesarini)

637

In a judgment dated 7 July 2021 but which was not posted on the Authority’s website until 21 July 2021, the Commercial Chamber of the Court of Cassation has curtly dismissed the appeals lodged respectively by the Chairwoman of the Authority and the Minister of the Economy against thejudgment (...)

Alain Ronzano Competence: The Advocate General Szpunar considers, in an arbitration case in favor of Swedish investors in Romania, that EU law was applicable to the measure at stake and that the European Commission was competent to examine the compensation awarded in the light of State aid law (Micula)

228

On 1 July 2021, Advocate General Maciej Szpunar delivered his conclusions in the Micula (C-638/19), named after two brothers, Swedish investors residing in Romania, who had been awarded damages by the International Centre for Settlement of Investment Disputes (ICSID), by way of an arbitral (...)

Alain Ronzano Thresholds: The Paris Court of Appeal asks the Court of Justice of the European Union whether the Continental can case law is still applicable to a merger, lacking a Community dimension, located below the thresholds for compulsory ex ante control provided for by national law and not having given rise to a referral to the European Commission (Itas / TDF)

548

Finally a little subtlety! In a judgment - important and subtly argued - rendered on 1 July 2021the Chamber 5-7 of the Paris Court of Appeal, hearing an appeal by towerCast, a DTT broadcasting operator, the only survivor of the continuous takeover of its competitors since 2006 by the market (...)

Alain Ronzano Price fixing: The French Competition Authority considers, ten years after the facts, that it has not been demonstrated that a company sought to impose on its distributors the prices of its high-pressure cleaners (Kärcher)

172

Clearly, time does not move at the same pace on Rue de l’Echelle as in the real world! While companies are being asked to comment on the revision of the 2011 sanction communiqué within 15 days - watch out, tomorrow will be too late! -, for its part, the Competition Authority is peacefully (...)

Alain Ronzano Interim measures: The French Competition Authority rejects a request for precautionary measures in the notarial real estate advertisement sector, but continues the investigation of the case on the merits (Notariat Services / ADSN)

107

On June 24, 2021, the French Competition Authority issued a decision n° 21-d-15 in which it rejected the request for interim measures submitted by Notariat Services, the publisher of a software program specializing in the distribution of notarial real estate advertisements on websites, but (...)

Alain Ronzano Competition policy: The European Competition Network publishes a joint paper arguing for integration of national competition authorities in the implementation of the regulation

150

On 23 June 2021, the European Competition Network (ECN) published a joint paper of the heads of the EU’s national competition authorities (NCAs) on the Commission’s proposed MAD. In this pro domo plea, which recalls how much the DMA owes to competition law, the issue of coordinating the (...)

Alain Ronzano Dawn raids: The Criminal Division of the French Supreme Court censures an order of the first president of the Court of Appeal having failed to examine whether there was sufficient evidence of anti-competitive practices resulting from the documents regularly produced before him and which could be submitted to the adversarial debate between the parties to authorise the visit and seizure operations (J.L. Polynésie)

227

Finally, some good news for the Polynesian Competition Authority! By judgment dated 16 June 2021the Criminal Division of the Court of Cassation, seized of two appeals lodged by the APC’s general rapporteur, has just annulled theorder issued on 4 December 2019 by the first president of the Court (...)

Alain Ronzano Compatible aid: The General Court of the European Union considers that disregard of provisions of the TFEU other than those relating to State aid can be relied upon only at the stage of examining the compatibility of the measure with the internal market and not at the stage of examining the existence of the State aid (Dansk Erhverv)

163

On 9 June 2021, the General Court of the European Union delivered a judgment in case T-47/19 (Dansk Erhverv v European Commission). In it, the Court clarifies the extent to which infringement of provisions which do not relate to State aid law - in this case, provisions relating to (...)

Alain Ronzano COVID-19: The General Court of the European Union annuls a decision of the European Commission on the grounds of inadequate reasoning, but suspends the effects of the annulment until a new decision is adopted (Ryanair)

233

On 9 June 2021, the General Court of the European Union delivered a judgment in case T-665/20 (Ryanair v European Commission). In its campaign against state aid granted to airlines to deal with the consequences of the Covid-19 pandemic - 22 complaints lodged to date against Commission Covid-19 (...)

Alain Ronzano AEC Test: The Commercial Chamber of the French Supreme Court confirms in all respects the analysis of the Paris Court of Appeal concluding that there was a strategy of eviction implemented in the rail freight transport case (SNCF)

241

On 9 June 2021, the Commercial Chamber of the Court of Cassation issued a judgment in which it confirms the analysis adopted in thejudgment of 20 December 2018by the Chamber 5-7 of the Paris Court of Appeal, ruling on referral after partial cassation, according to which SNCF implemented a plan (...)

Alain Ronzano Commitments: The French Competition Authority imposes a fine of €220 million for a practice of reciprocal self-preference between the ad server and the platforms for programmatic sale of advertising space in the online advertising sector (Google)

232

220 million is the amount of the financial penalty imposed on Google for the implementation, for almost 7 years, since January 1, 2014, the date on which Google’s dominant position on the market for ad servers for website and mobile application publishers could be established (pt. 431), of a (...)

Alain Ronzano Horizontal agreements: The European Commission unveils the different options considered for the revision of the rules governing horizontal R&D and specialisation agreements

436

As promised on 5 May at the end of the first evaluation phase, the European Commission launched on 7 June 2021 a public consultationthis time on the impact assessment phase of the ongoing review of the rules on horizontal cooperation agreements, and more specifically of the two horizontal block (...)

Alain Ronzano Fine: The Court of Justice of the European Union confirms the approach of the General Court of the European Union regarding the reduction of a fine imposed for participation in the car battery recycling cartel (Recylex)

289

On 3 June 2021, the Court of Justice of the European Union delivered its judgment in case C-563/19 (Recylex SA, Fonderie et Manufacture de Métaux SA, Harz-Metall GmbH v. European Commission). It dismisses the appeal brought by Recylex SA, Fonderie et Manufacture de Métaux SA and Harz-Metall GmbH (...)

Alain Ronzano Market test: The French Competition Authority publishes the commitments made by a social network proposing to make access to advertising services for advertisers more transparent and less discriminatory (Facebook)

146

On June 3, 2021, the French Competition Authority made public the proposed commitments made by Facebook regarding the conditions of access by advertising technology providers to its Facebook Marketing Partners (FMP) program, which optimizes advertising campaigns by offering advertisers the (...)

Alain Ronzano Single and continuous infringement: Advocate General Pitruzzella considers that the Commission’s finding of a single and continuous infringement does not imply that it is composed of several separate infringements (Sony, Quanta, Toshiba Samsung)

555

On 3 June 2021, Advocate General Giovanni Pitruzzella delivered his Opinion on the two legal questions, on which the Court of Justice of the Union asked him following four appeals lodged by suppliers of optical disk drives seeking the annulment of four judgments delivered on 12 July 2019 in (...)

Alain Ronzano Existing aid: The General Court of the European Union confirms that the financing of the Italian Health Insurance by the social security contributions of the members and by State resources does not constitute State aid (Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo)

218

On 2 June 2021, the General Court of the European Union delivered a judgment in State aid case T-223/18 (Casa Regina Apostolorum della Pia Società delle figlie di San Paolo v European Commission). It confirmed that the health care service activities carried out within the framework of the (...)

Alain Ronzano Exchange of documents: The French Government publishes the decree allowing the exchange of documents and briefs with the French Competition Authority through a secure electronic document exchange platform

109

Published in the JORF n° 0129 of 5 June 2021 the decree n° 2021-715 of 2 June 2021 relating to the platform for secure electronic document exchange in proceedings before the Competition Authority. The decree in Council of State amends the regulatory part of the Commercial Code in order to allow (...)

Alain Ronzano Competition policy: Dutch, German and French governments adopt a common position calling for tightening of the Digital Markets Act on the largest platforms and for better coordination with competition rules

176

On the sidelines of the Competitiveness Council held on 27 May 2021 in Brussels, Bruno le Maire and Cédric O, together with Peter Altmaier, German Minister of the Economy, and Mona Keijzer, Dutch Secretary of State for Economic Affairs, published a series of seven recommendations to strengthen (...)

Alain Ronzano Competition policy: The French Government publishes the ordinance transposing the ECN+ Directive proposing a flawed solution to remedy the declaration of unconstitutionality of the power to sanction obstruction practices

300

On May 26, 2021, theorder No. 2021-649 of May 26, 2021 on the transposition of Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to provide Member States’ competition authorities with the means to enforce competition rules more effectively and to ensure the (...)

Alain Ronzano New aid: The Court of Justice of the European Union rules that a national measure providing for the payment of compensation to farmers for the slaughter of sick animals and based on a law adopted previously constitutes new aid (Azienda Sanitaria Provinciale di Catania / Assessorato della Salute della Regione Siciliana)

201

On 20 May 2021, the Court of Justice of the Union delivered its judgment in State aid case C-128/19 (Azienda Sanitaria Provinciale di Catania v Assessorato della Salute della Regione Siciliana)following a request for a preliminary ruling by the Italian Court of Cassation. The dispute in the (...)

Alain Ronzano COVID-19: The General Court of the European Union confirms the legality of the aid scheme for strategic Spanish companies adopted in response to the Covid-19 pandemic (Ryanair)

187

On 20 July 2020, Spain notified the Commission of an aid scheme to set up the Fund to support the solvency of strategic enterprises, with a budget of EUR 10 billion, to support the solvency of viable enterprises, considered systemic or strategic for the Spanish economy, which are experiencing (...)

Alain Ronzano COVID-19: The General Court of the European Union annuls for insufficient reasoning the Commission decisions declaring compatible aid granted by the Netherlands and Portugal (Ryanair)

135

In addition to challenging the aid scheme implemented by Spain in the context of the health crisis, Ryanair also questioned the legality of individual aid measures adopted in order to respond to the consequences of the Covid-19 pandemic in the light of Article 107(2)(b) TFEU, and in particular (...)

Alain Ronzano Formal investigation procedure: The General Court of the European Union upholds an appeal against the decision not to raise objections to operating aid granted to Frankfurt-Hahn Airport (Lufthansa)

166

On 19 May 2021, the General Court of the European Union delivered its judgment in case T-218/18 (Deutsche Lufthansa v. European Commission). Frankfurt-Hahn airport, located in the Land of Rhineland-Palatinate, some 115 km from Frankfurt am Main airport, and whose facilities are used mainly by (...)

Alain Ronzano Taxes: The General Court of the European Union reminds the European Commission that it is incumbent on it to establish the existence of an advantage where the level of taxable profits of a company integrated into a group is determined by the choice of a transfer pricing method (Amazon)

267

By a judgment delivered on 12 May 2021 in Joined Cases T-816/17 (Luxembourg v. European Commission) and T-318/18 (Amazon EU and Amazon.com v. European Commission)the Seventh Chamber (Extended Composition) of the General Court of the European Union, presided over by Marc van der Woude, annulled (...)

Alain Ronzano Non-competition clause: The Commercial Chamber of the French Supreme Court criticises the Court of Appeal for not declaring null and void the non-competition clause prohibiting two major distributors from selling single-brand gift cards (Edenred / Fnac, Conforama)

261

On June 1, 2021, a ruling was published on Légifrance by the Commercial Chamber of the French Supreme Court in the case between Edenred and Fnac and Conforama concerning the implementation of a non-competition clause by which the latter, which at the time belonged to PPR (now Kering), undertook (...)

Alain Ronzano Transport: The French Competition Authority approves the accounting separation rules submitted by the dominant operator of passenger rail transport services with certain reservations and issues 14 recommendations (SNCF Voyageurs, Fret SNCF)

116

On 30 July 2021, the French Competition Authority published a opinion n° 21-A-07 of 10 May 2021 concerning a draft set of rules for separating the accounts of SA SNCF Voyageurs and SAS Fret SNCF, at the request of the Transport Regulation Authority (ART), on the basis of Article L. 2133-4 of the (...)

Alain Ronzano Compensation: Advocate General Bobek considers that victims of the air cargo cartel may rely on the infringement of these provisions before a national court to obtain compensation, even for the period during which Articles 104 and 105 TEU were still applicable (Stichting Cartel Compensation)

693

On 6 May 2021, Advocate General Michal Bobek delivered his Opinion in Case C-819/19 (Stichting Cartel Compensation and Others)following a reference for a preliminary ruling from the Amsterdam Court of First Instance. The present case follows on from the Commission’s decision of 17 March 2017 in (...)

Alain Ronzano Principle of equal treatment: The Paris Court of Appeal rejects the appeal against the decision sanctioning a practice of complacent quotations in the market for military removals from La Réunion (Transports-Transit-Déménagements)

169

In a judgment handed down on 6 May 2021the Chamber 5-7 of the Paris Court of Appeal dismissed in all respects the appeal lodged by one of the three removal companies sanctioned along with two transport companies by the French Competition Authority under the terms of a decision No. 20-D-05 of 23 (...)

Alain Ronzano Annulment: The General Court of the European Union partially annuls the European Commission’s decision approving the compensation granted by Denmark to the Danish postal operator for its universal service obligation (ITD, Danske Fragtmænd)

250

On 5 May 2021, the General Court of the European Union delivered a judgment in State aid case T-561/18 (ITD and Danske Fragtmænd v European Commission). In it, it partially annulled the decision of 28 May 2018 in which the Commission concluded that the compensation granted by Denmark to Post (...)

Alain Ronzano Sanctions: The French Competition Authority sanctions a new obstruction practice, despite the declaration of unconstitutionality of V of Article L. 464-2 of the C. com. (Fleury Michon)

158

When the Competition Authority confirms, through its decisional practice, the absence of useful effect of the declaration of unconstitutionality of the power to sanction obstruction practices pronounced by the Constitutional Council... For those who may still have doubts, the French (...)

Alain Ronzano False information: The European Commission publishes the decision imposing a fine of €7.5 million on a pharmaceutical and chemical company for providing misleading information in the context of the investigation into its acquisition by a competitor (Sigma-Aldrich / Merck)

75

On March 16, 2022, the European Commission made public the decision of May 3, 2021 in which it imposed a fine of EUR 7.5 million on Sigma-Aldrich for providing incorrect or misleading information during the Commission’s investigation under the EU Merger Regulation into Merck’s acquisition of (...)

Alain Ronzano Exclusive right: The French Competition Authority publishes the opinion on the implementation of the unified information and command system for fire and rescue services and civil security

115

Following the publication in the Official Journal dated 23 July 2021 of decree no. 2021-970 of 21 July 2021 relating to the unified information and command system for fire and rescue services and civil security "NexSIS 18-112", on 27 July 2021 the Authority published its opinion No. 21-A-06 (...)

Alain Ronzano Economic continuity: The Court of Justice of the European Union confirms that Slovak State’s approval of continued operation of bankrupt company classified as strategic company constitutes State aid (Fortischem)

239

On 29 April 2021, the Court of Justice of the European Union delivered a judgment in case C-890/19 (Fortischem a.s. v. European Commission). The Court dismissed the appeal brought by the operator to whom the bulk of the assets of a bankrupt company had been transferred and which had obtained (...)

Alain Ronzano Energy: The Court of Justice of the European Union confirms the analysis of the General Court in the case of the LNG terminal intended to guarantee the security of Lithuania’s energy supply (Achemos & Achema)

249

On 29 April 2021, the Court of Justice of the Union delivered a judgment in case C-847/19 (Achemos Grupė UAB and others v. European Commission). By the terms of this judgment, the Court confirms in all respects thejudgment delivered on 12 September 2019 by the General Court of the European (...)

Alain Ronzano Interested party: The Advocate General Pitruzzella considers that the judgment of the General Court of the European Union in the case of the sale of the assets of the Nürburgring motor racing circuit is vitiated by a failure to state reasons in various respects (Ja zum Nürburgring / NeXovation)

361

On 29 April 2021, Advocate General Giovanni Pitruzzella delivered his Opinion incase C-647/19 (Ja zum Nürburgring eV v European Commission) and incase C-665/19 (NeXovation Inc. v European Commission) concerning the 2013 sale of the Nürburgring complex to a company in Rhineland-Palatinate. (...)

Alain Ronzano Sole control: The French Competition Authority clears an acquisition of sole control in the sector of maintenance of wastewater facilities and networks and industrial cleaning (Suez RV Osis / Société d’Assainissement Rationnel et de Pompage)

312

In the last few days, the Competition Authority has put 7 new merger clearance decisions online, including 6 simplified decisions. These decisions include decision No. 21-DCC-71 of April 28, 2021 in which the French Competition Authority authorized, following the referral of the case by the (...)

Alain Ronzano COVID-19: The French Competition Authority delivers the instructions for drawing up an agreement between distributors on a regulated film release schedule when cinemas reopen

142

When the Competition Authority prepares the deconfinement! Referred to by the Cinema Mediator, it issued on 16 April 2021 a opinion n° 21-A-03concerning the modalities for releasing films in cinemas, especially to avoid the "great traffic jam" when cinemas reopen, since the release of a number (...)

Alain Ronzano Economic unit: The Advocate General Pitruzzella proposes to extend the liability of the parent company, perpetrator of anti-competitive practices, to its daughter, with which it constitutes an economic unit, in order to allow victims of competitive damage to act directly against the subsidiary (Sumal / Mercedes Benz Trucks España)

373

On 15 April 2021, Advocate General Giovanni Pitruzzella delivered his Opinion in Case C-882/19 (Sumal, S.L.)which follows a reference for a preliminary ruling from the Barcelona Court of Appeal. The present Opinion - which should make some noise - is undoubtedly part of the movement to make it (...)

Alain Ronzano Corporate group: The Court of Justice of the European Union confirms that the application of the presumption of the effective exercise of decisive influence by the parent company over its subsidiary does not violate the principle of legal certainty, the principle of legality of penalties or the principle of the presumption of innocence (Italmobiliare)

310

On 15 April 2021, the Court of Justice of the European Union delivered a judgment in case C-694/19 (Italmobiliare and Others v. European Commission). By the terms of the present judgment, the Court dismisses in its entirety the appeal brought by Italmobiliare, the parent company of a group, (...)

Alain Ronzano Investigations: The French State Council publishes a study denouncing the proliferation of investigative powers of the administration and independent administrative authorities

238

On 6 July 2020, the Council of State published a study on the investigative powers of the administration. In this report, commissioned by the then Prime Minister Edouard Philippe, the Conseil d’État notes the stratification and multiplication of powers given to administrations (State services, (...)

Alain Ronzano COVID-19: The General Court of the European Union confirms for the first time the legality of individual aid measures adopted to respond to the consequences of the pandemic (Ryanair)

280

After having validated the aid schemes granted by France and Sweden only to airlines holding a national licence by two judgments delivered on 17 February 2021, the Court of First Instance of the European Union confirms for the first time, by means of two judgments delivered on 14 April 2021 in (...)

Alain Ronzano COVID-19: The General Court of the European Union holds that a guarantee granted by Finland was necessary to remedy the serious disruption to the Finnish economy caused by the Covid-19 pandemic (Ryanair)

169

By judgment of the same day in case T-388/20the Court of First Instance also validates the individual aid measure adopted by Finland to support its national airline, Finnair, in dealing with the consequences of the Covid-19 pandemic. The measure in question aims at helping Finnair to obtain a (...)

Alain Ronzano Annulment: The General Court of the European Union annuls the decision by which the Commission decided not to raise objections to the Lithuanian scheme of aid to electricity producers from renewable energy sources (Achema, Lifosa)

206

On 14 April 2021, the General Court of the European Union delivered a judgment in case T-300/19 (Achema AB and Lifosa AB v. European Commission)in which it annulled the Commission’s decision of 8 January 2019 concerning an aid scheme implemented by the Republic of Lithuania for the benefit of (...)

Alain Ronzano State aid scheme: The General Court of the European Union upholds the Commission’s decision on aid schemes for charity associations for social assistance tasks based in the Land of Lower Saxony (Verband Deutscher Alten- und Behindertenhilfe, CarePool Hannover)

149

On 14 April 2021, the General Court of the European Union delivered a judgment in case T-69/18 (Verband Deutscher Alten und Behindertenhilfe and CarePool Hannover v. European Commission). In that decision, the Court dismissed the action brought by residential establishments providing (...)

Alain Ronzano Sole control: The French Competition Authority authorizes, subject to conditions, the acquisition of exclusive control in the poultry slaughtering sector (LDC Volaille / Ronsard)

116

In the last few days, the French Competition Authority has posted 12 new merger clearance decisions online, including 9 simplified decisions. Among these decisions is decision n° 21-DCC-65 of 14 April 2021 in which the French Competition Authority authorised LDC Volaille to acquire sole control (...)

Alain Ronzano Sole control: The European Commission authorises, subject to conditions, a German group to acquire sole control of several waste management companies from a French group (Schwarz / Suez)

164

On 6 July 2021, the Commission made public the decision adopted on 14 April 2021 by which it approved, subject to conditions, the acquisition by the German Schwarz group, mainly active in food retailing in more than 30 countries through its Lidl and Kaufland retail chains, of sole control of (...)

Alain Ronzano Referral: The French State Council says that the administrative judge does not have competence to hear an appeal against the decision of the French Competition Authority to refer to the European Commission a merger transaction below the thresholds (Grail / Illumina)

385

In a order issued on April 1, 2021the interim relief judge of the Conseil d’Etat ruled that the national administrative judge does not have jurisdiction to hear an appeal against the decision of the French Competition Authority to refer a concentration below the thresholds to the European (...)

Alain Ronzano Priority question of constitutionality: The French Constitutional Council declares the second subparagraph of paragraph V of Article L. 464-2 of the Commercial Code contrary to the Constitution, on the grounds that the conduct in question is in part already sanctioned by the offence of obstruction under Article L. 450-8 of the Commercial Code (Akka Technologies)

443

The AKKA group and Brenntag SA and Brenntag AG - as voluntary interveners - have just won a Pyrrhic victory, or at least a victory for glory, before the Constitutional Council in the context of the referral ordered by the Commercial Chamber of the Court of Cassation on January 13, 2021 of the (...)

Alain Ronzano Referral: The European Commission publishes guidance on the application of the referral mechanism under article 22 of the Merger Regulation and launches a first consultation on extending the simplified procedure

451

With the publication on 26 March 2021 of a working document summarising the findings of the evaluation of the procedural and jurisdictional aspects of EU merger control, the Commission is publishing its guidance on the application of the referral mechanism under Article 22 of the Merger (...)

Alain Ronzano QPC: The French Constitutional Council pronounces the total non-conformity of the second subparagraph of paragraph V of Article L. 464-2 of the Commercial Code (Akka Technologies)

181

More than a week after its adoption, I propose to return to decision n° 2021-892 QPC of 26 March 2021in which the Constitutional Council declared the second paragraph of Article L. 464-2, paragraph V, of the French Commercial Code, which allows the Competition Authority to impose sanctions in (...)

Alain Ronzano Sanctions: The French Constitutional Council publishes its ’commentary’ on the decision pronouncing the total non-conformity of the second paragraph of paragraph V of Article L. 464-2 of the Commercial Code which allows the French Competition Authority to sanction obstruction practices (Akka Technologies)

121

Almost one month after having rendered its decision No. 2021-892 QPC of March 26, 2021 declaring the second paragraph of paragraph V of Article L. 464-2 of the French Commercial Code, which allows the French Competition Authority to sanction obstruction practices, to be totally non-conforming, (...)

Alain Ronzano Access to infrastructure: The Court of Justice of the European Union confines the standard of proof in the Bronner judgment requiring verification of the indispensability of access for competitors to the sole refusal of access (Slovak Telekom, Deutsche Telekom)

522

On March 25, 2021, the Court of Justice of the Union delivered its judgments in C-152/19 (Deutsche Telekom AG v. European Commission) and C-165/19 (Slovak Telekom a.s. v. European Commission). By those judgments, the Court of Justice of the European Union dismisses the appeals and upholds the (...)

Alain Ronzano Pay for delay: The Court of Justice of the European Union upholds the judgments of the General Court of the European Union imposing fines on a pharmaceutical company and four generic companies for entering into a deferred entry agreement concerning the antidepressant citalopram (Lundbeck)

702

On 25 March 2021, the Court of Justice of the Union delivered its judgment inPay for Delay case C-591/16 (Lundbeck v European Commission)as well as in the five related cases: Sun Pharmaceutical Industries and Ranbaxy (UK)/Commission (C-586/16) Generics (UK) v Commission (C-588/16) Arrow Group (...)

Alain Ronzano COVID-19: The European Commission issues second comfort letter to address current slowdowns in COVID-19 vaccine production and to accelerate the use of additional capacity available across Europe

902

On 26 March 2021, the Commission published a new comfort lettersigned by the Director General of DG Comp, Olivier Guersent. This time it concerns the organisation of a pan-European online business forum which takes place from 29 to 31 March 2021 and is entitled "Matchmaking Event - Towards (...)

Alain Ronzano Leniency: The French Competition Authority sanctions the three main French industrial sandwich manufacturers for having colluded in response to calls for tender from supermarkets and takes full advantage of the possibilities offered by the leniency procedure (Roland Monterrat, La Toque Angevine, Daunat)

235

On March 24, 2021, the French Competition Authority issued a decision No. 21-d-09 24,574,000, against three companies active in the manufacture and marketing of cold industrial sandwiches sold under private labels, for having, between September 2010 and September 2016, defined a common (...)

Alain Ronzano Competence: The French Senate’s Economic Affairs Committee hears Isabelle de Silva, who argues that national competition authorities should be able to play a role in enforcing the DMA alongside the Commission

152

On March 24, 2021, the president of the French Competition Authority, Isabelle de Silva, was interviewed by the Senate’s Economic Affairs Committee, an opportunity for her to take stock of the institution’s latest actions and to pass on some messages. This is the third time that Isabelle de Silva (...)

Alain Ronzano Sole control: The French Competition Authority publishes the decision clearing an acquisition of sole control of 366 shops in the context of a judicial liquidation procedure (La Halle / Beaumanoir)

195

In the last few days, the French Competition Authority has posted 25 new merger clearance decisions online, including 23 simplified decisions. These decisions include decision No. 21-DCC-43 of March 24, 2021 in which the French Competition Authority unconditionally authorised the Beaumanoir (...)

Alain Ronzano Agriculture: The French National Assembly unanimously adopts, on first reading, the bill (Large-scale distribution and its groupings in their commercial relations with their suppliers)

109

On June 24, 2021, the deputies began the discussion in public session of the bill to protect the remuneration of farmers, which aims to strengthen, three years after its adoption, the EGAlim law of October 30, 2018 and for which the Government initiated the accelerated procedure on this text on (...)

Alain Ronzano Competition policy: The French Competition Authority recommends to the Minister of Justice the creation of two offices in its opinion on the installation of lawyers at the Council of State and the Court of Cassation for the years 2021-2023

104

On March 23, 2021, the French Competition Authority (Autorité de la concurrence) issued a opinion n° 21-A-02 on freedom of establishment and recommendations for the creation of lawyers’ offices at the Council of State and the Court of Cassation for the years 2021-2023 (third two-year period (...)

Alain Ronzano New Caledonia: The New Caledonian Competition Authority conditionally clears a controllable transaction that had not been notified to it and plans to sue the company for failure to notify the transaction before its completion (Médical Equipement / Handipharma)

181

By communiqué dated March 23, 2021, the New Caledonian Competition Authority announced that it had authorized, by decision no. 2021-DCC-01 of March 22, 2021, the acquisition of exclusive control of Medical Equipement by Handipharma. This authorization was given after the fact, when the (...)

Alain Ronzano Fines: The Court of Justice of the European Union annuls the judgment of the General Court of the European Union on the grounds of breach of the principle of equal treatment in the calculation of the fine (Pometon)

363

On 18 March 2021, the Court of Justice of the European Union delivered its judgment in case C-440/19 (Pometon SpA v European Commission). It will be recalled that in this case, the General Court of the Union had, through a judgment delivered on 28 March 2019 in case T-433/16 (Pometon SpA v. (...)

Alain Ronzano Abuse of dominant position: The French Competition Authority rejects the referral on the merits of the companies operating two establishments specialised in karaoke in private rooms (Singing Studio / Karafun)

177

On March 18, 2021, the French Competition Authority issued a decision no. 21-d-08 in which it rejected, on the basis of Article L. 462-8 of the French Commercial Code, the companies Singing Studio, which operate two establishments specializing in private karaoke rooms, argued that the Karafun (...)

Alain Ronzano Privacy protection: The French Competition Authority rejects the request for interim measures made by various online advertising players regarding a framework for ad tracking, but continues to investigate the case (Apple)

204

On March 17, 2021, the French Competition Authority issued a decision n° 21-d-07 in which it considers that, at the early stage of the analysis of the request for interim measures, it does not appear that Apple has, by imposing a mechanism allowing users of the brand’s mobile devices, under iOS (...)

Alain Ronzano Taxes: The Court of Justice of the European Union dismisses the appeals of the European Commission and confirms the judgments of the General Court of the European Union concerning the Polish tax in the retail sector and the Hungarian tax on advertising (Commission / Poland ; Commission / Hungary)

229

On 16 March 2021, the Court of Justice of the European Union, sitting as a Grand Chamber, delivered its judgments in the cases C-562/19 (European Commission v. Republic of Poland)and C-596/19 (European Commission v Hungary). The Court dismissed the two appeals lodged by the Commission and (...)

Alain Ronzano Priority question of constitutionality: The French Constitutional Council holds the hearing on the priority question of constitutionality concerning the conformity of the provision of the Commercial Code allowing the French Competition Authority to impose sanctions in case of obstruction practices (Akka Technologies)

208

On March 16, 2021, the Constitutional Council held the hearing concerning the QPC n° 2021-892 concerning the conformity of Article L. 464-2 of the French Commercial Code and, more specifically, the provisions of V, 2nd paragraph, of the said Article, which allow the Competition Authority, when (...)

Alain Ronzano Existing aid: Advocate General Pitruzzella calls on the Court of Justice of the European Union to confirm that measures for the financing of road and rail connections with the Danish hinterland granted in the framework of the Fehmarn Strait fixed rail-road link project between Germany and Denmark did not constitute State aid (Scandlines) (Stena Line Scandinavia)

155

On 11 March 2021, Advocate General Giovanni Pitruzzella delivered his conclusions in Joined Cases C-174/19 (Scandlines Danmark ApS and Scandlines Deutschland GmbH v European Commission) and C-175/19 (Stena Line Scandinavia AB v European Commission). It will be recalled that, with two judgments (...)

Alain Ronzano Bid rigging: The French Competition Authority issues a new decision concerning a local anti-competitive practice in the sector of security works for tobacco shops (Double Tour)

195

It will be recalled that on February 27, 2020, the DGCCRF released its eleventh local PAC decision regarding cover bidding practices implemented by several installers of security equipment in tobacco shops. The case concerned the Pays de la Loire and the Nouvelle Aquitaine regions. A quick (...)

Alain Ronzano Sole control: The French State Council considers that the institutions representing the target’s employees are not entitled to request the annulment of the decision authorising a takeover of sole control (Mondadori)

147

On July 24, 2019, the French Competition Authority (Autorité de la concurrence) authorized, subject to structural commitments, the acquisition of exclusive control of Mondadori France by Reworld Media in the magazine publishing sector, the operation of online sites and the development of the (...)

Alain Ronzano Existing aid: The Court of Justice of the European Union has censured the judgment of the General Court of the European Union which had annulled the European Commission’s decision classifying as State aid the derogating tax regime of four Spanish professional football clubs (Fútbol Club Barcelona)

230

On 4 March 2021, the Court of Justice of the Union delivered its judgment in Case C-362/19 (Fútbol Club Barcelona v Commission). concerning the few Spanish professional football clubs exempted from being converted into sports limited companies. It basically follows the conclusions of Advocate (...)

Alain Ronzano Priority question on constitutionality: The Paris Court of Appeal refuses to transmit to the Court of Cassation a priority question on constitutionality filed in the context of the horizontal cartel case in the pork sector (S.C.O.)

104

Here’s a notebook that’s still making a lot of noise about him This notebook is the one that the Campofrio Group incidentally entrusted to the investigation services of the Competition Authority when it filed its first-rank leniency application in the pork butchering case that gave rise to the (...)

Alain Ronzano Group liability: The French Competition Authority severely and jointly sanctions a company which had refused the transaction proposed by the Minister, by attributing its infringing behaviour to its parent companies (Santerne Nord Tertiaire)

213

It will be remembered that at the end of 2018, the DGCCRF had put an end to an illegal cartel practice between three companies that had applied for tenders launched in 2013 and 2014 by Lille Métropole Communauté Urbaine (LMCU) in the field of technical management of buildings (GTB).. In the (...)

Alain Ronzano Postal services: The Court of Justice of the European Union has doubts as to whether the measure at issue in the case of management of the postal current account service for the collection of Italian municipal property tax (Poste Italiane / Riscossione Sicilia)

217

On 2 March 2021 the Court of Justice of the European Union delivered a judgment in Joined Cases C-434/19 (Poste Italiane SpA v Riscossione Sicilia SpA) and C-435/19 (Agenzia delle entrate - Riscossione v Poste Italiane SpA) which follows two references for a preliminary ruling from the Italian (...)

Alain Ronzano Existing aid: The Court of Justice of the European Union confirms that the support granted by an Italian private law consortium to one of its members was not imputable to the State (Banca Popolare di Bari)

167

On 2 March 2021, the Court of Justice of the European Union delivered its judgment in Case C-425/19 (European Commission v. Italian Republic and others) . Taking the view in turn that the support granted by a consortium of Italian banks to one of its members did not involve the use of State (...)

Alain Ronzano Energy: The French Competition Authority argues for the introduction of regulation by the French Energy Regulation Commission of general interest oil pipeline operating companies

124

On 24 March 2021, the French Competition Authority published an opinion issued to the Minister of the Economy on 1 March 2021 - opinion n° 21-A-01 - on the draft order on the control of general interest pipelines by the Minister for Energy The Authority issues an unfavourable opinion on this (...)

Alain Ronzano Dominant position: The Court of Justice of the European Union rules that the Slovak incumbent telecommunications operator, condemned by the European Commission for abuse of a dominant position on the market for wholesale broadband access services, could also be sanctioned by the Slovak NCA for abuse on the wholesale and retail markets for telephone and dial-up broadband internet access services (Slovak Telekom)

366

On 25 February 2021, the Court of Justice of the European Union delivered a judgment in Case C- 857/19 (Slovak Telekom a.s. v. Protimonopolný úrad Slovenskej republiky) which follows a reference for a preliminary ruling under Article 267 TFEU from the Slovak Supreme Court. On 26 September 2005, (...)

Alain Ronzano Abuse of economic dependence: The French Competition Authority again rejects the characterisation of an abuse of economic dependence and rejects the referral of the distributor for lack of evidence (Cartocad / Autodesk)

317

On 3 March 2021, the Competition Authority made public a decision No. 21-D-04 adopted on 24 February 2021. about practices denounced in the publishing and professional software sales sector. In September 2020, Cartocad, a distributor of software products and related services on behalf of (...)

Alain Ronzano Predatory pricing: The French Competition Authority rejects a request for precautionary measures by an alternative supplier, but decides to continue its investigation to establish whether the dominant electricity supplier has engaged in predatory pricing in connection with the exit from regulated tariffs for sales to small non-residential customers (Plüm Énergie / EDF)

543

On February 18, 2021, the Competition Authority issued a decision no. 21-d-03 in favour of which it rejects the application for interim measures submitted by Plüm Energie, an alternative electricity supplier, denouncing a predatory pricing practice allegedly implemented by EDF on the occasion of (...)

Alain Ronzano COVID-19: The General Court of the European Union dismisses the appeals against the decisions of the European Commission declaring compatible aid schemes granted by France and Sweden only to airlines holding a national licence (Ryanair)

247

On 17 February 2021, the Court of First Instance of the European Union gave its first judgment for the first time, in two judgments delivered on the basis of an accelerated procedure, in cases T-238/20 (Ryanair DAC v. European Commission) and T-259/20 (Ryanair DAC v European Commission) on the (...)

Alain Ronzano Jurisdiction: The French Supreme Court clarifies that the Competition Authority, when seized by the Competition Authority of another Member State with a request for assistance, retains its own powers of investigation for possible irregularities committed in France (Caudalie)

328

On the basis of a judgment delivered on 17 February 2021the Criminal Chamber of the Court of Cassation has clarified that, when the French Competition Authority receives a request for assistance at the investigation stage from the competition authority of another Member State on the basis of (...)

Alain Ronzano Intra-brand competition: The Paris Court of Appeal finds that the declarations of voluntary intervention and incidental appeal filed by the claimant against the decision of the French Competition Authority sanctioning an electronic products manufacturer and its two wholesalers to the tune of €1.24 billion for practices affecting ’intra-brand’ competition have lapsed (Apple / Tech Data / Ingram Micro)

270

On the same day, 11 February 2021, the same Chamber 5-7 of the Paris Court of Appeal adopted another judgment concerning this time the pending actions brought by Apple, Tech Data and Ingram Micro for annulment and, in the alternative, for reversal against decision No 20-D-04 of 16 March 2020 by (...)

Alain Ronzano Cartel: The French Supreme Court upholds the principle that, by participating in anti-competitive meetings without publicly distancing itself from their content, an undertaking gives the other participants the impression that it subscribes to the expected results of the cartel (Goodmills Deutschland / Grands moulins de Paris)

935

Apart from the express distancing from the cartel, there is no salvation! This is in substance the scathing and, on reflection, with very little motivation, that the Commercial Chamber of the Court of Cassation has just sent to decision handed down on February 10, 2021. in the case of flour to (...)

Alain Ronzano Excessive prices: The European Commission accepts and makes binding the commitments of one pharmaceutical company to reduce the prices of six anti-cancer drugs by 73% for ten years, and sends a strong signal to other pharmaceutical companies about excessive pricing practices (Aspen)

373

See also, Law & Economics Webinar organised by Concurrences "Excessive prices in the pharmaceutical sector in the EU: The Aspen Decision", in partnership with Covington & Burling and CRA, with Miranda Cole (Partner, Covington & Burling), Raphaël de Coninck (Vice President, CRA), (...)

Alain Ronzano Abus of dominant position: The Paris Commercial Court orders a search engine that abused its dominant position to pay damages of 1,270,000 euros to a telephone directory assistance company (Oxone Technologies / Google)

654

On February 10, 2021, the 8th Chamber of the Paris Commercial Court issued a judgment. in which it finds that Google has committed several abuses of a dominant position, orders it to pay more than EUR 1 million in damages to a directory enquiry company and orders that that company’s access to (...)

Alain Ronzano Agency contract: The Competition DG publishes a working document in which it explains how a supplier can enter into an agency agreement with a distributor independent of its network for products other than those covered by the distribution contract

299

On 5 February 2021, DG Competition published a working document of 9 pages in English in which it sets out its - provisional - view on how Article 101 TFEU can be applied to a specific type of vertical agreements, namely agency agreements concluded with distributors already in place in the (...)

Alain Ronzano Competence: The Court of Justice of the European Union confirms the power of the European Commission to address a new request for information to an undertaking after the statement of objections, provided that it is reasoned for the purposes of the investigation, necessary and proportionate (Qualcomm)

379

On 28 January 2021, the Court of Justice of the European Union delivered its judgment in Case C-466/19 (Qualcomm and Qualcomm Europe v. European Commission).. The Court of Justice dismissed the appeal brought by Qualcomm and Qualcomm Europe seeking the annulment of thejudgment delivered on 9 (...)

Alain Ronzano Competition policy: The Territorial Chamber of Accounts conceals the issue of breaches of the rules of impartiality that led to the compulsory resignation of the chairman of the Polynesian Competition Authority

74

On June 1, 2021, the Territorial Chamber of Accounts of French Polynesia delivered its final observations report on the Polynesian Competition Authoritywhich, as is well known, experienced a "cataclysm" in 2019 and 2020, to use the word of the institution’s current acting president, Christian (...)

Alain Ronzano Liability: The Court of Justice of the European Union confirms the fine imposed on a merchant bank jointly and severally with its subsidiaries for their participation in the electricity cable cartel (Goldman Sachs)

537

On 27 January 2021, the Court of Justice of the European Union delivered its judgment in Case C-595/18 (The Goldman Sachs Group Inc. v. Commission) . It dismissed the appeal by the merchant bank seeking the annulment of thejudgment of 12 July 2018. by the Court of First Instance of the (...)

Alain Ronzano Change in control: The General Court of the European Union confirms the decision of the European Commission declaring the merger of the two main Dutch cable operators compatible with the internal market (KPN)

272

On 27 January 2021, the Court of First Instance of the European Union delivered a judgment in Case T-691/18 (KPN BV v. European Commission).. In that case, the applicant, KPN BV, a provider of retail television services over a cable network, contested by its action the decision of 30 May 2018 (...)

Alain Ronzano The French Competition Authority accepts and makes binding commitments from a toy manufacturer to modify the tariff rebate policy for online sales in the construction toys sector (Lego)

221

On 29 January 2021, the Competition Authority made public the decision no. 21-D-02 which it adopted on 27 January 2021. and by virtue of which it has accepted and made binding the commitments of Lego France, a subsidiary of the Lego Group, and closes the proceedings on the merits initiated (...)

Alain Ronzano Prescription: The French Supreme Court approves the fixing of the starting point of the prescription of a consequential action for damages at the date of the Competition Authority’s decision (EMC2 / Signaux Girod)

476

On the basis of a judgment delivered on 27 January 2021The Commercial Chamber of the Court of Cassation has confirmed the case law of the Paris Court of Appeal, which sets the starting point for the prescription of an action for damages on the date of the Competition Authority’s decision (Thanks (...)

Alain Ronzano Action for damages: The Administrative Court of Appeal of Nantes increases the provision granted to the Loire-Atlantique department in the context of an action for damages for a practice of cover offer sanctioned by the Competition Authority (Philippe Lassarat, Prezioso Linjebygg)

168

It is recalled that in a decision no. 11-D-07 of February 24, 20111,160,100 for concerted price fixing in connection with contracts for port painting and civil engineering works between 2005 and 2006. Ten years after the Authority’s final decision and 15 years after the facts, the (...)

Alain Ronzano Prescription: The Court of Justice of the European Union considers that a strict interpretation of the national legislation, as upheld by the Bucharest Court of Appeal, prohibiting absolutely the interruption of the limitation period by acts adopted after the decision to open an investigation, appears liable to jeopardise the effective implementation of the EU competition rules (Whiteland Import Export)

436

On 21 January 2021, the Court of Justice of the European Union delivered a judgment in Case C-308/19 (Consiliul Concurenţei v Whiteland Import Export SRL) following a reference for a preliminary ruling from the Romanian High Court of Cassation and Justice. The present case raises the question (...)

Alain Ronzano Selectivity: Advocate General Pitruzzella calls on the Court of Justice of the European Union to dismiss the appeals seeking the annulment of the judgments of the General Court of the European Union confirming the selective nature of the Spanish scheme for deducting the acquisition of shareholdings in foreign companies (Sigma Alimentos Exterior)

1359

On 21 January 2021, Advocate General Giovanni Pitruzzella delivered a series of six Opinion incase C-50/19 (Sigma Alimentos Exterior, SL v. Commission), in Joined Cases C-51/19 and C-64/19 (World Duty Free Group, SA v Commission and Kingdom of Spain v World Duty Free Group, SA and Commission), (...)

Alain Ronzano Annulment: The Paris Court of Appeal declares moot the appeal on the merits against a decision of the Polynesian Competition Authority annulled by the Court of Cassation on grounds of legitimate suspicion (Wane)

185

New episode in the Polynesian saga, the 7th of the series, if we count correctly, and maybe not the last one... On June 4, 2020, the Second Civil Chamber of the Court of Cassation had, in a very important ruling, issued a decision.whose teachings were intended to apply well beyond the case in (...)

Alain Ronzano Reform: Two deputies of the French National Assembly, authors of a report on the Evaluation of Industrial Policy, propose to reform competition policy in the direction of pragmatism and reciprocity (Evaluation of Industrial Policy)

156

On 22 January 2021, the National Assembly made public the information report entitled "Evaluation of Industrial Policy".The report was drafted by two Members of Parliament, Olivier Marleix (LR) and Thierry Michels (LRM), on behalf of the Public Policy Assessment and Monitoring Committee. It is (...)

Alain Ronzano Default interest: The Court of Justice of the European Union confirms the European Commission’s obligation to pay default interest to the wrongly convicted company in addition to the amount of the fine unduly paid (Printeos)

328

On 20 January 2021, the Court of Justice of the European Union delivered its judgment in Case C-301/19 (Printeos, SA v. European Commission).. It rejects the appeal brought by the European Commission seeking the annulment of thejudgment of the Court of First Instance of the European Union of (...)

Alain Ronzano Dawn raids: The Criminal Chamber of the French Supreme Court provides some clarifications on the conduct of dawn raids and specifies that the exemption from seizure of lawyer-client correspondence is not limited to exchanges related to the present competition case, but extends to all correspondence exchanged between a lawyer and his client and related to the exercise of the rights of defence (EDF, Dalkia)

659

It is recalled that by judgment of 25 November 2020 With regard to the conduct of visiting and seizure operations, the Criminal Chamber of the Court of Cassation had confirmed the principle that, if lawyer-client correspondence could not be seized in the context of visiting operations, it was (...)

Alain Ronzano Tender offer: The Court of Justice of the European Union considers that, in the case of concerted submission of tenders for the award of a public works contract, the infringement period runs until the date of signature of the contract (Kilpailu- ja kuluttajavirasto)

335

On 14 December 2021, the Court of Justice of the European Union delivered its judgment in Case C-450/19 (Kilpailu- ja kuluttajavirasto) which follows a reference for a preliminary ruling from the Finnish Supreme Administrative Court. In its conclusions Advocate General Pitruzzella put the (...)

Alain Ronzano State resources: The General Court of the European Union upholds the decision of the European Commission which had found that France had not implemented State aid through the financing of training courses leading to the certificate of aptitude for the safe operation of construction site machinery (Hacène Bezouaoui, HB Consultant)

199

On 13 January 2021, the Court of First Instance of the European Union handed down a judgment in case T-478/18 (Hacène Bezouaoui and HB Consultant v. European Commission).. It dismisses the action brought against the Commission’s decision of 10 April 2018, in which it found that there was no (...)

Alain Ronzano Priority question on constitutionality: The French Supreme Court refers to the French Constitutional Council a priority question on constitutionality concerning the conformity of the article of the Commercial Code allowing the French Competition Authority to impose sanctions in case of obstructive practices (Akka Technologies)

229

By judgment of 13 January 2021, the Commercial Chamber of the Court of Cassation decided to refer to the Constitutional Council the priority constitutionality issue referred to it by the Akka group in its appeal against the decision handed down on 26 May 2020 by Chamber 5-7 of the Paris Court (...)

Alain Ronzano Sole control: The French Competition Authority has issued a decision clearing the acquisition of sole control of a company specialised in mobile telephony services, following a transition to phase II and subject to commitments (EIT / Bouygues Telecom)

128

On 26 February 2021, the Competition Authority made public the decision No. 20-DCC-191 of 22 December 2020 on the basis of which it authorised, after a transition to phase II and subject to commitments, the acquisition of sole control by Bouygues Telecom of Euro Information Telecom (EIT), a (...)

Alain Ronzano Reform: The European Commission invites interested parties to respond to an online questionnaire on the revision of the Vertical Block Exemption Regulation and Guidelines

229

It will be recalled that on 23 October 2020, the Commission published an initial impact assessment under which it had unveiled the areas in which the Block Exemption Regulation and the Vertical Guidelines could be revised, as well as the policy options open to it in each of the areas thus (...)

Alain Ronzano Notification: Advocate General Tanchev calls on the Court of Justice of the European Union to hold that a national measure providing for the payment of compensation to farmers for the slaughter of sick animals on the basis of a previously adopted law constitutes new aid, which, however, after verification by the national court, may qualify for exemption from notification or even constitute de minimis aid (Azienda Sanitaria Provinciale di Catania)

238

On 17 December 2020, Advocate General Evgeni Tanchev presented his conclusions. in State aid Case C-128/19 (Azienda Sanitaria Provinciale di Catania v Assessorato della Salute della Regione Siciliana): reference for a preliminary ruling from the Italian Court of Cassation. The dispute in the (...)

Alain Ronzano Commitments: The French Competition Authority accepts and makes binding commitments to reduce the scope of a cooperation agreement in the food sector (Carrefour / Tesco)

144

After a first decision on central purchasing bodies since the adoption of the Egalim Act of 30 October 2018, handed down on 22 October 2020, concerning the cooperation agreement between Casino, Auchan, Metro and Schiever, the Competition Authority today, 17 December 2020, issued a second (...)

Alain Ronzano Priority question on constitutionality: The Paris Court of Appeal rejects a request for judicial review on the conformity of the second paragraph of Article L. 464-2, V, C. Com., which was already referred to the French Supreme Court in a similar case (Brenntag)

132

It will be remembered that on 26 October 2020, the Court of Cassation was seized of a priority constitutionality issue relating to the compliance of Article L. 464-2 of the French Commercial Code and, more specifically, the provisions of the second paragraph of V of the said article, which (...)

Alain Ronzano Clearance: The European Commission clears, subject to conditions, the acquisition of a US company manufacturing and distributing smartwatches and fitness bands (Google / Fitbit)

124

On 11 May 2021, the European Commission made public the decision it adopted on 17 December 2020 authorising, after a phase II review and subject to conditions, Google to acquire sole control of the US company Fitbit, which manufactures and distributes wearable technology devices (smartwatches (...)

Alain Ronzano Infringement: The General Court of the European Union confirms that the rules of the International Skating Union (ISU) providing for severe sanctions against athletes participating in speed skating events not recognised by it are contrary to the Union’s competition rules (International Skating Union)

520

On 16 December 2020, the Court of First Instance of the European Union handed down a judgment in Case T-93/18 (International Skating Union v. European Commission).. The International Skating Union (ISU) is the only international sports federation recognized by the International Olympic (...)

Alain Ronzano Commitments: The General Court of the European Union upholds the European Commission’s interpretation of the grandfathering of a US airline under the slot release commitments on the London-Philadelphia route (American Airlines)

606

On 16 December 2020, the Court of First Instance of the European Union delivered a judgment in Case T-430/18 (American Airlines v Commission).. By decision of 5 August 2013the Commission has cleared the proposed merger between US Airways Group and AMR Corporation, the parent company of (...)

Alain Ronzano Proportionality: The General Court of the European Union confirms the absence of interest of the European Union in pursuing the examination of a complaint by a competitor of a roof window manufacturer, since the extent of the investigations necessary would be disproportionate to the limited likelihood of finding a breach of Article 102 TFEU (Fakro)

322

On 16 December 2020, the Court of First Instance of the European Union delivered a judgment in Case T-515/18 (Fakro v Commission).. The applicant, Fakro sp. z o.o., is a Polish company which manufactures windows and roofing accessories. On 30 April 2007, the Commission opened an ex officio (...)

Alain Ronzano Market test: The French Competition Authority publishes a request for review of the commitments made in 2014 by the incumbent railway operator, which is ahead of growing competition in the market for the distribution of train tickets (SNCF)

245

On 17 December 2020, the Competition Authority made public a document from the SNCF for which the incumbent rail operator sets out the reasons why it is requesting to be relieved, in whole or in part, of four of the twelve commitments it has entered into in 2014 and which have been made binding (...)

Alain Ronzano Digital Services Act: The European Commission proposes to subject gatekeeper platforms to ex-ante obligations and prohibitions and to require them to notify the Commission of their acquisition plans

655

On 15 December 2020, the European Commission made public two proposals for regulations based on the legal basis of Article 114 TFEU: on the one hand, a legislation on digital services (Digital Services Act or DSA)which governs the obligations of digital services that act as intermediaries in (...)

Alain Ronzano Damages: The European Commission publishes a transitional report on the assessment of the 2014 Damages Directive and its transposition by Member States (Directive 2014/104/EU)

395

On 14 December 2020, the Commission made public a report on the implementation of the Directive on damages actions resulting from anti-competitive practices - the Damages Directive of 2014, pursuant to Article 20 of that Directive, which requires the Commission to review this Directive and (...)

Alain Ronzano Private investor: The Court of Justice of the European Union rejects the appeal of an Italian city, considering that the General Court of the European Union has correctly applied the criterion of private investor to the aid granted in the form of capital increases in a company in charge of ground handling at two airports (Comune di Milano / European Commission)

270

On 10 December 2020, the Court of Justice of the European Union delivered its judgment in Case C-160/19 (Comune di Milano v. European Commission).. In that case, which mainly raised the question of the application of the criterion of the private investor acting in a market economy, the Court (...)

Alain Ronzano Commitments: The General Court of Justice of the European Union considers that the Court of First Instance of the European Union failed to take proper account of the interests of third parties and infringed the principle of proportionality in a case concerning cross-border access to pay-TV (Canal+)

401

On 9 December 2020, the Court of Justice of the European Union handed down its judgment in case C-132/19 (Canal+ Group v. Commission).. It will be remembered that on 12 December 2018, the Court of First Instance of the European Union delivered a judgment in case T-873/16 (Canal+ Group v. (...)

Alain Ronzano Dawn raids: The Criminal Chamber of the French Supreme Court refuses to refer to the Constitutional Council a new priority constitutionality issue on the conformity of article L. 450-4 of the Commercial Code with the Constitution (Chantiers modernes Sud-Ouest)

126

By judgment No 3101 of 9 December 2020 (20-83.001)In the case of a dispute between Chantiers Modernes Sud-Ouest and the Regional Directorate of Competition, Consumer Affairs and Fraud Control of New Aquitaine concerning the conformity of article L. 450-4 of the Commercial Code with the (...)

Alain Ronzano COVID-19: The French Competition Authority rejects for lack of evidence the referral of travel agencies denouncing the concerted non-reimbursement of flights cancelled by 90 airlines (Cediv Travel)

144

On 8 December 2020, the Competition Authority issued a decision no. 20-D-21 in favour of which it rejects, on the basis of the second paragraph of Article L. 462-8 of the Commercial Code, the referral to the merits of the cooperative company CEDIV TRAVEL and 55 of its members, travel agencies (...)

Alain Ronzano Sole control: The French Competition Authority publishes a decision clearing the takeover of 511 shops in the commercial property sector (Camaïeu / Financière Immobilière Bordelaise)

99

In the last few days, the Competition Authority has put 12 new merger clearance decisions online, including 10 simplified decisions. Among these decisions is decision No. 20-DCC-172 of 8 December 2020 in favour of which the French Competition Authority has given its unconditional green light (...)

Alain Ronzano Fines: The Paris Court of Appeal refuses to apply the Manpower case law in a case of horizontal practices revealed by leniency applications, and upholds the fines imposed by the French Competition Authority (Brenntag)

985

In an important and well-founded judgment delivered on 3 December 2020 ( ), the Court of First Instance of the European Communities In the section of the chemical commodities case concerning horizontal practices revealed by leniency applications, Chamber 5-7 of the Paris Court of Appeal, ruling (...)

Alain Ronzano Fixed prices: The French Competition Authority sanctions a tea producer for imposing on its distributors the selling prices of its teas sold online, but dismisses the grievance sanctioning the prohibition of the resale of contractual products on third-party internet platforms (Dammann Frères)

528

On 3 December 2020, the Competition Authority issued a decision No. 20-D-20 under the terms of which it sanctions the company Dammann Frères for having implemented, from April 2015 to June 2017 (pt. 276), practices intended to limit the pricing freedom of its distributors, by directly or (...)

Alain Ronzano Reform: The French government publishes the law n° 2020-1508 bearing various provisions of adaptation to the European Union law in economic and financial matters (DDADUE)

414

The law n° 2020-1508 of 3 December 2020 laying down various provisions for adapting to European Union law on economic and financial matters was published in the Official Journal on 4 December 2020. The provisions of the Act on competition are set out in Article 37. Apart from the provisions (...)

Alain Ronzano Existing aid: Advocate General Kokott, considering that the European Commission has sufficiently demonstrated the existence of an aid scheme in relation to the Belgian authorities’ practice of negative profit adjustment for companies belonging to a multinational group, calls on the Court of Justice of the European Union to annul the judgment of the General Court of the European Union and refer the case back to it (Magnetrol International)

227

On December 3, 2020, General Counsel Juliane Kokott presented her conclusions. in Case C-337/19 (European Commission v Kingdom of Belgium and Magnetrol International). It calls on the Court of Justice of the European Union to uphold the Commission’s appeal and, consequently, to annul (...)

Alain Ronzano Notion of undertaking: The Court of Justice of the European Union upholds the European Commission’s appeal and consequently annuls the judgment of the Court of First Instance of the European Union in one of the aspects of the heat stabiliser cartel case, pointing out that joint and several liability for payment of a fine is only one manifestation of the notion of undertaking (GEA)

476

On 25 November 2020, the Court of Justice of the European Union delivered a judgment in Case C-823/18 (Commission v. GEA Group AG) . It welcomes the appeal brought by the European Commission against thejudgment delivered on 18 October 2018. by the Court of First Instance of the European Union (...)

Alain Ronzano Abuse of dominant position: The Court of Justice of the European Union extends to festivals its permissive case-law allowing collecting societies to impose a scale of royalties calculated on the basis of gross receipts from the sale of admission tickets to discotheques and on the receipts from television broadcasts intended for the general public (SABAM)

537

On 25 November 2020, the Court of Justice of the Union delivered a judgment in case C-372/19 (SABAM).which follows the reference for a preliminary ruling from the Tribunal de l’entreprise d’Anvers (Antwerp Works Tribunal) concerning the remuneration charged to music festivals by a Belgian (...)

Alain Ronzano Bid rigging: The French Competition Authority rules out the application of competition rules to concerted responses to calls for tenders made by companies in the same group (Ovimpex group / Dhumeaux / Mondial Viande Service / Vianov)

729

On 25 November 2020, the Competition Authority issued a decision to dismiss the case under No 20-D-19. about practices implemented in connection with calls for tenders launched by France AgriMer for the supply of food products to associations responsible for their distribution to the most (...)

Alain Ronzano Rights of defense: The Criminal Chamber of the French Supreme Court recalls that the exemption from seizure of lawyer-client correspondence presupposes that the document is related to the exercise of the rights of defence of the company visited, prohibiting any systematic withdrawal of such correspondence (Au vieux campeur)

325

By judgment of 25 November 2020 With regard to the carrying out of visits and seizures, the Criminal Chamber of the Court of Cassation confirmed the principle, which was recently reiterated in another ruling of the same formation dated 4 March 2020, according to which, if lawyer-client (...)

Alain Ronzano Competence: The Court of Justice of the European Union rules that an action for damages based on a legal obligation to refrain from abusing a dominant position is a matter relating to tort within the meaning of the Brussels I bis Regulation (Wikingerhof / Booking)

644

On 24 November 2020, the Court of Justice of the European Union, meeting in Grand Chamber, gave judgment in Case C-59/19 (Wikingerhof GmbH & Co. KG v Booking.com BV) judgment in Case C-59/19 (Wikingerhof GmbH & Co. KG v Booking.com BV)The Court of Justice of the European Communities has (...)

Alain Ronzano Effet utile: The Court of Justice of the European Union considers that the national court is obliged to order the beneficiary of aid to pay interest for the period during which the aid was unlawful, even if it has subsequently been declared compatible with the internal market (Viasat Broadcasting UK / TV2/Danmark)

547

On 24 November 2020, the Court of Justice of the European Union delivered a judgment in Case C-445/19 (Viasat Broadcasting UK Ltd v. TV2/Danmark A/S) following a reference for a preliminary ruling by the Court of Appeal of the Eastern Region of Denmark on the financing of public service (...)

Alain Ronzano European Competition Network: The European Court of Auditors calls on the European Commission to increase the detection of infringements of competition rules, to make enforcement more effective and to strengthen cooperation within the ECN

160

On 19 November 2020, the European Court of Auditors made public a special reportentitled "EU Merger Control and Commission Antitrust Procedures: Market Surveillance Needs to be Reinforced", which cannot be overly recommendable as it offers a cold look at the activity of DG Competition from an (...)

Alain Ronzano Reform: The French National Assembly adopts, at the end of a final reading, the bill containing various provisions for adaptation to European Union law in economic and financial matters (DDADUE)

181

On 18 November 2020, the National Assembly adopted by 159 votes to 14, at the end of the final reading of the text, the draft law on various provisions for adapting to European Union law in the economic and financial field (DDADUE). The National Assembly therefore had the last word, by not (...)

Alain Ronzano Essential facility: The General Court of the European Union confirms the decision of the European Commission finding an abuse of a dominant position by the Lithuanian incumbent railway operator, but reduces the fine imposed (Lietuvos geležinkeliai)

503

On 18 November 2020, the Court of First Instance of the European Union delivered a judgment in Case T-814/17 (Lietuvos geležinkeliai v Commission).. The case follows the action for annulment of the decision of 2 October 2017.The Commission imposed a fine of EUR 27 873 000 on Lietuvos (...)

Alain Ronzano Competence: The French Competition Authority refuses to know about practices implemented in French Polynesia by opposing its territorial competence and especially its attribution competence, even after the admission of the request for legitimate suspicion against the Polynesian Competition Authority (Wane)

140

We remember that, in the saga of excessive tariffs on the market for the supply of beverages to shops organized under brand names in French Polynesia, the first president of the Paris Court of Appeal, taking note of theruling of 4 June 2020 to which the Second Civil Chamber of the Court of (...)

Alain Ronzano Structural injunction: The French Competition Authority asks the legislator to generalise, as far as possible, the structural injunction and to endow it with the power to examine ex officio merger operations below the thresholds, likely to present risks for competition (Market concentration in Corsica)

363

On 17 November 2020, the Competition Authority issued, following a referral from the Minister of the Economy, its opinion no. 20-A-11 on the level of market concentration in Corsica and its impact on local competition, which is intended to enlighten the public authorities on various competition (...)

Alain Ronzano Sole control: The French Competition Authority authorises a German hard discount chain to buy 556 stores subject to the sale of 9 stores (Aldi / Leader Price, Casino)

142

In recent days, the Competition Authority has posted 28 new merger clearance decisions online, including 27 simplified decisions. Among these decisions is decision No. 20-DCC-164 of 17 November 2020 on the basis of which the Competition Authority has authorised the German discount retailer (...)

Alain Ronzano Healthcare: The French Competition Authority approves a draft decree aimed at extending the existing collection and treatment chain to certain self-treatment medical devices used by diabetics or for the screening of transmissible infectious diseases

133

On 17 November 2020, the Competition Authority made public an opinion No 20-A-10 of 13 November 2020 delivered at the request of the Director General for Solidarity and Health, via the Minister for the Economy, concerning a draft decree in the Council of State relating to the management of (...)

Alain Ronzano Healthcare: The French Competition Authority sanctions the National Council of the Order of Dental Surgeons, in a double reiteration situation, as well as five departmental councils and two trade unions for a boycott of several dental care networks set up by the complementary health insurance organisations (CNOCD, CDOCD, FSDL)

323

On 12 November 2020, the Competition Authority issued a decision No. 20-D-17 for which it first sanctions the National Council of the Order of Dental Surgeons (CNOCD), five departmental councils - Isère, Bouches-du-Rhône, Dordogne, Haut-Rhin and Bas-Rhin - and the Federation of Liberal Dental (...)

Alain Ronzano Abuse of dominant position: The European Commission indicated that an e-commerce platform systematically used non-public commercial data from independent sellers in its marketplace to promote the sale of its own products (Amazon)

336

On 10 November 2020, the European Commission indicated that it had sent a Statement of Objections to Amazon, alleging that Amazon had systematically used non-public commercial data from independent sellers using its market place to promote the sale of its own products to consumers in (...)

Alain Ronzano Reform: The French National Assembly adopts in a new reading the bill on various provisions for adapting to European Union law on economic and financial matters (DDADUE)

145

On November 6, 2020, the National Assembly adopted in a public session, during a new reading after the failure of the Joint Joint Committee, the draft law laying down various provisions for adapting to European Union law on economic and financial matters (DDADUE). Only seven amendments were (...)

Alain Ronzano Effective remedy: The European Court of Human Rights considers that a French trade union did not have an effective remedy against the decisions of the deputy rapporteur-general of the Competition Authority to refuse or waive business confidentiality for certain documents (FILMM)

196

On 5 November 2020, the European Court of Human Rights handed down a decision. in favour of which it takes note of the declaration by the French Government acknowledging that the Syndicat des fabricants de laines minérales manufacturées (FILMM) has not had an effective remedy against the (...)

Alain Ronzano Dawn raids: The Paris Court of Appeal admits that a potential victim of anti-competitive practices is admissible to intervene voluntarily as a main witness at the stage of the procedure for contesting operations of dawn raids in competition law related infractions (Notariat Services)

215

On November 4, 2020, the Paris Court of Appeal issued a decision that is of interest beyond that of the parties involved. By this orderthe Court has, as it were, closed the judicial part of the investigation phase of an ongoing case concerning anti-competitive practices that the Competition (...)

Alain Ronzano State resources: Advocate General Tanchev calls on the Court of Justice of the European Union to dismiss the appeal brought by the Commission against the judgment of the Court of First Instance dismissing the categorisation of Italian State measures in the banking sector as State aid (Italian Republic, Banca d’Italia, a.o.)

176

On 29 October 2020, Advocate General Evgeni Tanchev presented his conclusions. in Case C-425/19 (Commission of the European Communities v Italian Republic and Others) Taking the view, in turn, that the support granted by a consortium of Italian banks to one of its members did not involve the (...)

Alain Ronzano Competence: The Paris Court of Appeal overturns an interim measures decision by the New Caledonian Competition Authority, finding that it has no jurisdiction to hear practices relating to the operation of telecommunications networks and services because this market is subject to a legal monopoly (New Caledonian Post and Telecommunications Office / Société Calédonienne de Connectivité Internationale)

149

We remember that thanks to a decision no. 2020-MC-01 of July 2, 2020The New Caledonian Competition Authority had adopted its first decision on protective measures against the Office des Postes et Télécommunications de la Nouvelle-Calédonie (OPT-NC). Strictly interpreting the exclusive rights (...)

Alain Ronzano Exclusive distribution: The French Competition Authority issues its seventh sanction decision concerning exclusive import practices from overseas (Centre Vinicole Champagne Nicolas Feuillatte, Financière Martin, Distillerie Dillon)

184

Following a report transmitted by the DGCCRF, the Competition Authority issued, under the terms of a decision No. 20-D-16 of 29 October 2020The Commission has decided to impose penalties totalling €642 800 on the Champagne Nicolas Feuillatte wine centre and on the importers Financière Martin and (...)

Alain Ronzano Fines: The Court of Justice of the European Union states that there is neither ’priority’ in the imposition of a fine, nor the benefit of order or discussion in the solidarity mechanism for the payment of the fine (Pirelli)

332

On 28 October 2020, the Court of Justice of the European Union was again called upon to rule on one of the aspects of the proceedings relating to the electricity cable cartel, which had led the Commission, in a decision of 2 April 2014, to take a decision on the Commission’s decision on this (...)

Alain Ronzano De minimis amount: The Court of Justice of the European Union clarifies the rules applicable to companies exceeding the de minimis ceiling of EUR 200 000 over three years because of cumulation with aid obtained previously (INAIL / Zennaro)

312

On 28 October 2020, the Court of Justice of the European Union delivered a judgment in Case C-608/19 (INAIL) which follows a reference for a preliminary ruling from the Italian Council of State on the interpretation of Articles 3 and 6 of Commission Regulation No 1407/2013 of 18 December 2013 (...)

Alain Ronzano Environment: The French Competition Authority gives a reserved opinion on the draft decree introducing a tariff cap mechanism for access to non-hazardous waste storage facilities

117

On 29 October 2020, the Competition Authority made public an opinion n° 20-A-09 of 28 October 2020under the terms of which it issues a reserved opinion on the draft decree establishing a mechanism for capping the tariffs for access to non-hazardous waste storage facilities (ISDND), as instituted (...)

Alain Ronzano Admissibility: Advocate General Szpunar, in finding that the applicant is not individually concerned, calls on the Court of Justice of the European Union to confirm the inadmissibility of the action brought by the German national airline against the decision concerning measures in favour of Frankfurt-Hahn airport and another airline (Lufthansa)

248

On 27 October 2020, Advocate General Maciej Szpunar presented his conclusions. in Case C-453/19 (Deutsche Lufthansa AG v European Commission). In that case, the appellant claims that the Court of Justice of the European Union should dismiss the fourth to sixth limbs of the first plea in law, (...)

Alain Ronzano Interim measures: The French Competition Authority rejects for lack of evidence the referral and the interim measures requested by a travel agency denouncing various predatory practices allegedly implemented by a French airline (Travel Planet / Air France)

233

On 27 October 2020, the Competition Authority issued a decision No. 20-D-15 pursuant to which it rejects as insufficiently substantiated the referral of the company Travel Planet France, a travel agency specialising in business travel and approved by IATA, which criticised the implementation by (...)

Alain Ronzano Market test: The French Competition Authority rejects the proposed commitments aimed at making the formal licensing of the manufacture and marketing of gamepad compatible controllers more transparent and non-discriminatory, and refers the case back for further investigation (Sony)

203

By a somewhat laconic press release dated October 26, 2020the Competition Authority announced that the College had decided not to accept and therefore not to make binding the commitments proposed by Sony a year ago, the same commitments which were aimed at making the formal licensing of the (...)

Alain Ronzano Online advertising: The French Competition Authority decides, in a case of abuse of dominant position practices, to end the investigation on the merits by rejecting the referral on the grounds that the facts denounced had already been qualified and sanctioned in another decision (Amadeus / Google)

193

On 28 October 2020, the Competition Authority made public a decision No. 20-D-14 of 26 October 2020 by which it decided to terminate the investigation into the merits of the referral made in 2018 by Amadeus, in which it had denounced practices implemented by Google on the market for (...)

Alain Ronzano Priority question on constitutionality: The French Supreme Court is seized of a priority preliminary ruling on constitutionality concerning the conformity of Article L. 464-2, V, 2nd paragraph of the French Commercial Code (Akka)

151

The Court of Cassation has just been seized of a new priority constitutionality question on the compliance of Article L. 464-2 of the French Commercial Code. This QPC relates more specifically to the provisions of the V, 2nd paragraph, of the said article, which allow the Competition (...)

Alain Ronzano Competition policy: The European Commission discloses its main avenues for the revision of the Vertical Block Exemption Regulation and its guidelines, as well as the policy options open to it

397

In view of the expiry of the Block Exemption Regulation applicable to vertical agreements, which will expire on 31 May 2022, and the accompanying Guidelines on Vertical Restraints, the Commission launched in October 2018 a review of the Block Exemption Regulation in order to decide whether it (...)

Alain Ronzano Cartels: The Court of Justice of the European Union considers that, where the General Court of the European Union finds that the European Commission has established that an undertaking has participated in anti-competitive agreements, it is not obliged to grant a request for the hearing of a witness (Silver Plastics, Johannes Reifenhäuser)

278

On 22 October 2020, the Court of Justice of the European Union delivered a judgment in case C-702/19 on an appeal brought by Silver Plastics GmbH & Co. KG and Johannes Reifenhäuser Holding GmbH & Co. KG pursuant to which the appellants seek the annulment ofjudgment of the Court of First (...)

Alain Ronzano Cooperation agreement: The French Competition Authority, in its first decision on the control of purchasing groups after the Egalim law, accepts and makes binding commitments - modified at the margin - to reduce the scope of a cooperation agreement (Casino, Auchan, Metro, Schiever)

249

On 22 October 2020, the Competition Authority issued its first decision on central purchasing bodies since the adoption of the Egalim Act of 30 October 2018, enabling it to monitor central purchasing bodies’ mergers. Under the terms of this decision No. 20-D-13the Authority makes the (...)

Alain Ronzano Killer acquisitions: The Joint Committee fails on Article 4bis of the text which inserted a mechanism of ex ante control of killer acquisitions of structuring companies (DDADUE)

227

After the National Assembly’s adoption on first reading during the public session of Wednesday 7 October 2020 of the bill on various provisions for adapting to European Union law in economic and financial matters - no amendment having been tabled on the provisions of the text concerning (...)

Alain Ronzano Environment: The Court of Justice of the European Union, in ruling out, subject to verification, any transfer of State resources, considers that the French system of recycling and treatment of waste from textile products, household linen and shoes should not, in principle, be regarded as State aid (Eco TLC)

278

On 21 October 2020, the Court of Justice of the European Union delivered a judgment in Case C-556/19 (Société Eco TLC v Minister for Ecological and Solidarity Transition) following a reference for a preliminary ruling from the French Conseil d’État. At the heart of the present case is the (...)

Alain Ronzano Taxes: Advocate General Kokott, considering that the State aid rules do not preclude taxation based on the turnover of undertakings according to a progressive scale, calls on the Court of Justice of the European Union to dismiss the European Commission’s appeals and confirm the judgments of the General Court of the European Union concerning the Polish tax in the retail sector and the Hungarian tax on advertising (Commission / Poland ; Commission / Hungary)

193

On 15 October 2020, Advocate General Juliane Kokott presented two sets of conclusions in essentially similar terms in two state aid cases concerning the introduction in Poland and Hungary respectively of two progressive taxes based not on profits but on turnover. These are the conclusions (...)

Alain Ronzano Taxes: Advocate General Pitruzzella, recalling the rules of evidence to which the European Commission is subject when examining an aid scheme, calls on the Court of Justice of the European Union to censure the judgment of the General Court of the European Union which annulled the European Commission’s decision classifying as State aid the derogating tax regime of four Spanish professional football clubs (Fútbol Club Barcelona)

150

On 15 October 2020, Advocate General Giovanni Pitruzzella presented his conclusions. in Case C-362/19 (Fútbol Club Barcelona v Commission) concerning the few professional football clubs in Spain which are exempt from conversion into sports limited companies Article 19(1) of Law 10/1990 on Sport (...)

Alain Ronzano Compatible aid: The General Court of the European Union confirms that the compensation granted by the Czech Republic to the incumbent operator for the performance of its postal activities in the context of a universal service obligation did indeed constitute State aid compatible with the internal market (První novinová společnost)

177

On 15 October 2020, the Court of First Instance of the European Union delivered a judgment in Case T-316/18 (První novinová společnost a.s. v. European Commission).. It dismisses the action brought by a postal operator competing with the Czech incumbent operator pošta against the Česká Commission (...)

Alain Ronzano Fines: The Paris Court of Appeal annuls a decision of the French Competition Authority in a case of anti-competitive price fixing in the sector of public procurement for the construction of public works in France, but imposes a fine of the same amount after verification of the contributive capacities (Ordre des architectes)

239

On 15 October 2020, Chamber 5-7 of the Paris Court of Appeal delivered its judgment. in the matter of the scale of prices established by the Order of Architects for the construction of public works in France. It essentially confirms the decision no. 19-D-19 of 30 September 2019.1.5 million (...)

Alain Ronzano Civil fault: The French Supreme Court confirms the existence of a civil fault consisting for the dominant operator in not having separated its masses of stakes in hard and online stakes (PMU)

389

By means of a judgment of 14 October 2020the Commercial Chamber of the Court of Cassation has dismissed the appeal brought by GIE PMU againstjudgment delivered on 12 September 2018. by the Paris Court of Appeal (Pole 5, Chamber 4), in the dispute between it and Betclic, confirming the existence (...)

Alain Ronzano Sole control: The French Competition Authority clears acquisition of sole control of a network of company and community crèches by a UK investment fund (Babilou / Antin Infrastructure Partners)

147

Review of simplified decision no. 20-DCC-134 of 12 October 2020 by which the Competition Authority authorised the investment fund Antin Infrastructure Partners to acquire sole control of the Babilou group, which is active in the sector of collective childcare services in crèche establishments (...)

Alain Ronzano Fines: Advocate General Hogan suggests that the Court of Justice of the European Union should set aside a judgment of the General Court relating to a cartel in the steel shot sector on the ground that it infringed the principle of equal treatment in the calculation of the fine (Pometon)

239

On 8 October 2020, Advocate General Gerard Hogan presented his conclusions. in Case C-440/19 (Pometon SpA v European Commission). It will be recalled that in this case, the Court of First Instance of the European Union had, by means of a judgment delivered on 28 March 2019 in Case T-433/16 (...)

Alain Ronzano Foreclosure: The Paris Court of Appeal considers that the conditions of an anticompetitive infringement are not met in a case involving the acquisition of rights to original French-language cinematographic works known as "de catalogue" (Canal+ / TF1)

247

On October 8, 2020, Chamber 5-7 of the Paris Court of Appeal issued a further ruling This time in the case of the acquisition of rights relating to original French-language cinematographic works known as "de catalogue". It rejects the appeal against the decision no. 19-D-10 of 27 May (...)

Alain Ronzano Market test: The French Competition Authority is inviting for consultation on commitments to mitigate the effects of a cooperative purchasing agreement on suppliers of certain private label products (Carrefour, Tesco)

133

On October 8, 2020, the Competition Authority launched a market test Ending 9 November 2020 on a proposed commitment proposal formulated in the context of the investigation of an ex-officio referral dated September 2019 concerning the examination of the merits of the granting of protective (...)

Alain Ronzano Inspection: The General Court of the European Union partially annuls decisions ordering inspections on the basis of suspicions of exchange of information, after a very dense judgment in which it endeavors to control the content of the evidence justifying an inspection (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)

489

On 5 October 2020, the Court of First Instance of the European Union delivered three judgments in substantially identical terms in which it upheld the Commission’s power of inspection. However, under the terms of the judgments in Cases T-249/17 (Casino, Guichard-Perrachon and Achats (...)

Alain Ronzano Existing aid: The General Court of the European Union considers that the European Commission has not demonstrated to the requisite legal standard the existence of a selective advantage which the Institut Français du Pétrole would have enjoyed as a result of its conversion into a public industrial and commercial establishment (IFPEN)

282

On 5 October 2020, the Court of First Instance of the European Union delivered a judgment on a reference for a preliminary ruling after cassation in Joined Cases T-479/11 RENV and T-157/12 RENV.. In this case, which is entirely centred on the question of the unlimited guarantee enjoyed, by (...)

Alain Ronzano Competence: The French Court of Jurisdictional Conflict confirms the jurisdiction of the Paris Court of Appeal to rule on the publicity of provisional measures taken by the Competition Authority (Google)

380

By means of a judgment of 5 October 2020the Dispute Tribunal confirmed the jurisdiction of the court to hear the dispute between Google and the Competition Authority following the provisional measures ordered in the context of Decision 19-MC-01 (Amadeus). In substance, after having obtained (...)

Alain Ronzano Prohibition: The General Court of the European Union confirms, by specifying what are ’undertakings concerned’ within the meaning of the Merger Regulation, the decision of the European Commission prohibiting an acquisition by two German companies active in the field of building materials (Cemex Croatia / HeidelbergCement, Schwenk)

739

On 5 October 2020, the Court of First Instance of the European Union delivered a judgment in Case T-380/17 (HeidelbergCement and Schwenk Zement v Commission).. The Court of First Instance dismissed the action brought by HeidelbergCement AG and Schwenk, two German companies active in the field (...)

Alain Ronzano Killer acquisitions: The Economic Affairs Committee of the French National Assembly abolishes the ex ante control mechanism for killer acquisitions of structuring companies and makes the new simplified procedure before the Authority more complex (DDADUE)

456

On 30 September 2020, the Committee on Economic Affairs of the National Assembly, seized of the matter, examined in committee the bill containing various provisions for adapting to European Union law in the economic and financial field as adopted on 9 July 2020 by the Senate in first reading. (...)

Alain Ronzano Competition policy: The European Commission publishes a report seeking to measure the phenomenon of ordinary shareholding in Europe and its implications for competition

165

On 29 September 2020, DG Competition published on the Commission’s website a report entitled "Common Shareholding in Europe".commissioned by the Commission’s Joint Research Centre (JRC). The authors of the study seek to measure the phenomenon of ordinary shareholding in Europe and its (...)

Alain Ronzano Dawn raids: The Court of Justice of the European Union confirms the power of the European Commission to make mass copies of digital documents and to continue the inspection of such documents on its premises, subject to respect for the interests and rights of the visited undertaking (Prysmian)

418

On 24 September 2020, the Court of Justice of the European Union was again called upon to rule on one of the aspects of the proceedings relating to the electricity cable cartel, which had led the Commission, in a decision of 2 April 2014The Court of First Instance of the European Communities (...)

Alain Ronzano Compatible aid: The Court of Justice of the European Union clarifies the qualification of SME within the meaning of the Block Exemption Regulation n° 651/2014, particularly with regard to the independence criterion (NMI Technologietransfer / EuroNorm)

209

On 24 September 2020, the Court of Justice of the European Union delivered a judgment in Case C-516/19 (NMI Technologietransfer GmbH v EuroNorm GmbH).which follows a reference for a preliminary ruling from the Berlin Administrative Court on the definition of small and medium-sized enterprises (...)

Alain Ronzano Recovery: The General Court of the European Union concludes, in the case of the Spanish tax leasing scheme, that there is a selective advantage resulting from the discretionary power of the tax authorities to grant the aid and confirms the obligation of recovery from the identified beneficiaries (Lico Leasing, Pequeños y Medianos Astilleros Sociedad de Reconversión)

214

On 23 September 2020, the General Court of the European Union once again ruled in the case of the Spanish tax leasing scheme. The contested measures concern the Spanish tax leasing scheme (RELF), which is designed to enable shipping companies to acquire ships built by Spanish shipyards at (...)

Alain Ronzano Nuclear energy: The Court of Justice of the European Union rules that the construction of a nuclear power plant falls within the scope of state aid control and that it must comply with EU environmental rules to be declared compatible with the internal market (Hinkley Point C)

465

On 22 September 2020, the Court of Justice of the European Union delivered its judgment in Case C-594/18 (Austria v Commission).. As called for by Advocate General Gerard Hogan in his Opinion delivered on 7 May 2020the Court dismisses the appeal brought by Austria. This case concerns the UK (...)

Alain Ronzano Public procurement: The French DGCCRF ends a cartel between two public works companies in the road and signalling sector on the Island of Saint Martin (Utek TP, Rugoway)

114

The DGCCRF has just made public a local PAC decision concerning an agreement between two public works companies in the road and signage sector on the Island of Saint Martin.. A DGCCRF survey carried out in 2018 established that two companies specialising in road construction work submitted (...)

Alain Ronzano Sole control: The French Competition Authority clears an acquisition in the local authority and trade finance markets (Société de financement local / Caisse des dépôts et consignations)

180

The decision no. 20-DCC-126 of 18 September 2020 under the terms of which the French Competition Authority authorized the Caisse des dépôts et consignations (CDC) to take exclusive control of Société de financement local (SFIL), a public development bank created following the liquidation of Dexia, (...)

Alain Ronzano Advantage: The Court of Justice of the European Union considers, with regard to the measures in favour of fishermen in Western France, that the condition of the existence of an advantage conferred on an undertaking was lacking and that the European Commission could not classify as State aid the measure of reduction of wage costs, passed on to employees (Compagnie des pêches de Saint-Malo)

365

On 17 September 2020, the Court of Justice of the European Union delivered its judgment in Case C-212/19 (Minister for Agriculture and Food v. Compagnie des pêches de Saint-Malo) on the reference for a preliminary ruling from the French Conseil d’État on the interpretation of the Commission (...)

Alain Ronzano Price coordination: The French Competition Authority sanctions three professional organisations of Alsace wines for a cartel on the price of grapes and for the elaboration and diffusion of price recommendations on bulk wine (AVA, GPNVA, CIVA)

701

On 17 September 2020, the Competition Authority issued a decision no. 20-D-12 by which it sanctions two trade unions, one of winegrowers, the Association des Viticulteurs d’Alsace (AVA) and the other of merchant-producers, the Groupement des Producteurs-Négociants du Vignoble Alsacien (GPNVA), as (...)

Alain Ronzano Competence: The Court of Justice of the European Union rules that the Spanish National Commission for Markets and Competition does not have the status of a ’court’ and therefore cannot submit a request for a preliminary ruling (Anesco)

363

On 16 September 2020, the Court of Justice of the European Union ruled again on the question of the status of "court or tribunal" within the meaning of Article 267 TFEU of an entity which has submitted a reference for a preliminary ruling to the Court of Justice of the European Union. Case (...)

Alain Ronzano Public transport: The French Competition Authority makes several recommendations with a view to opening up to competition a bus network of medium and long-distance lines in the Ile-de-France region (Ile-de-France Mobilités)

281

On 16 September 2020, the Competition Authority issued an opinion No 20-A-08 at the request of Ile-de-France Mobilités, which is the organising authority for transport in the Ile-de-France region, concerning the opening up to competition, from 1 January 2021, of the public passenger transport (...)

Alain Ronzano Abuse of dominant position: The French Supreme Court confirms in all respects the conclusions of the Court of Appeal concerning practices implemented by an infrastructure operator in the digital and audiovisual sector to prevent the installation of competing towers (TDF)

451

On 16 September 2020, the Commercial Chamber of the Court of Cassation handed down its ruling in the case of practices implemented by TDF to prevent the installation of competing pylons. It rejects all the pleas raised in the main appeal brought by TDF, but also the sole plea in the (...)

Alain Ronzano Abuse of dominant position: The French Supreme Court once again censors the Paris Court of Appeal in the case of access to the fixed telephony market for second homes (Orange / SFR)

462

In a judgment delivered on 16 September 2020In a decision handed down on June 8, 2018, the Commercial Chamber of the Court of Cassation once again censured the Paris Court of Appeal in the case of access to the fixed telephony market for secondary residences, following a so-called "stand alone" (...)

Alain Ronzano Illegal aid: The French Supreme Court, pointing out that the mechanism obliging the dominant electricity producer to buy back electricity of photovoltaic origin at a price higher than the market price constitutes illegal State aid, confirms that the photovoltaic electricity producers who were unable to benefit from the said tariff were not entitled to claim damages (EDF)

263

In three rulings handed down on 16 September 2020, following six rulings to the same effect already adopted on 18 September 2019, the Commercial Chamber of the Court of Cassation confirmed that the scheme obliging EDF to buy back photovoltaic electricity at a price above the market price, (...)

Alain Ronzano Passive sales: The Paris Court of Appeal sanctions the head of a network for requiring an exclusive distributor to prohibit marketing via an internet site and, in doing so, prohibits passive sales (Pierre Cardin)

501

On the basis of a judgment delivered on 15 September 2020In a judgment dated February 23, 2018, the Paris Court of Appeals, Chamber 5-1 of the Paris Court of Appeals essentially confirmed the findings of the Paris Court of First Instance in a judgment dated February 23, 2018, in particular (...)

Alain Ronzano Electronic communications: The French Competition Authority takes a stand as part of the cycle of analysis of the wholesale broadband and fixed very high speed broadband markets, and advocates the implementation of objective and precise rules concerning the closure of a copper network (Orange)

611

On 15 September 2020, the Competition Authority issued an opinion No 20-a-07 in favour of which, at the request of the Arcep, it is giving its opinion on four draft decisions adopted under the procedure for analysing the wholesale fixed broadband and very high-speed broadband markets (market (...)

Alain Ronzano Reform: The European Commission examins the issue of the control of acquisitions of innovative companies with high value but which do not cross the European control thresholds due to low turnover

278

After having long denied the problem of acquisitions of innovative companies with high value but low turnover, therefore below the merger control thresholds - numerous in the digital and pharmaceutical sectors - and then minimised it to the point of giving up on changing the rules of the game, (...)

Alain Ronzano Prescription: Advocate General Pitruzzella takes the view that, in the case of coordination when submitting a tender offer for the execution of works, the end of the infringement and thus the beginning of the limitation period is, in principle, the date on which the collusive bid is submitted or, if the bidder wins the contract at the time of its conclusion (Kilpailu- ja kuluttajavirasto)

308

On 10 September 2010, Advocate General Giovanni Pitruzzella delivered his Opinion. in Case C-450/19 (Kilpailu- ja kuluttajavirasto): Reference for a preliminary ruling from the Finnish Supreme Administrative Court Advocate General Pitruzzella sets out the issue at stake in this reference for a (...)

Alain Ronzano Compatibility of the aid : The General Court of the European Union holds that the European Commission failed to verify that a beneficiary undertaking was indeed an SME within the meaning of the Block Exemption Regulation No 651/2014 and that it should have had doubts in that regard which gave rise to serious difficulties concerning the compatibility of the aid in question with the internal market, obliging it to open the formal investigation procedure (Kerkosand)

294

On 9 September 2020, the Court of First Instance of the European Union delivered a judgment in Case T-745/17 (Kerkosand v. European Commission). It annuls the decision of 20 July 2017. according to which the Commission considered in substance that the EUR 5 million investment aid granted by (...)

Alain Ronzano Collective dominant position: The French Competition Authority sanctions pharmaceutical companies for abusing their collective dominant position in the French market for the treatment of age-related macular degeneration with a fine of 444 million euros (Novartis, Roche and Genentech)

664

By Decision No. 20-D-11 of 9 September 2020The French Competition Authority has imposed a fine of 444 million euros on the Novartis group and the Roche/Genentech group (385 million for Novartis alone) for abusing their collective dominant position on the French market for the treatment of (...)

Alain Ronzano Access to facilities: Advocate General Saugmandsgaard Øe calls on the Court of Justice of the European Union to confine the Bronner judgment to the refusal of access to an opposing facility by an undertaking in a dominant position and to reject the concept of ’implied refusal of access’ (Slovak Telekom) (Deutsche Telekom)

455

On 9 September 2020, Advocate General Henrik Saugmandsgaard Øe delivered his Opinion. in Cases C-152/19 (Deutsche Telekom AG v European Commission) and C-165/19 (Slovak Telekom a.s. v European Commission). As the incumbent and leading telecoms operator in Slovakia, a subsidiary of Deutsche (...)

Alain Ronzano Dawn raids: The Criminal Chamber of the French Supreme Court confirms the refusal of the First President of the Paris Court of Appeal to conceal the public version of the order declaring the cancellation of certain seizures of correspondence protected by the legal privilege (Whirpool)

308

On September 9, 2020, the Criminal Chamber of the Court of Cassation issued a decision. pursuant to which it dismissed the appeal brought by Whirlpool France against the order of the First President of the Paris Court of Appeal, dated 23 May 2018, which had dismissed its motion for concealment (...)

Alain Ronzano Vertical agreements: The European Commission publishes a working document summarising the conclusions of the evaluation of the Vertical Block Exemption Regulation and its guidelines

592

In view of the expiry of the Block Exemption Regulation applicable to vertical agreements, which will expire on 31 May 2022, and the accompanying Guidelines on Vertical Restraints, the Commission launched in October 2018 a review of the Block Exemption Regulation in order to decide whether it (...)

Alain Ronzano Interested party: The Court of Justice of the European Union rules that competitors may challenge the European Commission’s refusal to initiate the formal investigation procedure without having to show that the aid in question is likely to have a concrete impact on their situation (Vereniging tot Behoud van Natuurmonumenten in Nederland / Vereniging Gelijkberechtiging Grondbezitters)

410

On 3 September 2020, the Court of Justice of the European Union delivered its judgment in State aid case C-817/18 (Vereniging tot Behoud van Natuurmonumenten in Nederland and Others v Vereniging Gelijkberechtiging Grondbezitters and Others).. It states that, should the Commission refuse to (...)

Alain Ronzano Fine reduction: Advocate General Pitruzzella suggests that the Court of Justice of the European Union should confirm the approach of the General Court of the European Union to the reduction of a fine imposed for participation in the cartel for the recycling of car batteries by inviting it to adopt a literal, systematic and teleological reading of the 2006 Cooperation Notice (Recylex)

281

On 3 September 2020, Advocate General Giovanni Pitruzzella delivered his Opinion on the appeal. in Case C-563/19 (Recylex SA, Fonderie et Manufacture de Métaux SA, Harz-Metall GmbH v Commission of the European Communities) Inviting the Court of Justice of the European Union to dismiss the (...)

Alain Ronzano Statute of limitations: Advocate General Pitruzzella examines the conditions under which the application of the provisions of the Romanian Law on the statute of limitations can be dismissed as contrary to the principles of loyal cooperation and effective implementation of European antitrust law (Consiliul Concurenţei / Whiteland Import Export)

247

On 3 September 2020, Advocate General Giovanni Pitruzzella also delivered his Opinion in Case C-308/19 (Consiliul Concurenţei v Whiteland Import Export SRL): reference for a preliminary ruling from the Romanian High Court of Cassation and Justice. The present case raises the question whether (...)

Alain Ronzano Fines: The French Supreme Court confirmes in the ’zinc case’ that the omission concerning the offender’s membership of a powerful group constituted a material error which the Court of Appeal was entitled to rectify (Umicore)

666

In a judgment delivered on 2 September 2020The Commercial Chamber of the Court of Cassation, rejecting the appeals lodged by the Umicore group - the appeal lodged by the Chairman of the Authority, which was considered late, was declared inadmissible - not only confirms the judgment handed down (...)

Alain Ronzano Competence: The French Competition Authority declares itself incompetent to know about the practices of the Rhône Departmental Medical Doctors Council inviting ophthalmologists not to practice on behalf of a laser surgery centre which has not been approved by the regional health agency (Optical Center)

167

After age-related macular degeneration (AMD), here is refractive surgery, which consists of correcting abnormalities in the optical power of the eye (myopia, astigmatism, hyperopia or presbyopia) through laser eye surgery under local anesthesia. Or rather before, since Decision No. 20-D-10 (...)

Alain Ronzano COVID-19: The French Competition Authority will develop new map proposals for the establishment of court bailiffs and judicial auctioneers to take into account the short, medium and long term impact of the Covid-19 pandemic on the activity of these two professions

173

By press release dated 29 July 2020The Competition Authority announced that, following the two opinions it issued in December 2019 on the freedom of establishment of bailiffs and auctioneers, the Government had asked it to review its copy and to draw up new proposals for cards, in order to take (...)

Alain Ronzano Legitimate suspicion: The First President of the Paris Court of Appeal upholds a claim of legitimate suspicion against the Polynesian Competition Authority on account of the conduct of its President and refers the case to the French Competition Authority (Wane)

215

New development in the saga of excessive tariffs on the market for the supply of beverages to shops organized under trade names in French Polynesia: taking note of thejudgment of 4 June 2020 to which the Second Civil Chamber of the Court of Cassation ruled that independent administrative (...)

Alain Ronzano Mergers: The French Competition Authority publishes its new guidelines

241

L’Autorité a publié le 23 juillet 2020 ses nouvelles lignes directrices relatives au contrôle des concentrations. Elles entrent en vigueur ce jour et se substituent aux précédentes lignes directrices du 4 juillet 2013. Les présentes lignes directrices entérinent l’élargissement du champ d’application (...)

Alain Ronzano Private enforcement: The European Commission wants to help national courts to protect confidential information when ordering disclosure of evidence in private enforcement for damages of competitive harm

165

On 20 July 2020, the European Commission published a Notice on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law.. This Communication follows on from the Directive on damages actions for anti-competitive practices of (...)

Alain Ronzano Copyright: Advocate General Pitruzzella invites the Court to clarify the conditions under which a copyright management organisation in a de facto monopoly situation may be required to impose unfair royalties on organisers of music festivals which are liable to constitute an abuse of a dominant position (SABAM)

271

On 16 July 2020, Advocate General Giovanni Pitruzzella delivered his Opinion in Case C-372/19 (SABAM).which follows the reference for a preliminary ruling from the Tribunal de l’entreprise d’Anvers (Antwerp Works Tribunal) concerning the remuneration charged to music festivals by a Belgian (...)

Alain Ronzano Fines : The French Competition Authority imposes severe penalties for upstream and downstream cartels in the ham and charcuterie sector in a decision that lacks transparency in the calculation of fines

305

After flour, dairy products, chicken and compotes, the Competition Authority is once again tackling cartel practices in the food distribution sector. This time it is the ham and charcuterie sector that is concerned. More specifically, in Decision No. 20-D-09 of July 16, 2020, the Authority (...)

Alain Ronzano Direct interest in action: The Court of Justice of the European Union accepts the possibility for an undertaking involved in a cartel to intervene in the appeal of another undertaking to which the same Commission decision is addressed (HSBC)

269

By an important order of 16 July 2020 in Case C-883/19 (HSBC Holdings plc and Others v European Commission)The President of the Court of Justice of the European Union has accepted - and this is very much a first - that an undertaking involved in a cartel may intervene in the appeal brought by (...)

Alain Ronzano Tax rulings: The General Court of the European Union annuls the European Commission’s decision on Irish tax rulings, which required the recovery of EUR 13 billion, finding that the Commission failed to demonstrate the existence of an advantage (Apple)

578

On 15 July 2020, the Court of First Instance of the European Union delivered its judgment in the case of Ireland’s tax rescriptions in favour of Apple (Joined Cases T-778/16 - Ireland v. European Commission and T-892/16 - Apple Sales International and Apple Operations Europe v. European (...)

Alain Ronzano Electricity: The French Competition Authority puts the intensity of competition in the heating network sector into perspective and notes the existence of barriers to entry (Dalkia)

419

On 15 July 2020, the Competition Authority issued an opinion n° 20-A-05 of 2 July 2020 on the competitive situation in the heating network sector. The purpose of this opinion, drawn up at the request of the Minister for the Economy, is to assess whether access to the markets concerned is (...)

Alain Ronzano Remedies: The European Commission invites interested third parties to submit their observations on commitments proposed by a pharmaceutical company to reduce prices in Europe for six key cancer drugs by an average of 73% (Aspen)

138

On 15 July 2020, the following appeared in the OJEU a Commission Notice inviting interested third parties to comment on Aspen’s commitments to reduce prices in Europe for six key cancer drugs by an average of 73% in order to address the Commission’s concerns about excessive pricing, on the basis (...)

Alain Ronzano Competition policy: The French Senate issues a report for a rapid and pragmatic modernisation of European competition policy and makes twelve proposals in this sense

127

On 8 July, the Senate’s Economic Affairs Committee and the European Affairs Committee adopted a report by their joint monitoring group on the European Union’s industrial strategy, presented by Alain Chatillon and Olivier Henno, which calls for a rapid reform of European competition policy to (...)

Alain Ronzano Sole control: The French State Council rejects a new suspension request of the French Competition Authority’s decision, considering that this acquisition of sole control does not constitute a merger on the Mayotte island (Vindémia / Bernard Hayot)

126

On July 9, 2020, the interim relief judge of the Conseil d’État issued an order pursuant to which it rejects the application for interim relief suspension by the Confédération des petites et moyennes entreprises (CPME) Mayotte of Decision No. 20-DCC-072 of 26 May 2020The French Competition (...)

Alain Ronzano Reform: The French Senate adopts in first reading the authorization to transpose the ECN+ directive, as well as measures to simplify competition procedures and investigations, but above all an amendment introducing an ex ante merger control mechanism applicable to acquisitions by structuring companies of innovative companies with high value but low turnover and therefore below the notification thresholds (Ddadue)

579

After the provisions of the Audiovisual PJL concerning competition procedures were included in the bill containing various provisions adapting to European Union law on economic and financial matters (Ddadue), and during the examination in committee, The senators decided to directly enshrine in (...)

Alain Ronzano Information exchange: The General Court of the European Union finds that the European Commission failed to prove the existence of an anti-competitive contact in the card chip cartel case and reduces the fine accordingly (Infineon Technologies)

300

On 8 July 2020, the Court of First Instance of the European Union delivered a judgment on referral after annulment by the Court of Justice in Case T-758/14 RENV (Infineon Technologies v Commission) regarding one of the components of the card chip agreement. It will be recalled that on 26 (...)

Alain Ronzano Dawn raids: The First President of the Paris Court of Appeal annuls, by ruling on referral after cassation, authorization orders of the judge of liberties and detention, but also dawn raids (Whirlpool)

461

By Order of July 8, 2020the delegate of the First President of the Paris Court of Appeal to exercise the powers resulting from Article L. 450-4 of the French Commercial Code, ordered the annulment not only of the orders of the JLDs authorising visits and seizures, but also the actual operations (...)

Alain Ronzano New Caledonia: The New Caledonian Competition Authority adopts its first decision on interim measures and indicates under which conditions cooperation between competitors can be tolerated in times of health crisis (OPT-NC)

199

By Decision No 2020-MC-01 of 2 July 2020In the case of the Office des Postes et Télécommunications de la Nouvelle-Calédonie (OPT-NC), the New Caledonian Competition Authority issued a protective measure against the Office des Postes et Télécommunications de la Nouvelle-Calédonie (OPT-NC). Strictly (...)

Alain Ronzano Suspension: The First President of the Paris Court of Appeal grants an application for a stay of execution of an injunction issued by the French Competition Authority in the restaurant vouchers case, stressing its lack of precision (Edenred / Octoplus / SNRTC)

350

On July 1, 2020, the delegate of the first president of the Paris Court of Appeal issued an order by which it grants the application brought by Edenred France SAS and Edenred SA for a stay of execution of Decision No 19-D-25 of the French Competition Authority dated 17 December 2019 on (...)

Alain Ronzano Suspension: The Paris Court of Appeals publishes five ordinances of his First President suspending the execution, due to its imprecise nature, of the injunction issued by the French Competition Authority in the restaurant vouchers case (Edenred / Centrale de Règlement des Titres / Natixis / Sodexo / UP)

347

On 1 July 2020, the delegate of the First President of the Paris Court of Appeal issued not one but five orders in the restaurant vouchers case. The five orders granting the requests made by Edenred, Natixis, Sodexo and UP, as well as the order made by the Centrale de Règlement des Titres (CRT) (...)

Alain Ronzano Actual volumes: The French Competition Authority analyses for the first time a merger between agricultural cooperatives on the basis of actual volumes collected (Coopérative Dauphinoise, Terre d’Alliances)

156

Before being able to read the full text of the first decision of the French Competition Authority prohibiting a concentration, the decision handed down on 28 August 2020 concerning the proposed acquisition of joint control of a Géant Casino hypermarket located in the Troyes conurbation by (...)

Alain Ronzano COVID-19: The Commission extends the scope of the Temporary Framework to allow Member States to provide public support targeted at micro and small enterprises, even if they were already in financial difficulty on 31 December 2019

158

On 29 June 2020, the European Commission announced that it had adopted a third amendment extending the Temporary Framework, adopted on 19 March 2020 and amended a first time on 3 April 2020 and a second time on 8 May 2020. The main purpose of this amendment is to enable Member States to (...)

Alain Ronzano Market test: The French Competition Authority obtains commitments to reduce the scope of the cooperation agreement, considering that a merger could weaken private label suppliers and reduce competition between brands (Casino, Auchan, Metro, Schiever)

129

On 25 June 2020, the Competition Authority launched an open market test until 27 July 2020 of the commitments offered by the merging parties to the purchase combination between Casino, Auchan, Metro and Schiever aimed at addressing the competition concerns raised by this agreement. Since 2018, (...)

Alain Ronzano Reform: The French Senate directly inscribes in the law the measures of simplification of procedures and competition investigations and grants some assurances to companies on the simplified procedure (Ddadue)

282

After the provisions of the Audiovisual PJL concerning competition procedures were included in the bill containing various provisions for adaptation to European Union law on economic and financial matters (Ddadue), committee work began. On 24 June 2020, the Finance Committee, which was seized (...)

Alain Ronzano Hybrid settlement: The French Supreme Court supports hybrid settlement procedures by ruling out any infringement of the rights of the defence (Caisse des dépôts et consignations, Services conseil expertises territoires)

267

In a judgment delivered on 24 June 2020The Commercial Chamber of the Court of Cassation, in the case of the agreement to share contracts between bidders when awarding the land assistance contract of the Etablissement public foncier de l’Ouest Rhône-Alpes (EPORA), confirmed the hybrid transaction (...)

Alain Ronzano Fines: The French Supreme Court dismisses the appeal in the yoghurt cartel case, ruling out any difference of treatment in the calculation of the fines imposed by the Paris Court of Appeal (Novandie, Andros)

301

On 24 June 2020 the Commercial Chamber of the Court of Cassation handed down a ruling in another case, that of the yogurt cartel. Thanks to Jamal Henni for the information. It will be recalled that in a judgment rendered on 23 May 2017However, in its decision no. 15-D-03, the Paris Court of (...)

Alain Ronzano Germany: The Bundesgerichtshof provisionally upholds the Bundeskartellamt’s finding of abuse of a dominant position by combining personal data of its users from different sources (Facebook)

264

It will be remembered that in a decision of 6 February 2019The Bundeskartellamt had prohibited Facebook from collecting and using personal data on third-party services. While Facebook, WhatsApp or Instagram could continue to collect data from their respective users, it was now required to do so (...)

Alain Ronzano Sole control: The French State Council rejects an application for interim relief suspending three decisions concerning the acquisition of sole control, subject to conditions for the sale of stores, considering that the condition of urgency had not been met (Vindémia / Bernard Hayot)

113

On June 17, 2020, the interim relief judge of the Council of State issued an order pursuant to which it rejected the application for interim measures suspending the suspension of three decisions - not yet published - submitted by several players in the food distribution sector in Reunion (...)

Alain Ronzano Reform: The French State Council gives its opinion on the draft law on various provisions for adapting to European Union law on economic and financial matters (Ddadue)

721

It will be recalled that the Government took advantage of the presentation to the Council of Ministers on 5 December 2019 of the draft law on audiovisual communication and cultural sovereignty in the digital age to incorporate into the text two provisions - articles 60 and 61 - concerning the (...)

Alain Ronzano Notion of undertaking: The Court of Justice of the European Union rules that, in a system of compulsory health insurance, insurance bodies cannot be classified as undertakings and therefore do not fall within the scope of the rules of Union law on State aid (Dôvera zdravotná poist’ovňa)

333

In a judgment delivered on 11 June 2020 in Joined Cases C-262/18 and C-271/18 (Commission v Dôvera zdravotná poistʼovňa), the Grand Chamber of the Court of Justice of the European Union put an end to the Court of First Instance’s attempts to relax the application of the concept of undertaking within (...)

Alain Ronzano Barriers to entry: The French Supreme Court dismisses an appeal against the decision of the Paris Court of Appeal, which had confirmed in all respects the sanction of three eviction practices for the access to the Eiffel Tower site (TDF)

389

In a judgment delivered on 10 June 20205 million for the sole eviction practice implemented on the market for the renewal of the agreement for the occupation of the Eiffel Tower site. In its decision, the Commercial Chamber of the Court of Cassation, ruling in a panel that did not give any (...)

Alain Ronzano Lack of reasoning: The Court of Justice of the European Union sets aside a judgment of the General Court allowing the Commission, in parallel with the opening of a formal investigation procedure, to order a Member State to suspend the implementation of a potential aid measure (Hungary / European Commission)

203

On 4 June 2020, the Court of Justice of the European Union delivered its judgment in Case C-456/18 (Hungary v. European Commission).. Identifying, following General Counsel Kokott’s findings The Court of Justice sets aside the judgment of the Court of First Instance recognising the Commission’s (...)

Alain Ronzano Object restriction: Advocate General Kokott calls on the Court of Justice of the European Union to uphold the judgment of the General Court of the European Union imposing a fine of € 94 million on a pharmaceutical company for having concluded a pay for delay agreement with four generic companies (Lundbeck)

352

On 4 June 2020, Advocate General Juliane Kokott delivered her Opinion in the case of Pay for Delay C-591/16 (Lundbeck v. European Commission).. As might be expected, these conclusions follow on from thejudgment of 30 January 2020 in Case C-307/18 (Generics (UK) and others). in which the Court (...)

Alain Ronzano Principle of equal treatment: Advocate General Pitruzzella calls on the Court of Justice of the European Union to uphold the European Commission’s appeal and accordingly to annul the judgment of the General Court of the European Union finding that the principle of equal treatment was infringed and that there was an abuse of power in relation to a decision re-adopted after a first annulment (GEA)

215

On 4 June 2020, Advocate General Giovanni Pitruzzella delivered his Opinion on the appeal. in Case C-823/18 concerning the appeal brought by the European Commission against thejudgment delivered on 18 October 2018 by the Court of First Instance of the European Union in Case T-640/16 (GEA Group (...)

Alain Ronzano Automobile: The Paris Court of Appeal approves the decision of the French Competition Authority and rejects for lack of sufficient evidence the appeal of three garage owners evicted from a network of repairers (Garage Richard Drevet, Guillotin, Littoral Automobile)

185

On 4 June 2020, Chamber 5-7 of the Paris Court of Appeals, delivered a judgment on appeal against the Competition Authority’s decision no. 19-D-08 of May 9, 2019 on practices in the automotive service and repair sector In the present case, three repairers evicted from the Hyundai network (...)

Alain Ronzano Procedure of legitimate suspicion: The French Supreme Court rules that independent administrative authorities that impose sanctions are subject to an ex ante control of their impartiality and can be subject to a procedure of legitimate suspicion (Wane)

247

On 4 June 2020, the Second Civil Chamber of the Court of Cassation handed down a very important ruling, the lessons of which, which are intended to apply far beyond the case in point, largely affect the law of independent administrative authorities, at least those which implement powers to (...)

Alain Ronzano COVID-19: The European Commission authorizes an amendment to the French plan to secure corporate financing in order to ensure the liquidity of companies whose activities are affected by closures for health emergencies

110

It will be remembered that on 21 March 2020, the European Commission had authorised three French aid schemes, which are expected to mobilise more than €300 billion to ensure that liquidity is maintained for businesses affected by the current crisis. The third measure (measure C) applied to all (...)

Alain Ronzano COVID-19 : The Joint Committee reintroduces the Government’s authorization to legislate by ordinance to extend for fourteen months the experiment to raise the resale below cost threshold

113

It will be recalled that on 7 May 2020, the Government tabled a bill on the desk of the National Assembly containing various urgent provisions to deal with the consequences of the covid-19 epidemic. In its initial version, the text included an authorization for the Government to legislate by (...)

Alain Ronzano Digital platforms: The European Commission wants to strengthen ex ante regulation of the major digital platforms and to provide a new competition tool to impose behavioural or structural injunctions on them without any prior finding of abuse and without fines or damages actions

833

On 2 June 2020, the Commission launched a broad initiative on the regulation of digital platforms, based on the draft Digital Services Act. In this context, the Commission is launching two parallel and complementary consultations concerning, on the one hand, a draft ex ante regulation of the (...)

Alain Ronzano Non-coordinated effects: The EU General Court annuls the Commission’s decision prohibiting a takeover in the UK mobile telephony market by proposing a robust test for assessing the non-coordinated (or unilateral) effects of a proposed merger in an oligopolistic market (Telefónica UK / Hutchison 3G UK)

751

On 28 May 2020, the Court of First Instance of the European Union handed down a very important ruling in Case T-399/16 (CK Telecoms UK Investments Ltd v Commission of the European Communities) By annulling the Commission’s decision of 11 May 2016 The European Court of First Instance has (...)

Alain Ronzano Existing aid: Advocate General Pitruzzella considers that the French extended producer responsibility scheme for the management of waste from textile products, household linen and footwear should not, in principle, be regarded as State aid (Eco TLC)

162

On 28 May 2020, Advocate General Giovanni Pitruzella delivered his Opinion. in Case C-556/19 (Société Eco TLC v Ministre de la transition écologique et solidaire): reference for a preliminary ruling from the Conseil d’État (France) from the Conseil d’État (Council of State) At the heart of the (...)

Alain Ronzano Dawn raids: The Paris Court of Appeal confirms the fine of 900,000 euros imposed on an engineering and technology consulting group for obstruction during dawn raids operations (Akka)

305

On 26 May 2020, Chamber 5-7 of the Paris Court of Appeal, in its new composition, delivered its judgment in the matter of obstructive practices by companies in the Akka group. It will be recalled that on May 22, 2019, the Competition Authority adopted Decision No. 19-D-09 in favour of which (...)

Alain Ronzano Remedies : The French Competition Authority clears, subject to structural and behavioural remedies, an acquisition of sole control in the food and non-food retail distribution market on Reunion Island (Vindémia / Bernard Hayot)

191

On 25 June 2020, the Competition Authority posted online Decision No 20-DCC-72 of 26 May 2020 by which it authorized the acquisition of sole control of Vindémia Group by Groupe Bernard Hayot (GBH) on the market for food and non-food retail distribution on Reunion Island. In addition, the (...)

Alain Ronzano COVID-19: The European Commission authorises an amendment to the French framework scheme to support businesses during the pandemic, integrating aid through tax and social benefits and increasing its budget from €7 billion to €50 billion

174

It will be remembered that on 21 April 2020, the European Commission had made public the decision of 20 April 2020 by which it had authorised the French ’Régime Cadre Temporaire’ amounting to EUR 7 billion to support all French undertakings affected by the economic crisis linked to the coronavirus (...)

Alain Ronzano COVID-19 : The French Senate includes in the text of the bill the extension for fourteen months of the experiment of raising the resale below cost threshold and limiting promotions (Projet de loi N° COM-30)

165

On 7 May 2020, the Government tabled a bill in the National Assembly containing various urgent provisions to deal with the consequences of the covid-19 epidemic. In its initial version, the bill included 33 authorizations to legislate by ordinance. Among these powers to legislate by ordinance (...)

Alain Ronzano Fines: The Court of Justice of the European Union annuls in part the judgment of the General Court and reduces the fine imposed by the Commission on one of the European participants in the power cable cartel (Verwaltungs)

345

On 14 May 2020, the Court of Justice of the European Union delivered a judgment in Case C-607/18 (NKT Verwaltungs GmbH and NKT A/S v Commission). concerning one of the components of the cartel of electrical cables. It will be remembered that in a decision rendered on April 2, 2014In the first (...)

Alain Ronzano Illegal aid: The General Court of the European Union upholds the decision of the European Commission declaring illegal the measures in favour of the development of air transport and imposing the state aid recovery from the airlines (easyJet Airline / Volotea / Germanwings)

450

On 13 May 2020, the Court of First Instance of the European Union delivered three judgements following actions brought by three low-cost airlines against the European Commission’s decision of 29 July 2016. in favour of which it considered that the State aid implemented by Italy providing (...)

Alain Ronzano COVID-19: The European Commission presents its plan to support the tourism and transport sector and publishes a recommendation encouraging schemes that allow assets in the aviation and tourism sector in the event of cancellations due to the coronavirus crisis

147

The Commission presented on 13 May 2020 a set of guidelines and recommendations aimed at helping Member States to gradually lift travel restrictions and to allow businesses in the tourism sector to reopen after months of containment, while respecting the necessary health precautions. The (...)

Alain Ronzano Sole control: The French Competition Authority publishes a decision unconditionally clearing the acquisition of sole control over several subsidiaries and assets by an aircraft parts producer (Short Brothers, Bombardier Aerospace North Africa, Bombardier / Spirit Aerosystems)

126

In the last few days, the Competition Authority has posted 4 new merger clearance decisions on the Internet, including 2 simplified decisions. These decisions include Decision No. 20-DCC-62 of 13 May 2020. through which it authorised Spirit Aerosystems Inc, a former Boeing subsidiary still (...)

Alain Ronzano Market economy investor: The Court of Justice of the European Union dismisses the appeal of a steel group in the case of incompatible aid granted to it by the Walloon Region, ruling out any reversal of the burden of proof in the application of the market economy investor test (Duferco)

247

On 7 May 2020, the Court of Justice of the European Union delivered its judgment in Case C-148/19 (BTB Holding Investments and Duferco Participations Holding v Commission).. It dismissed the appeal for annulment of thejudgment delivered on 11 December 2018. by the Court of First Instance of (...)

Alain Ronzano Commitments: Advocate General Pitruzzella calls on the Court of Justice of the European Union to uphold the appeal in the Cross-border access to pay-TV case on the grounds that the European Commission infringed the principle of proportionality by failing to take into account the interests of third parties (Canal+)

277

On 7 May 2020, Advocate General Pitruzzella delivered his Opinion in Case C-132/19 (Canal+ Group v Commission).. It will be recalled that on 12 December 2018, the Court of First Instance of the European Union delivered a judgment in Case T-873/16 (Canal+ Group v Commission).in which it (...)

Alain Ronzano Compatibility: Advocate General Hogan calls on the Court of Justice of the European Union to dismiss Austria’s appeal, holding that the European Commission is not obliged to examine the compatibility with environmental rules of state aid granted to build and operate a new nuclear power station (Hinkley Point C)

181

On 7 May 2020, Advocate General Gerard Hogan delivered his Opinion in Case C-594/18 (Austria v Commission).. This case concerns the UK project to subsidise the construction and operation of a new nuclear power station using EPR technology at Hinkley Point in Somerset, which has been entrusted (...)

Alain Ronzano New Caledonia : The New Caledonian Competition Authority has expressed its concerns about the exemption mechanism allowing credits in the aviation and tourism sector in the event of cancellation due to the coronavirus crisis and has made recommendations to the Congress and the Government

201

On 6 May 2020, the New Caledonian Competition Authority made public a series of urgent recommendations that it addressed to the Congress and the Government of New Caledonia regarding a draft deliberation on the adaptation of the rules relating to the financial conditions for the termination of (...)

Alain Ronzano Recovery: The Court of Justice of the European Union considers that the limitation period of ten years for the recovery of aid applies only to the relationship between the Commission and the Member State (Nelson Antunes da Cunha / IFAP)

219

Stressing the need for full recovery of unlawful aid, the Court of Justice of the European Union considers that the limitation period of 10 years for the recovery of aid applies only to relations between the Commission and the Member State and that a national limitation period must be left (...)

Alain Ronzano Distribution agreement: The French Competition Authority rejects a referral concerning the breach of the agreements linking two television channels to a content distribution platform (Molotov / TF1, M6)

190

By Decision No. 20-D-08, April 30, 2020The Competition Authority rejected Molotov’s application on the merits for lack of sufficient evidence and, consequently, the request for protective measures ancillary to that application. Molotov, a platform for the distribution of television channels and (...)

Alain Ronzano Sole control: The French Competition Authority clears the acquisition of sole control of a group specialised in the field of mental health and aftercare and rehabilitation (Sinoué / Orpea)

144

In the last few days, the Competition Authority has posted online Decision No. 20-DCC-63 of 30 April 2020 in favour of which the Competition Authority unconditionally authorised the acquisition of sole control of the Sinoué group by the Orpea group. The Orpea group is a multi-disciplinary (...)

Alain Ronzano COVID-19 : The French Competition Authority accepts the intervention of a professional association in order to adjust the commercial rents of its members who have ceased their activity as a result of the COVID-19 pandemic

135

On 22 April 2020, the Competition Authority issued a statement in which it states that, in the context of the informal consultations of the competition authorities in the context of the health crisis, it gave the green light to a professional association of opticians - the Rassemblement des (...)

Alain Ronzano COVID-19 : The European Commission authorises the extension and strengthening of the French “Fonds de solidarité” in favour of small businesses suffering from the COVID-19 crisis

150

It will be remembered that on 30 March 2020, the European Commission had authorisedUnder the temporary framework for state aid to support the economy in the context of the COVID-19 outbreak, the ³csolidarity fund³d set up by France to support small and micro-enterprises (10 employees and a (...)

Alain Ronzano Intellectual property: The French Competition Authority requires the dominant operator of search engines to negotiate with publishers and news agencies the remuneration due under neighbouring rights for the transfer of their protected content (Google)

350

Seized in November 2019 by AFP and several professional organisations representing press publishers, denouncing the practices implemented by Google consisting of diverting, if not the letter, at least the spirit and objectives of law no. 2019-775 of 24 July 2019, which created a neighbouring (...)

Alain Ronzano COVID-19: The European Commission publishes a Temporary Framework Communication for the assessment of competition concerns raised by cooperation among businesses related to the coronavirus pandemic and issues first compatibility letter

451

On 8 April 2020, the European Commission published a Communication on a Temporary Framework to provide guidance on anti-competitive practices to companies cooperating to respond to emergency situations related to the current coronavirus pandemic. In view of the fact that the current (...)

Alain Ronzano COVID-19 : The European Commission issues a comfort letter regarding cooperation between pharmaceutical producers to address the risk of shortage of medicines for the treatment of patients with Covid-19 (Medicines for Europe)

317

It is recalled that on 8 April 2020, the Commission indicated that it had for the first time under Regulation 1/2003 granted an administrative letter of compatibility to an undertaking or association of undertakings. In the case in point, it concerned the former European Generic Medicines (...)

Alain Ronzano Commitments : The French Competition Authority imposes a financial penalty of €900,000 to an undertaking that failed to comply with the commitment to separate the pools of bets made online and through the physical network of outlets (PMU)

234

It will be remembered that following a referral by Betclic, the Competition Authority had obtained commitments from PMU that it had made binding by Decision No. 14-D-04 of 25 February 2014....consisting mainly of separating its masses of hard and soft stakes. In December 2017, Betclic and (...)

Alain Ronzano COVID-19 : The European Commission extends the scope of the temporary framework for State aid to allow Member States to provide additional support to the economy during the coronavirus crisis

231

On 6 April 2020, the European Commission announced that it had adopted an amendment extending the temporary framework adopted on 19 March 2020 to allow Member States to accelerate research, testing and production of products relevant to coronaviruses, to protect jobs and to further support the (...)

Alain Ronzano COVID-19 : The French Competition Authority ensures that the distribution of respiratory assistance equipment in French Guiana and the French West Indies will not be hindered by exclusive import practices and offers companies support to secure their cooperation agreements

282

In a press release dated 6 April 2020The French Competition Authority announced that it has closed a blitz investigation into exclusive import practices in the medical equipment sector for hospitals in French Guiana and the French West Indies. Following a report made by a Guyanese company on (...)

Alain Ronzano Object restriction: The Court of Justice of the European Union calls on the Hungarian Supreme Court to ascertain whether the multilateral interchange fee set by the banks for credit card transactions with a merchant pursued no objective other than a simple price increase (Gazdasági Versenyhivatal / Budapest Bank)

707

On 2 April 2020, the Court of Justice of the European Union delivered its judgment in Case C-228/18 (Gazdasági Versenyhivatal v. Budapest Bank Nyrt. and others).following a reference for a preliminary ruling from the Kúria, the Hungarian Supreme Court. The main proceedings concern an old (...)

Alain Ronzano Commitments: The Competition Authority accepts and makes binding the commitments of the former incumbent home parcel delivery operator regarding the calculation of its discounts on parcel deliveries (La Poste)

237

On 2 April 2020, the Competition Authority adopted Decision No 20-D-06 in whose favour it accepts and makes binding the commitments de la Poste SA and closes the substantive proceedings initiated by Kiala France, Kiala SA, UPS France and UPS Inc. concerning practices in the parcel delivery (...)

Alain Ronzano COVID-19: The European Commission authorises the French “Fonds de solidarité” with a budget of €1.2 billion to help small businesses suffering from the COVID-19 crisis

214

On 30 March 2020, the European Commission authorised, under the temporary framework for state aid to support the economy in the context of the COVID-19 outbreak, the ’Solidarity Fund’ set up by France to support small and micro-enterprises and the self-employed affected by the economic (...)

Alain Ronzano COVID-19: The European Commission opens an office for companies who have questions about the compatibility of their cooperation agreements in relation to the fight against the coronavirus epidemic, consults Member States on the need to extend the scope of the temporary framework for State aid and adapts the Communication on short-term export-credit insurance

133

On 30 March 2020, the European Commission announced that it had opened a web page intended to inform companies, associations and their advisers in case of uncertainty as to the compatibility with EU competition law of the European dimension cooperation agreements they intend to implement in the (...)

Alain Ronzano Incompatible aid: The Court of Justice of the European Union annuls the judgment of the General Court confirming the incompatibility of several aid measures implemented by the Greek State in favour of a company in difficulty (Larko)

242

On 26 March 2020, the Court of Justice of the European Union delivered a judgment in case C-244/18 (Larko Geniki Metalleftiki kai Metallourgiki AE v. European Commission).. It will be recalled that in a judgment rendered on February 1, 2018 In Case T-412/14 (Larko Geniki Metalleftiki kai (...)

Alain Ronzano COVID-19: The European Commission and the ECN reassure companies about the cooperation measures they can take to ensure the production and distribution of essential products (Application of competition law during the Corona crisis)

270

On 23 March 2020, the European Commission and the European Competition Network (ECN) issued a statement on the application of competition rules during the coronavirus crisis.. In essence, the European competition authorities are seeking to reassure companies of the cooperative measures they (...)

Alain Ronzano Bogus quotes: The French Competition Authority sanctions, after 7 years of investigation, a practice of bogus quotes on the military relocation sector from Reunion Island

330

On 23 March 2020, the Competition Authority issued a decision No. 20-D-05 under the terms of which it is penalising three removal firms and two transport companies for having implemented a practice of quote of convenience with a view to distorting competition in respect of military removals. In (...)

Alain Ronzano COVID-19: The European Commission authorises three French regimes to support the national economy in the coronavirus crisis, as well as Danish, German, Portuguese and Italian regimes

131

Less than 48 hours after the adoption of the temporary framework for state aid to support the economy in the context of the COVID-19 outbreak, the European Commission authorised three French aid schemes on 21 March 2020300 billion to ensure that the liquidity of companies affected by the crisis (...)

Alain Ronzano Competence: The French State Council refers a case to the Tribunal des conflits, deeming the Paris Court of Appeal competent to hear the request to enjoin the French Competition Authority to republish a decision on interim measures (Google)

211

On 20 March 2020, the Council of State issued a decision in the case of the protective measures injunction, requiring Google to clarify the procedure for suspending Google Ads accounts for "misleading or prohibited content". However, the present dispute does not relate to the lawfulness of the (...)

Alain Ronzano Settlement: The French Supreme Court confirms the decision of the Paris Court of Appeals confirming the questionable decision of the Competition Authority in the so-called ’grande cuisine’ equipment case (GIF)

149

On 29 May 2020, the Competition Authority published online thejudgment delivered on 18 March 2020 by the Commercial Chamber of the Court of Cassation in the so-called "haute cuisine" equipment case. It confirms in all respects thejudgment delivered on 18 January 2018. by the Paris Court of (...)

Alain Ronzano Admissibility: The French Supreme Court confirms the inadmissibility of voluntary interventions by the persons filing the appeal in support of the Authority in the appeal proceedings against a decision sanctioning obstruction of the investigation (Brenntag)

139

On June 4, 2020, the Competition Authority posted online a decision of the Commercial Chamber of the Court of Cassation dated March 18, 2020 by which it dismisses the appeal brought by Gaches Chimie, the same company which was at the origin of the interminable chemical commodities case when it (...)

Alain Ronzano COVID-19: The French Competition Authority no longer guarantees the usual deadlines for processing merger control procedures and pushes for the dematerialisation of notifications due to the Coronavirus crisis

185

In a press release issued on March 17, 2020The Competition Authority announces that, during the containment period decided by the public authorities, it will not be in a position to guarantee the usual deadlines for processing mergers already notified or which would be notified in the coming (...)

Alain Ronzano COVID-19: The European Commission, in the face of the COVID-19 epidemic, wants to relax State aid rules to allow the Member States to support the economy and encourages companies to delay merger notifications

207

On 17 March 2020, the European Commission proposed to the 27 EU Member States to activateArticle 107(3)(b) of the TFEU.which declares "aid to make good the damage caused by natural disasters or exceptional occurrences compatible with the internal […]market" in order to remedy the serious (...)

Alain Ronzano Fines: The French Competition Authority fines the dominant operator in the sector of designing and marketing electronic products and its two wholesalers €1.24 billion for implementing practices affecting ’intra-brand’ competition (Apple / Tech Data / Ingram Micro)

319

The news broke over the weekend: the Competition Authority is sanctioning Apple and its two wholesalers to the tune of... 1.24 billion euros!!!! Excuse the little... And this record fine... just for practices affecting, it seems, "intra-brand" competition and which, if we understand correctly, (...)

Alain Ronzano Abuse of economic dependence: The French Competition Authority fines an electronics manufacturer and its two wholesalers €1.24 billion for practices affecting ’intra-brand’ competition (Apple / Tech Data / Ingram Micro)

353

It is recalled that in a decision No. 20-D-04 of March 16, 2020the Competition Authority has sanctioned Apple and its two wholesalers to the tune of... 1.24 billion euros !!! Excuse the little... And this record fine... just for practices affecting, it seems, mainly "intra-brand" competition (...)

Alain Ronzano Illegal aid : The General Court of the European Union annuls the decision finding that the public guarantee granted to two Spanish football clubs in difficulty in the context of a capital increase constituted an illegal and incompatible aid (Valencia Club de Fútbol / Elche Club de Fútbol)

232

On 12 March 2020, the Court of First Instance of the European Union delivered two new judgments in the case of aid granted to three football clubs in financial difficulty - Valencia CF, Hércules CF and Elche CF - located in the Community of Valencia in Spain. It will be remembered that on 20 (...)

Alain Ronzano Price coordination: The General Court of the European Union confirms the rejection of a complaint lodged by a Czech automotive representative who complained about various practices implemented by a manufacturer (LL-Carpenter)

178

On 12 March 2020, the Court of First Instance delivered a judgment in Case T-531/18 (LL-Carpenter s.r.o. v Commission) concerning an application for annulment of the Commission’s decision of 26 June 2018 rejecting the complaint lodged by the applicant, a Czech automotive representative, alleging (...)

Alain Ronzano Dawn raids: Advocate General Kokott calls on the Court of Justice to uphold the judgment of the General Court in the electric cable cartel case authorising the use on the Commission’s premises of evidence seized within the visited company without first ascertaining whether that evidence is relevant to the object and purpose of the inspection in question (Nexans)

216

On March 12, 2020, Advocate General Juliane Kokott delivered her Opinion in Case C-606/18 (Nexans France and Nexans v. European Commission).on one of the aspects of the procedure relating to the electricity cable cartel, which led the Commission to take a decision on 2 April 2014The European (...)

Alain Ronzano Modification: The Court of Justice of the European Union considers that the obligation to invite interested parties to submit their comments in a State aid procedure, following a substantial modification in the legal framework, exists only if the modification is liable to affect the Commission’s decision (Gmina Miasto Gdynia, Port Lotniczy Gdynia Kosakowo)

180

On 11 March 2020, the European Court of Justice delivered its judgment in Case C-56/18 (European Commission v. Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo).. In it, the Court sets aside thejudgment of 17 November 2017. in Case T-263/15 (Gmina Miasto Gdynia and Port Lotniczy (...)

Alain Ronzano Existing aid: Advocate General Pitruzzella suggests that the Court should declare invalid the Commission’s decision on the measures in favour of fishermen in western France (Compagnie des pêches de Saint-Malo)

100

On 5 March 2020, Advocate General Giovanni Pitruzzella delivered his Opinion. in the case of the reference for a preliminary ruling from the French Conseil d’État on the interpretation of the Commission’s decision of 14 July 2004on certain aid measures implemented by France in favour of fish (...)

Alain Ronzano Fines: The European Court of Justice confirms the possibility for the Commission to impose a fine of €10 million on the Norwegian salmon farmer for buying out his competitor without prior notification of the operation and an equal fine for carrying it out before the Commission had approved (Mowi)

501

On 4 March 2020, the Court of Justice of the European Union delivered a judgment in Case C-10/18 (Marine Harvest ASA, to whose rights Mowi ASA v. European Commission comes).. It does not follow the main conclusions of Advocate General Yevgeny Tchev in this case. It will be recalled that the (...)

Alain Ronzano Jurisdiction: The Court of Justice of the European Union confirms that the compensation granted to the bus passenger transport service by the Italian region of Campania did not meet the Altmark conditions and therefore constituted incompatible State aid which must be recovered (Buonotourist; CSTP Azienda della Mobilità)

226

On 4 March 2020, the Court of Justice of the European Union delivered two judgments in identical terms in State aid cases C-586/18 (Buonotourist v Commission) and C-587/18 (CSTP Azienda della Mobilità v Commission)in which it dismisses in their entirety the appeals seeking the annulment of the (...)

Alain Ronzano Dawn raids: The French Supreme Court validates the technique of provisional closed seal of the messenger files, the global seizure of the ’unbreakable’ files and the technique of cleaning the legal privilege from a numerical table to be completed by the visited company before making the final seal (Renault)

512

In a judgment delivered on 4 March 2020 With regard to the operation of visit and seizure (OVS), the Criminal Chamber of the Court of Cassation rejected the appeal against the order of the First President of the Versailles Court of Appeal dated 25 January 2018, which confirmed the JLD’s order (...)

Alain Ronzano Clearance: The French Competition Authority clears, subject to conditions, the acquisition of a group operating twelve bakeries on Reunion Island (Pain Frotté / Kin Siong, Lam Tow, Yong Wai Man)

155

In recent weeks, the Competition Authority has posted 28 new merger clearance decisions online, including 17 simplified decisions. These decisions include Decision No. 20-DCC-28 of 3 March 2020. in favour of which the French Competition Authority has conditionally authorised the acquisition of (...)

Alain Ronzano Reform: The Committee on Cultural Affairs and Education of the French National Assembly completes the committee consideration of the draft law on audiovisual communication and cultural sovereignty in the digital age

586

On 5 March 2020, the Committee on Cultural Affairs and Education of the National Assembly completed its committee consideration of the draft law on audiovisual communication and cultural sovereignty in the digital age. At the last session, the Committee members examined (in less than two (...)

Alain Ronzano Reform: The French Government issue a decree on the limitation of fees and charges levied by the co-ownership trustees for the establishment of the statement dated at the time of the transfer of lots, without taking into account the French Competition Authority’s opinion

110

On 4 March 2020, the Competition Authority publishedOpinion No. 20-A-01 of 14 January 2020. which it has returned to the government concerning a draft decree aimed at imposing on the syndics of co-ownership a dated state tariff ceiling, a document drawn up by the syndic informing the purchaser (...)

Alain Ronzano Remedies: The French Competition Authority sanctions the dominant operator on the funeral insurance market in Réunion Island for failure to comply with commitments made in 2009 (Mutualité de La Réunion)

141

On February 20, 2020, the Competition Authority issued Decision No. 20-D-03 200,000 for failing to comply with the commitments entered into by the Mutualité de La Réunion and made binding by the Authority in Commitment Decision No. 09-D-27 of 30 July 2009. The commitments entered into in 2009 (...)

Alain Ronzano Exclusive import: The Paris Court of Appeal partially reforms a decision sanctioning exclusive import practices in overseas territories after the Lurel law (A.D.L.P.)

223

On 20 February 2020, Chamber 5-7 of the Paris Court of Appeals delivered a judgment partially reforming Decision No. 18-D-21 of 8 October 2018 concerning practices implemented in the consumer goods sector on the islands of the territory of Wallis and Futuna, by which it had sanctioned for the (...)

Alain Ronzano Sanctions: The Paris Court of Appeal confirms in all respects the decision sanctioning a cartel after the refusal of a ministerial transaction in a local anticompetitive practice (Radio Taxi Antibes - Juan Les Pins)

182

On February 20, 2020, Chamber 5-7 of the Paris Court of Appeal dismissed in its entirety the appeal of GIE Radio taxi Antibes-Juan-les-Pins against the decision of the Competition Authority No. 19-D-05 of March 28, 2019.The Commission had adopted a sixth decision concerning a local PAC, (...)

Alain Ronzano Reform: The French Competition Authority publishes its contribution to the debate on the evolution of competition policy in the face of challenges posed by the digital economy

277

On 21 February 2020, the Competition Authority published its contribution - which is bound to evolve - to the debate on competition policy and digital issues.This is in view of the discussions currently taking place at European Commission level and before the French Parliament. Recalling that (...)

Alain Ronzano Reform : The French Competition Authority obtains the marginal modification of the decree relating to the content of the information file and the report to be communicated to it by the purchasing or referencing centres for the ex ante and ex post control of their agreements

175

On 24 September 2020, the Competition Authority publishedOpinion No. 20-A-02 of 13 February 2020. a few days after the publication in the Official Journal of 17 September 2020 of theOrder of 9 September 2020 relating to the content of the information package and report provided for in Article (...)

Alain Ronzano Pay for delay: The Court of Justice of the European Union sets out the conditions under which an pay for delay agreement constitutes a restriction of competition by object or effect and how it can be analyzed as an abuse of a dominant position (Generics - UK)

934

Just eight days after General Counsel Juliane Kokott presented her findings... in Case C-307/18 (Generics (UK) and Others), the Court of Justice of the European Union has therefore delivered its judgment in record time on 30 January 2020 in the same case.. Under the terms of this judgment - (...)

Alain Ronzano Predatory pricing: The Court of Justice of the European Union dismisses the appeals against the Commission’s decisions in the case of alleged predatory practices by the Czech railway incumbent (České dráhy)

586

On 30 January 2020, the Court of Justice of the European Union delivered a judgment in Joined Cases C-538/18 and C-539/18 (České dráhy a.s. v. European Commission). in favour of which it dismisses in their entirety the appeals brought by the Czech rail incumbent operator, České dráhy, against the (...)

Alain Ronzano Restriction by object: The French Supreme Court censures the Paris Court of Appeal for having adopted an extensive interpretation of the concept of restriction of competition ’by object’ (Banque Postale, BNP Paribas)

931

On 29 January 2020, the Commercial Chamber of the Court of Cassation handed down a new ruling in the image-Czech exchange commissions case.. It adopts a solution on the question of the existence of a restriction by object in line with European case law resulting from the bank cards judgmentof (...)

Alain Ronzano Essential facilities: Olivier Guersent, the new Director General of DG Competition at the European Commission, proposes to consider large digital platforms as essential facilities and to treat them as such

727

On 29 January 2019, the Senate’s Economic Affairs Committee therefore heard Olivier Guersent, the new Director General of DG Competition at the European Commission.. The main point to remember from this hour and a half of discussion with the senators is the defence and illustration of the (...)

Alain Ronzano Business secret: The French Supreme Court requires the Authority’s general rapporteur to give concrete reasons for the lifting of the protection granted under business secret (General Import)

360

In two rulings handed down on 29 January 2020, the Commercial Chamber of the Court of Cassation clarified the obligations incumbent on the General Rapporteur of the Competition Authority when he decides to lift the protection afforded to documents in the investigation file under the business (...)

Alain Ronzano Essential facility: The French Competition Authority rejects the request for access to an essential facility, but announces the opening of an exploratory investigation (AOTA / Orange)

251

On January 23, 2020, the Competition Authority issued a decision No. 20-D-02 of January 23, 2020in which it concludes that Orange’s fibre-to-the-home (FttH) infrastructure is not critical infrastructure. The case was referred to the Association of Alternative Telecommunications Operators (...)

Alain Ronzano Pay for delay: Advocate General Kokott invites the Court to rule that an Pay for Delay agreement may constitute a restriction of competition by object or effect and that its conclusion may be analysed as an abuse of a dominant position (Generics - UK)

390

Taking the view that uncertainty as to the validity of a patent on a medicinal product or as to the infringing nature of its generic does not preclude the patent holder and the generic manufacturer from being regarded as potential competitors, Advocate General Kokott invites the Court to rule (...)

Alain Ronzano Price coordination: The First President of the Paris Court of Appeal rejects the request for a stay of execution made by the Order of Architects against the sanction imposed by the French Competition Authority (Ordre des architectes)

153

Considering that the debate on the imputability of practices to the National Council of the Order of Architects (CNOA) and the Regional Councils of the Order of Architects (CROA) does not betray a flagrant violation of the rules of law, the First President of the Court of Appeal of Paris (...)

Alain Ronzano Admissibility: The Court of Justice of the European Union finds inadmissible the claim for a preliminary ruling submitted by the Central Administrative Economic Tribunal and denies it’s status of ’jurisdiction’ within the meaning of Article 267 TFEU (Banco de Santander)

586

On 21 January 2020, the Grand Chamber of the Court of Justice of the European Union delivered a judgment in Case C-274/14 (Banco de Santander SA) following a reference for a preliminary ruling from the Spanish Central Economic Administrative Tribunal (TEAC). In it it essentially follows the (...)

Alain Ronzano Fines: The European Commission imposes a fine of €52 million to two undertakings in the wind turbine manufacturing sector for negligently supplying incorrect information in the notification of a merger (GE / LM Wind Power)

208

On 21 January 2020, the Commission published the decision of 8 April 2019 in favour of which it imposed a fine of EUR 52 million on GE for negligently providing incorrect information in the notification of a merger is online At the Commission, the accuracy of the information provided in merger (...)

Alain Ronzano Morocco: The Moroccan telecoms regulator fines the incumbent operator 310 million euros for abusing its dominant position in the implementation of local loop unbundling (Morocco Telecom)

379

On January 17, 2020, Morocco’s telecoms sector regulator - the National Telecoms Regulatory Agency (ANRT) - adopted a landmark decision in more than one respect, Decision ANRT/CG/n°01/2020. 310 million (MAD3.3 billion) for having abused its dominant position in the implementation of local loop (...)

Alain Ronzano Price cartel : The Paris Court of Appeal rejects the appeal against the decision sanctioning several producers and resellers-wholesalers of liquid fertilizers for a price cartel (Canna France)

328

In a judgment delivered on 16 January 2020the newly composed Chamber 5-7 of the Paris Court of Appeal - Frédérique Schmidt, Agnès Maitrepierre and Sylvie Tréard - confirmed Decision No. 18-D-26 of 20 December 2018. 365,000, following a report made by the DGCCRF and a referral on its own initiative, (...)

Alain Ronzano Environmental protection: The General Court of the European Union confirms the existence of aid measures consisting in the assumption by the State of costs relating to environmental protection which are borne in whole or in part by a mining company (Iberpotash)

212

On 16 January 2020, the Court of First Instance of the European Union delivered a judgment in Case T-257/18 (Iberpotash, SA v. European Commission).. At the end of this judgment, the Court of First Instance dismisses in all respects the action brought by the beneficiary of State aid (...)

Alain Ronzano Formal investigation procedure: Advocate General Kokott calls on the Court of Justice to annul the judgment of the General Court recognising the Commission’s right to order a Member State to suspend the implementation of a possible aid measure at the same time as it opens a formal investigation procedure under Article 108(2) TFEU (Hungary / European Commission)

150

On 16 January 2020, Advocate General Kokott delivered his Opinion in Case C-456/18 (Hungary v European Commission).. In the present case, the appeal is directed against thejudgment delivered on 25 April 2018 in Joined Cases T-554/15 and T-555/15 (Hungary v Commission). in favour of which the (...)

Alain Ronzano Healthcare: The French Competition Authority wants to allow health professionals to promote their activities and skills and to communicate about their prices, as long as this does not amount to aggressive advertising

70

On 15 June 2020, the Competition Authority published online an opinion n° 19-A-18 of 31 December 2019. drafted at the request of the Minister of the Economy, under the terms of which it expresses strong reservations on six draft decrees amending the codes of ethics of certain health professions (...)

Alain Ronzano New Caledonia: The New Caledonian Competition Authority obtains that appeals against its non-contentious decisions are brought directly before the Paris Administrative Court of Appeal (Decree No. 2019-1502)

169

Following steps taken by the New Caledonian Competition Authority (ACNC), the French State has decided to reform the code of administrative justice so that appeals against ACNC’s non-contentious decisions (concentration, commercial area, restrictive commercial practice) can be brought directly (...)

Alain Ronzano Clearance: The French Competition Authority clears the creation of a public bancassurance centre (La Poste, CNP Assurances / La Caisse des dépôts et consignations)

171

On 21 February 2020, the Competition Authority made public 6 new merger clearance decisions. These decisions include Decision No. 19-DCC-270 of 30 December 2019. in favour of which the French Competition Authority has unconditionally authorised, on the one hand, Banque Postale to take control (...)

Alain Ronzano Reform: The French National Assembly’s Committee on European Affairs tables its information report on European competition law facing the challenges of globalisation

243

In the light of the Alstom/Siemens case, the National Assembly’s report on European competition law in the face of the challenges of globalisation advocates a radical reform of European merger control. After a presentation on 27 November 2019 by its authors, MEPs Patrice Anato and Constance Le (...)

Alain Ronzano New Caledonia: The New Caledonian Competition Authority issues its first sanction decision regarding the maintenance of exclusive import agreements (Kone Elevators, Otis)

194

On 26 December 2019, the newly established New Caledonian Competition Authority issued its first sanctioning decision.. This concerns a practice aimed at maintaining exclusive import agreements, sometimes accompanied by a non-competition clause, in violation of Article Lp. 421-2-1 of the (...)

Alain Ronzano Equal treatment: The Court of Justice of the European Union holds that European producers did not enjoy more favourable treatment than Japanese and South Korean producers in the power cable cartel case (Viscas; Furukawa Electric; Fujikura)

252

On 19 December 2019, the Court of Justice of the European Union delivered three judgements in cases C-582/18 (Viscas Corp.), C-582/18 (Viscas Corp.), C-582/18 (Viscas Corp.) and C-582/18 (Viscas Corp.).C-589/18 (Furukawa Electric Co. Ltd) and C-590/18 (Fujikura Ltd) regarding the "Japanese" (...)

Alain Ronzano Notion of State aid: The Court of Justice ruled that both the allocation of a sum of money to a public undertaking in serious financial difficulties and the transfer of the entire shareholding held by a Member State in the capital of that undertaking to another public undertaking may be classified as ’State aid’ (Arriva Italia, Ferrotramviaria, Consorzio Trasporti Aziende Pugliesi)

269

The Court of Justice ruled that both the allocation of a sum of money to a public undertaking in serious financial difficulties and the transfer of the entire shareholding held by a Member State in the capital of that undertaking to another public undertaking, without consideration but subject (...)

Alain Ronzano Compatible State aid: The General Court of the European Union finds inadmissible the action against the Commission’s decision classifying the rescue measure for a Portuguese bank in difficulty as State aid compatible with the internal market (BPC Lux 2)

148

On 19 December 2019, the Court of the Union, ruling on a reference after cassation, handed down a judgment in case T-812/14 RENV (BPC Lux 2 Sàrl v. European Commission).. On 7 November 2018, the Court of Justice of the European Union delivered a judgment in case C-544/17 (BPC Lux 2 and others v (...)

Alain Ronzano Abuse of dominant position: The French Competition Authority fines the dominant operator in the online advertising market for abuse of a dominant position (Google)

587

Let’s start with Decision No. 19-D-26 of 19 December 2019 for which the Authority fined Google €150 million for abuse of a dominant position. He was subdued on reading the Authority’s statement . This was confirmed after reading the decision itself: the way in which Google implemented the (...)

Alain Ronzano Clearance: The French Competition Authority unconditionally authorises the acquisition of sole control as part of a business diversification strategy (La Poste / Softeam)

164

In recent days, the Competition Authority has put 33 new merger clearance decisions online, including 21 simplified decisions. These decisions include Decision No. 19-DCC-259 of 18 December 2019. in favour of which the Competition Authority unconditionally authorised the La Poste group to take (...)

Alain Ronzano Exchange of information: The French Competition Authority sanctions four historical issuers of restaurant vouchers for their participation in two cartels for a total amount of nearly €415 million (Edenred France / Up / Natixis Intertitres / Sodexo Pass France)

315

Let us now turn to Decision No. 19-D-25 of 17 December 2019. . for which the Authority imposed sanctions totalling nearly €415 million on the four historical issuers of restaurant securities, as well as their joint body, the Central Securities Settlement Office (CRT), for their participation in (...)

Alain Ronzano Admissibility: The European Court of Human Rights declares admissible an application concerning the absence of an effective remedy against decisions of the Authority’s rapporteur refusing to grant business secrecy or lifting it (FILMM / France)

173

On 13 December 2019, the European Court of Human Rights (ECHR) indicated that it found the application lodged - in 2012 - admissible. - by the Union of Manufacturers of Manufactured Mineral Wools - the FILMM. In doing so, the application of the FILMM, which has thus passed the first (...)

Alain Ronzano Private enforcement: The Court of Justice of the European Union states that any damage having a causal link with an infringement of Article 101 TFEU must be capable of giving rise to compensation (Otis)

648

The Court of Justice of the European Union ruled that any damage having a causal link with an infringement of Article 101 TFEU must be capable of giving rise to compensation, including where persons do not operate as a supplier or as a buyer on the market concerned, but have granted subsidies, (...)

Alain Ronzano Preferential tariff: The Court of Justice of the European Union dismisses in all respects the appeal brought by the aid beneficiary in the case concerning the preferential electricity tariff granted to a Greek electricity company (Mytilinaios Anonymi Etairia / Omilos Epicheiriseon)

143

On 11 December 2019, the Court of Justice of the European Union delivered a judgment in Case C-332/18 (Mytilinaios Anonymi Etairia v. Omilos Epicheiriseon).. In that case, the applicant, an aluminium producer in Greece, is an electro-intensive industrialist who obtained as early as 1960, well (...)

Alain Ronzano Dawn raids: The First President of the Paris Court of Appeal confirms the validity of the authorisation and the carrying out of dawn raids in the notarial sector (ADSN, CSN)

207

On 11 December 2019, the First President of the Paris Court of Appeal issued two orders concerning appeals against the conduct of inspections and seizures in a case concerning the notarial sector. Thanks to Jamal Henni for communicating these two orders. Suspecting various notarial bodies, as (...)

Alain Ronzano Parity clause: The French Competition Authority rejects the referral concerning the tariff parity clauses implemented in the online hotel reservation sector (Expedia / HRS )

618

On 13 December 2019, the Competition Authority issued Decision No 19-D-23 of 10 December 2019 in favour of which it intends to put an end to the affair of tariff parity clauses in force in the online hotel reservation sector. It will be remembered that following a referral in 2013 by several (...)

Alain Ronzano New Caledonia: The Competition Authority of New Caledonia is in favour of the generalised cap on the margins of all companies offering products or services as of 1 October 2019 (Support for the growth of the New Caledonian economy)

132

On 9 December 2019, the New Caledonian Competition Authority published an opinion no. 2019-A-05 of 6 December 2019 on the preliminary draft law of the country to support the growth of the Caledonian economy, which envisages in article 42 of the text to introduce the more liberal "quality-price (...)

Alain Ronzano Reform: The French Government reviews the system for simplifying competition procedures without making any major substantive change (Draft law on audiovisual communication and cultural sovereignty in the digital age)

230

The bill relating to audiovisual communication and cultural sovereignty in the digital era was presented to the Council of Ministers on Thursday, December 5, 2019. It is accompanied by its impact study . The Government has initiated the accelerated procedure on this text. on December 5, 2019. (...)

Alain Ronzano French Polynesia: The first president of the Court of Appeal of Papeete revokes an authorization order of the judge of freedom and detention for a manifest violation of the contradictory (J.L. Polynésie / Polynesian Competition Authority)

239

What is happening in the kingdom of the Polynesian Competition Authority (bis)? By Order dated December 4, 2019 by the first president of the Court of Appeal of Papeete, the APC faces another setback, the third in the institution’s very young history (the first contentious decision of the APC (...)

Alain Ronzano Annulment: The Court of Justice of the European Union partially annuls a judgment of the General Court and a Commission’s decision in the electricity cable cartel case by finding a reversal of the burden of proof (Brugg Kabel, Kabelwerke Brugg...)

446

On 28 November 2019, the Court of Justice of the European Union delivered three judgments in cases C-591/18 (Brugg Kabel AG and Kabelwerke Brugg AG Holding).C-593/18 (ABB Ltd and ABB AB) and C-596/18 (LS Cable & System Ltd) regarding three new aspects of the wire cartel. It will be (...)

Alain Ronzano Digital platforms: The French Treasury Directorate General argues for ’asymmetric’ ex ante regulation at European level of ’structuring’ platforms in its study entitled ’Digital platforms and competition’

376

This month’s issue 250 of the Treasury’s electronic magazine, "Trésor-Éco", is devoted to the theme: "Digital platforms and competition".. It has been online since November 26, 2019. We owe this study to Marion Panfili. This study is a good summary of the issues that have emerged with the advent (...)

Alain Ronzano French Polynesia: The Polynesian Competition Authority issues a decision to dismiss the case in the surveillance and guarding sector (Haumani Sécurité / Jurion Protection, Tahiti Vigiles)

368

What happens in the realm of the Polynesian Competition Authority? On November 28, 2019, the PCA issued its second contentious decision. since its creation in 2015, which is dated 26 November 2019. Two decisions in all... And while the first one - the decision of August 22, 2019 - is (...)

Alain Ronzano Competition policy: The Rapporteur of the Committee on Economic and Monetary Affairs Stéphanie Yon-Courtin urges the Commission to strengthen its competition policy on the effects of globalisation and on the digital sector

316

On the publication of his draft report delivered on behalf of the Committee on Economic and Monetary Affairs of the European Parliament on the Annual Report on Competition Policy in the European Union, dated 26 November 2019, (Renaissance) Stéphanie Yon-Courtin MEP (Renaissance) urges the (...)

Alain Ronzano Licensing: The French Competition Authority launches a market test on proposed remedies in the manufacturing and marketing of game console compatible controllers (Sony)

191

On 22 November 2019, the Competition Authority launched a market test of one month on the proposed commitments by Sony Europe on the process of formally licensing the manufacture and marketing of controllers compatible with the Playstation 4 game console. The Authority was approached more (...)

Alain Ronzano Act of State: The French Competition Authority declares itself incompetent to know the access tariffs to Beauvais airport charged by its manager to bus carriers (Passenger transport by bus)

240

On 25 November 2019, the Competition Authority posted online Decision No. 19-D-22 of 22 November 2019 on practices in the coach passenger transport sector. Seizure in parallel with a dispute before ARAFER by the company Fréthelle, active in public road passenger transport, concerning the access (...)

Alain Ronzano Excessive prices: The Paris Court of Appeal reformes almost entirely the emblematic decision on the disposal of infectious waste in Corsica (Sanicorse, Cesarini Group)

823

A serious setback has just been suffered by the French Competition Authority before Chamber 5-7 of the Paris Court of Appeal in the emblematic case, in more than one respect, of the disposal of waste from health care activities with an infectious risk in Corsica. By judgment of 14 November (...)

Alain Ronzano Notification: The Court of Justice of the European Union states that national legislation modifying an aid scheme by reducing the number of beneficiaries is, in principle, subject to the notification requirement (Dilly’s Wellnesshotel)

224

On 14 November 2019, the Court of Justice of the European Union delivered a judgment in Case C-585/17 (Dilly’s Wellnesshotel).following a reference for a preliminary ruling by the Austrian Administrative Court on the interpretation of Article 108(3) TFEU, but also of the General Block Exemption (...)

Alain Ronzano Single and continuous infringement: The General Court of the European Union halves the fine imposed on a company in the case of the car battery recycling cartel (Campine)

580

On 7 November 2019, the Court of First Instance of the European Union delivered a judgment in a case concerning concerning the concepts of single and continuous infringement and single and repeated infringement, in Case T-240/17 (Campine NV and Campine Recycling NV v European Commission). By (...)

Alain Ronzano State aid notion: The Court of Justice of the European Union confirms that the establishment of a platform dedicated to the electronic award of public contracts does not fall within the notion of State aid, since the activity pursued is not of an economic nature, but must be considered as an act of public power (Aanbestedingskalender)

371

On 7 November 2019, the Court of Justice of the European Union delivered a judgment in Case C-687/17 (Aanbestedingskalender BV and others).. It dismisses the appeal brought by the appellants, who are service providers in the field of electronic public procurement in the Netherlands, against (...)

Alain Ronzano Remedies: The French State Council confirms the €20 million fine imposed on a distributor of electronic products for non-compliance with a structural remedy that conditions the clearance of their merger (Fnac / Darty)

263

In a judgment delivered on 7 November 2019In its decision of 27 July 2018, the Conseil d’État, dismissing the action brought by Fnac Darty in its entirety, upheld the fine of EUR 20 million imposed on the distributor by the Competition Authority in a decision of 27 July 2018.for non-compliance (...)

Alain Ronzano Cover offer: The DGCCRF puts an end to a punctual practice of coverage offer identified in the masonry works sector in the Alpes Maritimes department (Gastaud / Sud Bâtiment)

2744

Following an investigation carried out in 2017, the DGCCRF put an end to an illegal cartel practice. The project is being carried out by companies specialising in masonry work as part of the contract for maintenance and repair work in public schools launched by the Alpes-Maritimes Departmental (...)

Alain Ronzano Cover offer: The French DGCCRF puts an end to a new practice of covering offer between installers of safety equipment in tobacco shops in the Centre-Val de Loire region (Altevie)

177

New opus in the saga of coverage offers between installers of security equipment in tobacco shops... on 29 October 2019, the DGCCRF published its tenth decision. of local PACs regarding practices of coverage offers implemented by several installers of safety equipment in tobacco shops. After (...)

Alain Ronzano Amende: The French Competition Authority sanctions a group of carriers up to €3.8 million for customer allocation within the network and tightens the conditions for applying the transaction procedure (Astre)

251

On 28 October 2019, the Competition Authority issued Decision No 19-D-21 by which it imposed a fine of EUR 3,8 million on the Astre group of carriers for a practice of allocating customers within the network for more than 20 years and clarified the conditions for the application of the (...)

Alain Ronzano Commitments: The French Competition Authority significantly eases the constraints on a telecommunications operator by noting the market’s shift in favour of fibre deployment to the detriment of cable (Altice / SFR)

174

By simple press release posted online on October 28, 2019The Competition Authority, taking note of market developments marked by the deployment by retail operators, and in particular Orange, of their optical fibre network, which significantly reduces the risk of pre-emption in cabled areas, (...)

Alain Ronzano Sole control: The French Competition Authority publishes the decision clearing an acquisition of sole control in the sectors of production and marketing of profiled metal sheets and flat and finished carbon steel products (Bacacier / Kingspan)

115

On 11 December 2019, the Competition Authority issued Decision No 19-DCC-203 of 28 October 2019, in which it found that the new entity would have market shares well below 25 %, irrespective of the exact delineation of the markets concerned. by which it authorised the acquisition of sole control (...)

Alain Ronzano Incompatible aid: The General Court of the European Union confirms the existence of "overcompensation" of a motorway concessionaire in the case of the elimination of double taxation on heavy goods vehicles in Poland (Autostrada Wielkopolska)

221

On 24 October 2019, the Union Court of First Instance delivered a judgment in Case T-778/17 (Autostrada Wielkopolska S.A. v. European Commission).. It dismissed in its entirety the action brought by the concessionaire of the A2 motorway between Nowy Tomyśl and Konin, Poland, against the (...)

Alain Ronzano Incompatible aid: Advocate General Øe suggests that the Court of Justice should uphold the judgment of the General Court of the European Union concerning the incompatibility of several aid measures implemented by the Greek State in favour of a company in difficulty (Larko Geniki Metalleftiki kai Metallourgiki)

349

On 24 October 2019, Advocate General Henrik Saugmandsgaard Øe delivered his Opinion as follows in Case C-244/18 (Larko Geniki Metalleftiki kai Metallourgiki AE v Commission of the European Communities) It will be recalled that in a judgment rendered on February 1, 2018 in Case T-412/14 (Larko (...)

Alain Ronzano Dematerialized procedure: The French Competition Authority launches a dematerialized procedure for the pre-notification and notification of takeovers or mergers under the simplified regime (Modernization of merger control)

217

By press release of 18 October 2019the Competition Authority has announced that it is launching a paperless procedure for the pre-notification and notification of takeovers or mergers which currently fall under the simplified regime, i.e. transactions which are not likely, on first analysis, to (...)

Alain Ronzano Admissibility: The Court of Justice of the European Union confirms, in the bioethanol and ethanol cases, the inadmissibility of an action to assess the decision ordering inspections in the light of their progress (Alcogroup, Alcodis)

445

On 17 October 2019, the European Court of Justice delivered a judgment in Case C-403/18 (Alcogroup and Alcodis v Commission).. The Court rejects the appeal by Alcogroup and its subsidiary Alcodis seeking the annulment of thejudgment delivered on 10 April 2018 in Case T-274/15. Suspecting a (...)

Alain Ronzano Selective distribution: The Paris Court of Appeal amends a decision of the French Competition Authority in the case of the prohibition, for safety reasons, of the distance sale of chainsaws and other brushcutters (Stihl)

854

On 17 October 2019, Chamber 5-7 of the Paris Court of Appeals delivered its judgement in the case of the prohibition, justified on safety grounds, of the distance selling of chainsaws and other brush cutters of the brand Stihl. In a questionable ruling that is not free of contradictions, the (...)

Alain Ronzano Access to documents: The CADA considers that the contributions to the public consultation opened by the Authority for the preparation of its opinion for the establishment of the notaries’ installation card are covered by the secrecy of the documents drawn up or held in the exercise of its powers of investigation, instruction and decision

131

Still on the subject of the profession of notary, the Commission d’accès aux documents administratifs - the CADA - issued two opinions on 17 October 2019 in the same terms concerning access to documents in the possession of the Competition Authority. These are opinions No. 20191469 and No. (...)

Alain Ronzano Excessive prices: The Paris Court of Appeal orders a stay of execution of the Polynesian Competition Authority’s decision in the beverage refrigeration service case (Wane)

375

The First President of the Paris Court of Appeal orders the suspension of the execution of the decision of the Polynesian Competition Authority in the Beverage Refrigeration Service case on the ground that there is a serious risk of that decision being annulled, in particular because of the (...)

Alain Ronzano Jurisdiction: The Paris Court of Appeal confirms the French Competition Authority’s lack of jurisdiction to hear practices implemented by the Limoges Bar Association when exercising public power (AGN Avocats / L’ordre des avocats au barreau de Limoges)

320

On 10 October 2019, Chamber 5-7 of the Paris Court of Appeal delivered a judgment in one of the cases concerning practices implemented by certain bar associations, namely. In this case, the Court ruled on the action brought by AGN Avocats against Decision No. 18-D-18 dated 20 September 2018.. (...)

Alain Ronzano Loi Lurel: The French Competition Authority fines the maintenance, after the entry into force of the Lurel Act, of an agreement containing exclusive import rights in the French overseas territories (Procter & Gamble / Coty / Chanel)

570

On October 8, 2019, the French Competition Authority issued a new decision sanctioning the maintenance, after the entry into force of the Lurel Act on March 22, 2013, of an exclusive import agreement in the overseas collectivities. This is the second decision adopted on the same basis under (...)

Alain Ronzano Competition policy: The Council of the European Union formally adopts new rules on the protection of whistleblowers (Protection of persons who report breaches of Union law)

219

On 7 October 2019, the Council of the European Union formally adopted the new rules on the protection of whistleblowers. The text of the Directive should be published in the Official Journal of the European Union in the coming days. Member States will then have two years to transpose the new (...)

Alain Ronzano Competition policy: The BEUC suggests that the burden of proof that the merger does not distort competition should be placed on companies, in order to avoid killer acquisitions

364

On 2 October 2019, the European Consumers’ Organisation (ECB) published a report entitled "The Role of Competition Policy in Protecting Consumers’ Well-being in the Digital Era".The European consumer protection organisation has drawn up an inventory of digital markets, emphasising the specific (...)

Alain Ronzano Jurisdiction: Advocate General Hogan asks the Court of Justice of the European Union to declare itself incompetent to give a preliminary ruling on on the Spanish tax depreciation of financial goodwill in the case of foreign shareholdings (Banco de Santander)

361

On 1 October 2019, Advocate General Gerard Hogan delivered his Opinion in Case C-274/14 (Banco de Santander SA). following a reference for a preliminary ruling from the Spanish Central Economic Administrative Court. The reference for a preliminary ruling in question mainly concerns the (...)

Alain Ronzano Fine: The French Competition Authority fines the architectes association for setting up a scale accompanied by a price policy for the construction of public works in France (Architectural services)

191

By Decision No. 19-D-19 of September 30, 2019The Competition Authority, which took up the matter ex officio at the stage of transmission of several investigation reports by the DGCCRF, sanctioned the Order of Architects - directly or via four of its regional councils (CROA), those of (...)

Alain Ronzano Sole control: The French Competition Authority clears, under conditions, a takeover of sole control in the wholesale distribution of food and non-food products (NDIS / SAFO)

135

In the last few days, the Competition Authority has put 6 new merger clearance decisions online, including 4 simplified decisions. These decisions include Decision No. 19-DCC-180 of 27 September 2019. by which the Competition Authority authorised, subject to commitments, the acquisition by (...)

Alain Ronzano Sole control: Advocate General Tanchev asks the Court of Justice of the European Union to annul a Commission’s decision imposing a fine of EUR 10 million on a Norwegian salmon farmer (Marine Harvest)

315

Taking the view that the Court of First Instance infringed the principles governing the concurrence of infringements, when only the implementation of a concentration before the Commission’s approval could be sanctioned, Advocate General Tanchev calls on the Court of Justice to annul the (...)

Alain Ronzano Price fixing: The General Court of the European Union essentially confirms the Commission’s decision to sanction the cartel on the price fixing of interest rate derivatives in euro, but partially annuls the decision for insufficient reasoning in the calculation of the fine (HSBC)

288

On 24 September 2019, the General Court of the European Union delivered a judgment in Case T-105/17 (Press and Information HSBC Holdings plc and Others v European Commission).. It will be recalled that, following a leniency application by Barclays Bank in 2011, the Commission, in a decision (...)

Alain Ronzano Sanction: The General Court of the European Union dismisses the action against the Commission’s decision imposing the same penalty in the envelope cartel case after the General Court’s partial annulment of the original decision (Printeos)

330

On 24 September 2019, the General Court of the European Union delivered a judgment in Case T-466/17 (Printeos and Others v. European Commission).. Dismisses the action brought against the Commission’s decision of 16 June 2017 in that case.. It will be remembered that the first judgment, in (...)

Alain Ronzano Existing aid: The General Court of the European Union dismisses an appeal against a Commission’s decision qualifying of State aid the authorisation to pursue operations given by the Slovak State to a bankrupt company (Fortischem)

196

On 24 September 2019, the General Court of the European Union delivered a judgment in Case T-121/15 (Fortischem a.s. v. European Commission).. Dismisses the action brought against the Commission’s decision of 15 October 2014 in that case.The Commission has received a complaint from the Slovak (...)

Alain Ronzano Incompatible aid : The General Court of the European Union confirms a Commission’s decision finding that the aid scheme exempting Belgian ports from corporation tax is incompatible (Port autonome du Centre et de l’Ouest ; Port de Bruxelles ; Havenbedrijf Antwerpen)

283

Same motive, same punishment. After the derogatory tax regime for French ports, it was the turn of the tax regime favourable to Belgian ports to be subjected to the sagacity of the Court of First Instance of the European Union. On 20 September 2019, the latter delivered three judgments, which (...)

Alain Ronzano Compatible aid: The General Court of the European Union confirms a Commission’s decision declaring the Czech scheme for the promotion of electricity produced from renewable energy sources compatible with the internal market (FVE Holýšov I)

288

On 20 September 2019, the Court of First Instance of the European Union, in its judgment in Case T-217/17 (FVE Holýšov I v. European Commission), ruledThe Court of First Instance, upholding the Commission’s decision of 28 November 2016 qualifying the Czech scheme for the promotion of electricity (...)

Alain Ronzano Banking sector: The General Court of the European Union annuls a decision concerning the State aid implemented by Denmark for the disposal of the real estate assets of a bank in financial difficulty, but essentially confirms the Commission’s calculation of the aid (FIH)

199

On 19 September 2019, the Court of First Instance of the European Union delivered a new judgment in the case of State aid in favour of the Danish bank FIH. It will be remembered that by order of March 6, 2018 in Case C-579/16 (European Commission v FIH Holding A/S, FIH Erhvervsbank A/S), the (...)

Alain Ronzano Illegal aid: The Commercial Chamber of the French Civil Supreme Court classifies as illegal State aid the mechanism obliging the dominant French electricity producer to buy back electricity of photovoltaic origin at a price higher than the market price (EDF)

260

In six rulings handed down on 18 September 2019, the Commercial Chamber of the Court of Cassation confirmed that the scheme obliging EDF to buy back photovoltaic electricity at a price higher than the market price, implemented by the decree of 12 January 2010, constitutes illegal state aid as (...)

Alain Ronzano State aid: The General Court of the European Union dismisses all actions against the Commission’s ’alumina II decision’ (Italian Republic, Eurallumina; Ireland, Aughinish Alumina)

200

On 17 September 2019, the General Court of the Union delivered two judgments in Joined Cases T-119/07 and T-207/07 (Italian Republic and Eurallumina SpA v Commission). and in Joined Cases T-129/07 and T-130/07 (Ireland and Aughinish Alumina Ltd v Commission) in the actions for annulment, in (...)

Alain Ronzano Commitments: The French Competition Authority considers that a multinational group has fulfilled the commitments made in a takeover on the wholesale market for corporate telecoms (SFR / Altice)

194

By press release of 6 September 2019On March 15, 2018, the French Competition Authority announced that it was closing the ex officio referral that it had opened on March 15, 2018 to ensure compliance with the commitments made by Altice France, when it acquired SFR, concerning the divestiture of (...)

Alain Ronzano Notion of restriction: Advocate General Bobek proposes a clear reading grid to determine whether there is a restriction by object or whether the effects of a behaviour should be analysed (Gazdasági Versenyhivatal / Budapest Bank)

611

On 5 September 2019, Advocate General Michal Bobek delivered his Opinion in Case C-228/18 (Gazdasági Versenyhivatal v Budapest Bank Nyrt. and Others).following a reference for a preliminary ruling from the Kúria, the Hungarian Supreme Court. We would recommend that you read these conclusions (...)

Alain Ronzano Sole control: The French Competition Authority authorises the sole control of a hosting business on passive mobile telephony equipment infrastructures (Iliad 7 / Cellnex France)

194

In the last few days, the Competition Authority has put 7 new merger clearance decisions online, including 5 simplified decisions. These decisions include Decision No. 19-DCC-169 of 30 August 2019. pursuant to which the Competition Authority authorises Spanish TowerCo Cellnex to acquire sole (...)

Alain Ronzano Polynesia: The Polynesian Competition Authority sanctions, within a first contentious decision, an abuse of a dominant position linked to the practice of excessive prices (Wane)

262

In a decision released on August 22, 2019The Polynesian Competition Authority has for the first time imposed sanctions for abuse of a dominant position. This is even the first contentious decision adopted by the PCA. Moreover, this decision, which is not without some reservations, sanctions (...)

Alain Ronzano Relevant market: The French Competition Authority delimits the relevant markets by examining for the first time the acquisition of a professional football club (Ineos / OGC Nice)

478

On 18 September 2019, the Competition Authority issued Decision No 19-DCC-160 of 21 August 2019 in favour of which it authorised, without conditions, the takeover of the OGC Nice football club by the British group INEOS, which already owns FC Lausanne-Sport, which plays in the Swiss second (...)

Alain Ronzano Admissibility: The French Competition Authority validates rules implemented by online payment service providers to combat the distribution of infringing content and illegal downloading (Dstorage / Visa / Mastercard)

437

On 31 July 2019, the Competition Authority issued Decision No. 19-D-18(FR) I would like to take this opportunity to thank the rapporteur-general, Irène Luc, who chaired the meeting, and the rapporteur-general himself, for his speech on the practices implemented in the bank card payment sector. (...)

Alain Ronzano Selective distribution: The Paris Court of Appeal states that an authorised distributor has no vested right to the indefinite continuation of a selective distribution contract (Hyundai)

513

In a judgment delivered on 31 July 2019under the chairmanship of Laurent Bedouet, Counsellor acting as President, Chamber 5-4 of the Paris Court of Appeal has come to affirm in a somewhat peremptory manner that an authorised distributor has no acquired right to the indefinite continuation of a (...)

Alain Ronzano Fine: The French Competition Authority sanctions, up to €24,000, one producer and two wholesalers-resellers of liquid fertilisers in the last part of the case of the coordination on the price of liquid fertilisers for above-ground production dedicated to domestic cultivation (Agrotechniek, C.I.S, Hydro Factory / Hydro Logistique)

307

It will be recalled that on 20 December 2018, the Competition Authority adopted Decision No. 18-D-26 under the terms of which, following a report by the DGCCRF and a referral on its own initiative, it had sanctioned several companies active in the marketing of liquid fertilisers for (...)

Alain Ronzano Notification: The Court of Justice considers that the Commission may limit the amount of a notified State aid to the difference between the costs of an investment in the region concerned and those of an investment in another region without having to demonstrate that the part of the aid exceeding the difference in costs would distort competition (BMW)

265

On 29 July 2019, the European Court of Justice delivered a judgment in Case C-654/17 (Bayerische Motoren Werke AG and Freistaat Sachsen v. European Commission).. It concludes that the appeal brought by BMW in the case of aid for the construction of a plant in Leipzig against thejudgment (...)

Alain Ronzano Recovery: The Court of Justice of the European Union considers, provided that the relevant market was effectively open to competition, that the obligation to recover incompatible aid applies to a company which provides, on the basis of a direct and exclusive allocation by a municipality, local public transport services (INPS / Azienda Napoletana Mobilità)

214

On 29 July 2019, the Court of Justice of the European Union delivered a judgment in Case C-659/17 (Istituto nazionale della previdenza sociale (INPS) v Azienda Napoletana Mobilità SpA), which follows a reference for a preliminary ruling from the Social Chamber of the Italian Court of Cassation.. (...)

Alain Ronzano Private enforcement: Advocate General Juliane Kokott considers that the right to compensation for damage caused by a cartel should be extended to State lenders who grant subsidised loans to purchasers of cartel members (Otis)

464

On 29 July 2019 Advocate General Juliane Kokott delivered her Opinion in Case C-435/18 (Otis Gesellschaft m.b.H. and Others v Land Oberösterreich and Others).which follows a reference for a preliminary ruling from the Austrian Supreme Court. As a result of the cartel in the elevator sector, the (...)

Alain Ronzano Private enforcement: The European Commission launches a public consultation on a draft notice to help national courts deal with requests for disclosure of confidential information in antitrust damages actions

301

On 29 July 2019, the European Commission launched a public consultation, which will close on 18 October 2019, on a draft Communication to assist national courts in dealing with requests for disclosure of confidential information in private actions for damages for competitive harm. In this (...)

Alain Ronzano Essential facilities: The French Competition Authority rejects a referral for lack of sufficiently convincing evidence in a case relating to practices implemented in the fuel sector in the Reunion Island (CCIRPP)

225

On 25 July 2019, the Competition Authority posted online a decision No. 19-D-16 issued on 24 July 2019The meeting was chaired by the new vice-president, Irène Luc, and followed by a presentation by the general rapporteur himself on practices implemented in the fuel sector in Reunion Island. The (...)

Alain Ronzano Commitments: The French Competition Authority clears, subject to structural commitments, a takeover of sole control in the magazine publishing sector (Mondadori / Reworld Media)

188

On 5 September 2019, the Competition Authority posted online Decision No. 19-DCC-141 of 24 July 2019 by which it authorises, subject to a commitment of a structural nature, the acquisition of exclusive control of Mondadori France by Reworld Media in the magazine publishing sector, the operation (...)

Alain Ronzano Dominant position: The European Commission imposes a €4.34 billion fine on the dominant search engine operator on Android mobile devices for strengthening its dominance (Google)

568

On September 20, 2019, the Commission made public the decision adopted on July 18, 2018. which, it will be recalled, fined Google €4.34 billion for abusing its dominant position not only in the market for general internet search services but also in the market for licensed intelligent mobile (...)

Alain Ronzano Sole control: The French Competition Authority clears, without conditions, an acquisition of sole control on the markets for book sales and toy distribution (Nature & Découvertes / Fnac Darty)

196

In recent days, the Competition Authority has posted 17 new merger clearance decisions online, including 16 simplified decisions. These decisions include Decision No. 19-DCC-132 of 16 July 2019. in favour of which the French Competition Authority unconditionally authorised the acquisition of (...)

Alain Ronzano Tender offer: The General Court of the European Union fully confirms a Commission’s decision detecting a cartel on the market for optical disk drives (Sony, Quanta, Toshiba Samsung)

424

On 12 July 2019, the General Court of the European Union delivered five judgments in cases T-762/15 (Sony and Sony Electronics v. European Commission).T-763/15 (Sony Optiarc and Sony Optiarc America v European Commission), T-772/15 (Quanta Storage v European Commission)T-1/16 (Hitachi-LG Data (...)

Alain Ronzano Compatible aid: The General Court of the European Union confirms a Commission’s decision qualifying as new aid, unlawful but compatible, investment subventions granted by the Île-de-France Region to bus transport companies (Keolis ; Transdev...)

361

On 12 July 2019, the General Court of the European Union delivered six judgments in cases T-289/17 (Keolis CIF and others v. European Commission).T-291/17 (Transdev and Others v Commission), T-292/17 (Île-de-France Region v European Commission)T-309/17 (Optile v European Commission)T-330/17 (...)

Alain Ronzano Annulment: The General Court of the European Union annuls a Commission’s decision for not stating sufficient reasons (CCPL; Italmobiliare; Huhtamaki; Silver Plastics)

394

On 11 July 2019, the General Court of the European Union delivered four judgments in cases T-522/15 (CCPL and others v. European Commission).T-523/15 (Italmobiliare and Others v European Commission)T-530/15 (Huhtamaki and Others v European Commission) and T-582/15 (Silver Plastics and Others v (...)

Alain Ronzano Inadmissibility: The General Court of the European Union finds that an action against a Commission’s decision concerning the measures in favour of Marseille Provence airport is inadmissible because of the lack of individual and substantial affectation of the claimant’s competitive position (Air France)

238

On 11 July 2019, the Court of First Instance of the European Union delivered a judgment in Case T-894/16 (Air France v. European Commission).. The Court of First Instance finds that the action brought by Air France against the Commission’s decision of 20 February 2014 is inadmissible. (...)

Alain Ronzano Sanction: The Paris Court of Appeal reduces the penalty imposed on a pharmaceutical company by €4 million, but essentially confirms the French Competition Authority’s analysis on the delay in generic entry (Janssen-Cilag, Johnson & Johnson)

713

On 11 July 2019, the Paris Court of Appeal handed down a ruling in the case of the delay in the entry of generics of Durogesic. It will be recalled that by a decision rendered on December 20, 2017In its decision of 25 March 2008, the Competition Authority sanctioned the laboratory (...)

Alain Ronzano Fine: The Court of Justice of the European Union confirms the General Court’s approach to the insufficient reasoning for the calculation of the fine imposed on the facilitator of the cartel on interest rate derivatives denominated in yen (Icap)

355

On 10 July 2019, the Court of Justice of the European Union delivered its judgment in Case C-39/18 (European Commission v. NEX International Limited and others).. It rejects the Commission’s appeal in its entirety and thus confirms the approach adopted by the Court of First Instance of the (...)

Alain Ronzano Personal data: The French Competition Authority and six other French regulators publish the result of their joint reflection on "data regulation” (New regulation methods)

309

On 8 July 2019, seven economic regulators - the Autorité de la concurrence, AMF, Arafer, Arcep, CNIL, CRE and CSA - published the results of a joint study on "data-based regulation" in a 12-page note entitled "New methods of regulation: data-based regulation".. The approach of regulation by (...)

Alain Ronzano Substantial change: Advocate General Tanchev considers that the obligation to invite interested parties to submit their comments in the context of State aid proceedings, following a substantial change in the legal framework, only exists if that substantial change is likely to have an impact on the decision (Gmina Miasto Gdynia)

170

On 4 July 2019, Advocate General Evgeni Tanchev delivered his Opinion in Case C-56/18 (European Commission v. Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo).. He suggests that the Court should set aside thejudgment of 17 November 2017. in Case T-263/15 (Gmina Miasto Gdynia and Port (...)

Alain Ronzano Competition policy: The French Competition Authority makes 19 recommendations to reduce substantial price differences between French overseas and metropolitan France, in particular by developing e-commerce, and charges back to the structural injunction (Functioning of competition in French overseas)

208

On 4 July 2019, Isabelle De Silva, President of the Competition Authority, presented Annick Girardin, Minister for Overseas France, and Agnès Pannier-Runacher, Secretary of State to the Minister for the Economy, withNotice No. 19-A-12 on the functioning of competition in Overseas France.. Drawn (...)

Alain Ronzano Fine: The Paris Court of Appeal significantly reduces the fines imposed by the French Competition Authority, taking into account the ability of companies to pay, the short duration of participation in the cartel and the existence of price regulation until 1978 (Goodmills)

626

Following a judgment delivered on 4 July 2019on referral back after cassation and after the shutdown procedure the Paris Court of Appeal essentially confirms Decision No. 12-D-09 delivered on 13 March 2012 in the Flour case, under which the Competition Authority had fined EUR 242.6 million in (...)

Alain Ronzano Transparency: The French Ministry of Economy and Finance publishes an ordinance harmonising the legislative provisions of the codes and laws with those of the French Commercial Code following the recasting of Title IV of Book IV (Ord. No. 2019-698)

236

On July 4, 2019, the JORF publishedOrder No. 2019-698 of July 3, 2019. bringing the legislative provisions of the codes and laws into line with those of the Commercial Code in their wording resulting from Order No. 2019-359 of 24 April 2019 recasting Title IV of Book IV of the Commercial Code (...)

Alain Ronzano Online distribution: The French Competition Authority sanctions a bicycle manufacturer and its importer for prohibiting their authorised distributors from selling cycles online (Bikeurope / Trek Bicycle)

321

Taking the view that the regulation requiring bicycle dealers to deliver fully assembled and adjusted bicycles does not allow the supplier to require its distributors to deliver the bicycles to their physical points of sale, the Authority is penalising the manufacturer of Trek brand bicycles (...)

Alain Ronzano Selective advantage: The General Court of the European Union annuls a Commission’s decision classifying the Hungarian advertising tax as State aid and dissmisses the existence of a selective advantage resulting from the progressive nature of the turnover tax (Hungary / European Commission)

229

On 27 June 2019, the General Court of the European Union delivered a judgment in Case T-20/17 (Hungary v. European Commission).. In so doing, the Court of First Instance persists and points to the fact that the introduction of a progressive scale applicable not to a tax on income or profits (...)

Alain Ronzano Exemption: The European Commission proposes to exempt national financing of financial projects or products under certain EU programmes from notification and launches a public consultation (GBER)

186

With a view to facilitating national funding of projects or financial products falling within the scope of centrally managed EU programmes, the Commission proposes to simplify the obligations on Member States by exempting them from notifying the Commission of such aid i) in the case of (...)

Alain Ronzano Gun jumping: The European Commission publishes the decision imposing a €28 million fine on an optical and imaging products manufacturer for carrying out a takeover before it was notified and cleared (Canon / Toshiba)

177

On 22 October 2019, the Commission published the Decision of 27 June 2019 . in which it imposed a fine of €28 million on Canon, the Japanese manufacturer of optical and imaging products, for implementing its acquisition of Toshiba Medical Systems Corporation (TMSC) before it was notified to and (...)

Alain Ronzano Sanctions: The French Competition Authority sanctions cartels in the regulated legal professions of notaries and bailiffs, which aimed to protect the annuity existing before the entry into force of the Macron law (Practices implemented by notaries and bailiffs)

230

On 24 June 2019, the Competition Authority adopted two decisions - Decision No 19-D-12 and Decision No. 19-D-13 - which sanction agreements in two regulated legal professions - notaries and bailiffs - agreements which have the common aim of protecting the annuity prevailing before the entry (...)

Alain Ronzano Compatibility: The General Court of the European Union annuls the decision declaring an aid granted to a Berlin youth hostel compatible with the internal market (A&O Hostel and Hotel Berlin)

184

On 20 June 2019, the General Court of the European Union delivered a judgment in Case T-578/17 (a&o hostel and hotel Berlin GmbH v European Commission). pursuant to which it annuls the decision of 29 May 2017 to which the Commission decided not to raise any objection, considering in (...)

Alain Ronzano Compatibility: The General Court of the European Union finds no evidence of State aid in the sale of the assets of a German car circuit likely to justify the opening of a formal investigation procedure (Ja zum Nürburgring / NeXovation)

202

On 19 June 2019, the General Court of the European Union delivered two State aid judgements concerning the sale of the Nürburgring complex to an undertaking in Rhineland-Palatinate, respectively in cases T-353/15 (NeXovation Inc. v. European Commission) and T-353/15 (NeXovation Inc. v. European (...)

Alain Ronzano Local anticompetitive practices: The French DGCCRF puts an end to a new practice of “covering offer” between installers of safety equipment in tobacco shops in Normandy and Brittany - Pays de la Loire (Somouest, Ouestore)

168

The DGCCRF has just made public its ninth local PAC decision concerning practices of coverage offers implemented by several installers of security equipment in tobacco shops.. After securing tobacco shops in Alsace, then in Lorraine, Burgundy, Franche-Comté, Rhône-Alpes, the departments of (...)

Alain Ronzano Notion of aid: The General Court of the European Union holds that the award of damages for the period preceding Romania’s EU membership cannot be qualified as advantage and aid (Micula)

379

In the case of the arbitration in favour of Swedish investors in Romania, the General Court of the European Union ruled that the Commission was not competent to deal with facts prior to Romania’s accession to the EU and, therefore, that the award of damages for the period preceding that (...)

Alain Ronzano Illegal aid: The Court of Justice of the European Union dismisses the two preliminary objections raised by the French Conseil d’État concerning the recovery of an illegal and incompatible aid from an agricultural producer (Copebi / FranceAgriMer)

202

On 13 June 2019, the Court of Justice of the European Union delivered a judgment in Case C-505/18 (Copebi SCA v FranceAgriMer).which follows a reference for a preliminary ruling from the French Conseil d’État. The case concerns aid amounting to EUR 330 million paid between 1992 and 2002 by the (...)

Alain Ronzano Fine: The Paris Court of Appeal considers that a company is admissible to contest the proportionality of the sanction imposed following a settlement procedure, provided that it does not question the range of the fine it has accepted (Alcyon)

614

On 13 June 2019, Chamber 5-7 of the Paris Court of Appeal handed down an important judgment affirming the right of an undertaking sanctioned by the Competition Authority following the implementation of the new settlement procedure to bring an action for reversal of the sanction decision. It (...)

Alain Ronzano Dawn raids: The French Supreme Court considers that the exercise of the right to an effective appeal presupposes that the minutes and the inventory drawn up at the end of the previous dawn raids be annexed both to the request and to the judges authorisation order notified at the time of the visit (Whirlpool)

326

In a judgment delivered on 13 June 2019the Criminal Chamber of the Court of Cassation censured theorder issued on 8 November 2017. by the delegate of the First President of the Paris Court of Appeal in connection with visits and seizures that took place on May 27 and 28, 2014 on the premises of (...)

Alain Ronzano Remedies: The French Competition Authority clears a global player in the manufacture of cardboard packaging to take control of two Normandy factories, following remedies accepted by EU Commission (International Paper Company / DS Smith Packaging Normandie)

177

On 27 June 2019, the Competition Authority published Decision No 19-DCC-114 of 13 June 2019 relating to the acquisition of exclusive control of DS Smith Packaging Normandie by the International Paper Company group. Although this is a simplified decision, adopted under point 384 of the Merger (...)

Alain Ronzano Joint venture: The French Competition Authority clears a joint control in the markets for the collection of polluted soil and aggregate production (Cosson, Ensis / Terzeo)

246

On 31 July 2019, the Competition Authority posted 16 new merger clearance decisions online, including 11 simplified decisions. These decisions include Decision No. 19-DCC-113 of 13 June 2019. pursuant to which the French Competition Authority authorised the acquisition of joint control by (...)

Alain Ronzano Significant imbalance: The Paris Court of Appeal imposes a civil fine of €2 million on the French gas turbine leader for significant imbalance in relations with its suppliers (GEEPF)

735

Acknowledging the probative value of 28 anonymous minutes, Chamber 5-4 of the Paris Court of Appeal imposed a civil fine of 2 million euros on the French leader in medium and large gas turbines for power generation because of significant imbalance in relations with its suppliers and ordered it (...)

Alain Ronzano Recovery: Advocate General Hogan presents his opinion in a local case raising the issue of the effect on trade between Member States and competition at the recovery stage of the State aid (INPS / Azienda Napoletana Mobilità)

166

On 6 June 2019, Advocate General Hogan delivered his Opinion in Case C-659/17 (Istituto nazionale della previdenza sociale (INPS) v Azienda Napoletana Mobilità SpA): reference for a preliminary ruling from the Social Chamber of the Italian Cour de Cassation The case originated in a dispute (...)

Alain Ronzano Competition policy : The competition authorities of the G7 countries and the European Commission reach agreement on the role of competition law in the digital economy (Common Understanding on Competition and the Digital Economy)

234

Meeting in Chantilly within the framework of the G7 chaired by France, the competition authorities of the G7 countries (Canada, France, Germany, Italy, Japan, United Kingdom, United States), as well as the Commission, published on July 18, 2019 an agreement - Common Understanding. - on the role (...)

Alain Ronzano Competition policy: The Council of the European Union announces the appointment of Johannes Laitenberger, the current Director General of DG Competition at the European Commission, as judge at the General Court of the European Union as from 1 September 2019

200

In a press release issued on May 29, 2019the Council of the European Union announced that the representatives of the Governments of the member States had appointed 14 judges to the General Court of the European Union, including seven new judges for a term of six years beginning on 1 September (...)

Alain Ronzano Exclusive distribution: The French Competition Authority issues a new decision sanctioning the maintenance, after the entry into force of the Lurel Act, of an exclusive import agreement in the overseas communities (bioMérieux, Guyana Medical Service)

263

On May 29, 2019, the French Competition Authority issued a new decision sanctioning the maintenance, after the entry into force of the Lurel Act, of an exclusive import agreement in the French overseas collectivities, following two decisions adopted on the same basis under Article L. 420-2-1 of (...)

Alain Ronzano Targeted consultation: The European Commission launches two targeted consultations on the de minimis regulation and the ex-post evaluation of the aviation guidelines (De minimis regulation; Aviation Guidelines)

236

In January 2019, the European Commission announced its intention to extend seven sets of state aid rules for a period of two years and launched a comprehensive review of its state aid policy ("Quality Check"). The aim is to assess the extent to which the objectives of the modernisation of state (...)

Alain Ronzano Audiovisual: The Hadopi and the CSA publish a joint study on voice assistants and connected speakers, raising competition issues (Impact of voice on supply and cultural and media usage)

198

On 28 May 2019, Hadopi and CSA published a joint study on voice assistants and connected loudspeakers.to study the impact of voice on cultural and media supply and use. In this still emerging market, where one in ten French Internet users already uses a connected venue, the study, in which (...)

Alain Ronzano Exclusion strategy: The Belgian Competition Authority imposes a fine of €1 million on the Belgian Order of Pharmacists for trying to hinder the development of a parapharmaceutical group (Order of Pharmacists)

279

On 13 June 2019, the Belgian Competition Authority (ABC) issued a very interesting decision, dated 28 May 2019The Commission’s Competition College found against the Order of Pharmacists for attempting to hinder the development of the MediCare-Market group and imposed a fine of EUR 1 million on (...)

Alain Ronzano No ground to refer: The French Competition Authority dismisses a claim in a case of contractual practices of DTT’s historical free channels for the acquisition of film rights (Canal Plus, C8, CStar / TF1, France Télévisions, Métropole Télévision)

247

On 28 May 2019, the Competition Authority issued Decision No. 19-D-10 of 27 May 2019relating to practices implemented in the sector of the acquisition of rights relating to original French-language cinematographic works known as "de catalogue", under the terms of which it considers, on the (...)

Alain Ronzano Sole control: The French Competition Authority authorizes a company active in the digital and audiovisual content production sector to acquire sole control of a company active in the creation, production and distribution of audiovisual content (Webedia / Elephant)

208

In the last few days, the Competition Authority has put 5 new merger clearance decisions online, including 4 simplified decisions. These decisions include Decision No. 19-DCC-94 of 24 May 2019. through which the Webedia company, active in particular in the digital sector through digital (...)

Alain Ronzano Fine: The General Court of the European Union dismisses the action for reduction of a fine imposed for participating in the cartel on the recycling of automotive batteries (Recylex)

252

On 23 May 2019, the Court of First Instance of the European Union delivered a judgment in Case T-222/17 (Recylex SA and Others v European Commission) in which it ruled. The Court of First Instance dismisses the action brought by an undertaking recycling lead from waste lead-acid automotive (...)

Alain Ronzano Joint venture: The General Court of the European Union confirms a Commission’s decision clearing, subject to conditions, a joint venture in the telecommunications sector (Vodafone / Liberty Global)

337

On 23 May 2019, the General Court of the European Union also delivered a judgment in Case T-370/17 (KPN BV v. European Commission).. Here again, the Court of First Instance finds that the action brought should be dismissed. In the present case, the applicant - KPN BV - operator of cable (...)

Alain Ronzano Unlawful aid: The General Court of the European Union annuls a Commission’s decision finding aid of €18 million unlawfully granted to a Spanish football club and incompatible with the internal market (Real Madrid Club)

258

On 22 May 2019, the General Court of the European Union delivered a judgment in Case T-791/16 (Real Madrid Club de Fútbol v. European Commission).. Annuls the Commission’s decision of 4 July 2016 in that case which had found the existence of €18 million of state aid illegally granted to the Real (...)

Alain Ronzano Clearance: The French Competition Authority authorizes, unconditionally, the number one poultry producer in France to acquire two slaughterhouses located in Mayenne (LDC Volaille, Les Volailles Rémi Ramon, Sofral)

280

In the last few days, the Competition Authority has put 6 new merger clearance decisions online, including 4 simplified decisions. These decisions include Decision No. 19-DCC-101 of 22 May 2019. by which the French Competition Authority unconditionally authorised LDC Volaille, France’s leading (...)

Alain Ronzano Constitutionality: The French Constitutional Council declares contrary to the Constitution the Article 211 empowering the Government to transpose the ECN+ Directive and to take various measures by ordinance (PACTE draft bill)

310

The Constitutional Council declares article 211, which empowers the Government to transpose the ECN+ Directive and to take various measures in the field of competition by ordinance, to be contrary to the Constitution on the grounds of legislative cavalierness, but leaves article 212, which (...)

Alain Ronzano Selective advantage: The General Court of the European Union annuls the Commission’s decision classifying a progressive Polish tax in the retail sector as State aid (Poland / Commission)

185

On 16 May 2019, the General Court of the European Union delivered a judgment in Joined Cases T-836/16 and T-624/17 (Poland v Commission).. It not only overturns the decision of 30 June 2017 according to which the Commission found that the tax in question constituted State aid incompatible with (...)

Alain Ronzano Fine: The European Commission fines 5 banks €1.07 billion for exchanging information between their traders in the spot foreign exchange market (Barclays / RBS / Citigroup / JPMorgan / MUFG)

275

On 16 May 2019, the European Commission announced that it had imposed fines totalling more than EUR 1 billion on five banks for their participation in two spot foreign exchange cartels involving eleven currencies (euro, pound sterling, yen, Swiss franc, US dollar, Canadian, New Zealand and (...)

Alain Ronzano Notion of aid: The Paris Court of Appeal considers that the measures to restore the collective press distribution system do not constitute State aids that must be notified to the Commission (Messageries lyonnaises de presse / Presstalis)

296

On 16 May 2019, Chamber 5-7 of the Paris Court of Appeal delivered three judgments in the case of measures to redress the collective press distribution system. These rulings follow appeals brought by a number of newspaper publishers against three decisions of the Conseil supérieur des (...)

Alain Ronzano Competition policy: The EAC, in favour of preserving competition policy, advocates ex post control of "killer" innovation acquisitions (Competition and trade: which policies for Europe?)

402

In a note entitled "Competition and trade: what policies for Europe? "the ACE, in favour of the preservation of competition policy, argues in favour of ex-post control of "killer" acquisitions of innovation. On 16 May 2019, the Economic Analysis Council, whose mission is to inform the (...)

Alain Ronzano Exclusive distribution: The Paris Court of Appeal rules that the author’s appeal is void, but accepts the validity of the parent company’s appeal in the case of the exclusive distribution of convenience goods in Wallis and Futuna (General Import, A.D.L.P.)

278

In a judgment delivered on 16 May 2019the Paris Court of Appeals, Chamber 5-7 of the Paris Court of Appeals declared one appeal (General Import) null and void, the validity of another (ADLP Holding) and reopened the proceedings following the appeals lodged against Decision No. 18-D-21 of 8 (...)

Alain Ronzano State resources: The Court of Justice rules that funds intended to finance the Lithuanian regime for the provision of services of public interest in the electricity sector must be regarded as State resources (Achema / Valstybinė kainų ir energetikos kontrolės komisija)

466

On 15 May 2019, the Court of Justice of the European Union delivered its judgment in Case C-706/17 (Achema AB and others v. Valstybinė kainų ir energetikos kontrolės komisija).. This case follows a reference for a preliminary ruling from the Supreme Administrative Court of Lithuania. An appeal (...)

Alain Ronzano Existing aid: The General Court of the European Union confirms a European Commission’s decision finding that measures having an impact at most local, and not likely to have an effect on trade between member States, do not constitute State aids (Marinvest, Porting)

481

On 14 May 2019, the General Court of the European Union delivered a judgment in Case T-728/17 (Marinvest and Porting v Commission).. This case concerns alleged aid received from the Slovenian State by a company entrusted with the management of a marina located in Izola, a Slovenian town near (...)

Alain Ronzano Notion of abuse: The European Commission imposes a €200 million fine on the world’s largest brewing company for abusing its dominant position by hindering imports of its beer into Belgium (AB InBev)

322

On 13 May 2019, the European Commission indicated that it had imposed a fine of €200,409,000 on the world’s largest brewing company, AB InBev, for abusing its dominant position between 9 February 2009 and 31 October 2016 by hindering imports of its cheaper Jupiler beer from the Netherlands into (...)

Alain Ronzano Lack of evidence: The French Competition Authority rejects for lack of sufficiently convincing evidence the referral of three garages evicted from a network of approved repairers (Hyundai)

268

On May 9, 2018, the Competition Authority issued a decision No. 19-D-08 on practices in the automotive service and repair sector. Of the eight decisions rendered by the Authority since the beginning of 2019 in the anti-competitive practices litigation, this is the seventh decision to dismiss (...)

Alain Ronzano Admissibility: The General Court dismisses the application for annulment of the decision penalising the cartel on reinforcing bars, which has become definitive in respect of the applicant (Lucchini)

207

In the absence of an irregularity of such obvious gravity that the decision penalising the concrete reinforcing bars agreement should be regarded as legally non-existent, the Court of First Instance of the Union dismisses the application for annulment of that decision, which has become final (...)

Alain Ronzano Compatibility: The General Court of the European Union dismisses an action against the decision declaring compatible the French State aid scheme allocating an unlimited guarantee for a natural disaster risk reinsurance activity (Scor)

225

The Court of First Instance of the European Union dismisses Scor’s action against the decision finding compatible with the internal market the aid scheme resulting from the unlimited guarantee granted to the Caisse Centrale de Réassurance (CCR) for its reinsurance of natural catastrophe risks in (...)

Alain Ronzano Jurisdiction: The Court of Justice of the European Union precludes a national court from assessing the conformity of a residence condition of a scheme reserving the refund of dividend tax only to national companies (A-Fonds / Inspecteur van de Belastingdienst)

175

The Court of Justice of the Union holds that Articles 107 and 108 TFEU preclude a national court from assessing whether a condition of residence of a scheme reserving the reimbursement of dividend tax solely to national undertakings is compatible with the right to free movement of capital under (...)

Alain Ronzano Fine: Advocate General Tanchev asks the Court of Justice of the European Union to dismiss the Commission’s appeal and confirm the General Court’s approach to the insufficient reasoning for the calculation of the fine in the case of interest rate derivatives denominated in yen (NEX International)

305

Perceiving the yen-denominated interest rate derivatives case as a variant of the UPS case, Advocate General Tanchev calls on the Court of Justice to dismiss the Commission’s appeal and to confirm the Court of First Instance’s approach regarding the insufficient statement of reasons for the (...)

Alain Ronzano Compatibility: The General Court of the European Union confirms a Commission’s decision that the French aid scheme exempting autonomous ports, CCIs and municipalities operating port facilities from corporation tax is incompatible (Port of Brest)

323

On Tuesday 30 April 2019, the Court of the European Union delivered two judgements in the State aid case concerning the taxation of ports in France. In these two cases, the applicants - the Chamber of Commerce and Industry of Metropolitan Brittany West (Port of Brest), on the one hand, and the (...)

Alain Ronzano Joint venture: The French Competition Authority clears in phase I but subject to a behavioural commitment, the creation of a full-function joint venture to operate the future rail link between Gare de l’Est and Paris-Charles de Gaulle airport (RATP, Keolis)

251

In the last few days, the Competition Authority has put 3 new merger clearance decisions online, including 2 simplified decisions. These decisions include Decision No. 19-DCC-76 of 26 April 2019. in favour of which the Competition Authority authorised, at the end of phase I but subject to a (...)

Alain Ronzano Rebates: The French Competition Authority clears the advertising department of a media market player from exclusivity and loyalty rebates practices such as coupled advertising space marketing practices (TF1 / M6)

246

On 25 April 2019, the Competition Authority issued a decision No 19-D-07 on practices in the television advertising sector. The present case, which follows a referral from Métropole Télévision denouncing two practices implemented by TF1 Publicité on the television advertising market, has resulted (...)

Alain Ronzano Obligation to inform: The Paris Court of Appeal notes that a telecom operator has been guilty of consumer credit practices in breach of the provisions governing consumer information (Free / SFR)

224

In the mobile terminal subsidization case, Chamber 5-4 of the Paris Court of Appeal found that SFR was guilty of consumer credit practices in breach of the provisions governing consumer information, which constitute unfair competition, and ordered an expert appraisal to determine the amount of (...)

Alain Ronzano Leniency: The Paris Court of Appeal rejects a request to withdraw from the investigation file documents that contributed to the violation of the rights of the defence in the chemical commodities case (Brenntag)

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In the part of the chemical commodities case concerning horizontal practices revealed by leniency applications, the Paris Court of Appeal rejected the request to withdraw from the investigation file documents that contributed to the violation of the Brenntag companies’ rights of defense. By (...)

Alain Ronzano Preliminary ruling on constitutionality: The French Constitutional Council considers two provisions of the law No. 2018-10 of 7 September 2018 establishing a general mechanism for controlling prices and margins in New Caledonia to be unconstitutional (Magenta Discount)

361

On April 12, 2019, the Constitutional Council issued its decision in case No. 2019-774 QPC of April 12, 2019 (Magenta Discount Company and other [Price and Margin Control in New]Caledonia ), which follows the referral by the Conseil d’État, pursuant to Decision No. 425813 of 25 January 2019 of a (...)

Alain Ronzano Admissibility: The General Court of the European Union rules that the appeal of a German airline is inadmissible due to the applicant’s lack of individual concern (Lufthansa)

383

On 12 April 2019, the Court of First Instance of the European Union delivered a judgment in Case T-492/15 (Deutsche Lufthansa v Commission). Following the action brought by the German airline seeking annulment of the Commission’s decision of 1 October 2014In its decision, the Commission found (...)

Alain Ronzano Notification: The French State Council states that, in the absence of a binding allocation link between the French taxes intended to finance the cinema and the film and audiovisual aid scheme they finance, the three taxes allocated to the CNC cannot be regarded as an integral part of the aid scheme concerned (Carrefour, Fnac...)

368

In the case of the French taxes intended to finance the cinema, the Conseil d’État ruled that, in the absence of a binding earmarking link between those taxes and the aid scheme for the cinema and the audiovisual sector which they finance, the three taxes earmarked for the CNC could not be (...)

Alain Ronzano Regulated professions: The French Competition Authority invites the Government, after having detected the existence of an undue rent for the benefit of certain regulated legal professions due to the rate increases granted on certain overseas departments and communities, to direct the rate increases towards the additional costs actually incurred (Rates of the regulated professions in the French overseas territories)

155

Seized in February 2018 by the Government concerning the tariffs of the regulated professions of the overseas law, the Competition Authority published its opinion n° 19-A-09 on April 11, 2019. on the issue. Invited to draw up an inventory of the increases applicable to the regulated tariffs of (...)

Alain Ronzano Existing aid: The General Court of the European Union annuls, for defective statement of the reasons, a decision to extend a formal investigation procedure for aid granted to the German incumbent postal operator (Deutsche Post)

152

On 10 April 2019, the Court of First Instance of the Union delivered a new judgment in the drawer case of State aid granted to Deutsche Post in connection with the opening up of the German postal market in the 1990s. The aid at issue included the subsidies paid by the German authorities to the (...)

Alain Ronzano Information: The General Court of the European Union confirms the Commission’s power to issue a new request for information to an undertaking after the statement of objections, provided that it is justified for the purposes of the investigation, necessary and proportionate (Qualcomm)

343

On 9 April 2019, the General Court of the European Union delivered a judgment in case T-371/17 (Qualcomm and Qualcomm Europe v. European Commission).. Following a complaint by Icera Inc. on April 8, 2010, the European Commission opened an investigation against Qualcomm regarding an alleged (...)

Alain Ronzano Notification: The European Commission fines a US energy conglomerate for providing negligently incorrect information during a merger notification (General Electric / LM Wind)

354

At the Commission, the accuracy of the information provided in merger notifications is not to be trifled with. It can even be very expensive. General Electric is learning this today at its own expense. It is being fined €52 million for negligently providing incorrect information in the merger (...)

Alain Ronzano Price fixing: The French Competition Authority issues its order on the distribution of medicines and biological analysis laboratories (Urban drug distribution and private medical biology)

340

On 4 April 2019, the Competition Authority issued an opinion No. 19-A-08 on the distribution of medicinal products and biological analysis laboratories.. In the report, it makes public the final findings of its health sector survey launched in November 2017. The 423-page opinion, including the (...)