L'actu-concurrence (Paris)

Alain Ronzano

L’actu-concurrence (Paris)
Editor

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

Articles

760513 Review

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

19

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 having imposed, on its distributors, the selling prices of its teas sold online, but, applying the Coty case law, dismisses the complaint sanctioning the prohibition of the resale of the contractual products on third party internet platforms (Dammann Frères)

22

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)

17

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)

16

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 appeal of the European Commission and consequently annuls the judgment of the General Court of the European Union in one of the aspects of the heat stabiliser cartel case, pointing out that joint liability for the payment of a fine is merely a manifestation of the notion of undertaking (GEA Group)

58

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 / Weareone.World, Wecandance)

72

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 tender offers by companies in the same group by taking note of the latest case law of the Court of Justice of the European Union (France AgriMer)

58

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 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)

74

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 rules that the national court is obliged to order the beneficiary to pay interest for the period of illegality of the aid, even if the aid was subsequently declared compatible with the internal market and the beneficiary is an undertaking entrusted with the operation of an SGEI (Viasat Broadcasting UK / TV2/Danmark)

63

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

61

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)

78

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)

151

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)

55

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)

73

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 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

53

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)

119

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: European Commission sends a statement of objections to an e-commerce platform accusing it of systematically using non-public commercial data from independent sellers using its marketplace to promote the sale of its own products to consumers in competition with those of these third party sellers (Amazon)

85

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)

66

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 French Government acknowledges, before the ECHR, that a trade union did not benefit from an effective remedy against the decisions of the General Rapporteur of the Authority refusing to grant or lifting the business secrecy and grants it 13 000 € by way of compensation (FILMM)

47

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 the voluntary intervention of a potential victim of anti-competitive practices at the stage of appeal against dawn raids, opening the way to access to the documents whose seizure is thus contested (Notariat Services)

80

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 invites the Court of Justice of the European Union to confirm that the support granted by a private law consortium to one of its members does not involve the use of State resources and is therefore not imputable to it, to dismiss the appeal brought by the Commission against the judgment of the General Court of the European Union dismissing the classification as State aid (Italian Republic, Banca d’Italia, a.o.)

63

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 annuls its first decision on interim measures by finding that the New Caledonian Post and Telecommunications Office has a legal monopoly on the operation of networks and services belonging to the public telecommunications service and that the New Caledonian Competition Authority is not competent to hear it (New Caledonian Post and Telecommunications Office / Société Calédonienne de Connectivité Internationale)

45

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)

56

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 & C.)

86

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 ceiling: 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)

104

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

47

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)

128

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)

60

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)

47

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, considering that the facts denounced have already been dealt with, qualified and sanctioned in a decision of 19 December 2019, to end the investigation on the merits by rejecting the referral (Amadeus)

56

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 Sanctions : 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)

61

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

105

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)

91

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)

67

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)

61

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 protection: 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)

84

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 (Poland, Hungary)

52

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)

52

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)

76

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 the French Competition Authority’s decision and, ruling again, imposes, after verification of contributive capacity, a fine of the same amount (Ordre des architectes)

47

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 (Betclic / PMU)

65

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 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)

125

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)

74

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)

58

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, ITM)

212

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)

121

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 Tribunal des conflits confirms the jurisdiction of the Paris Court of Appeal to rule on the publicity of provisional measures taken by the Competition Authority (Google)

118

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)

110

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)

149

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

74

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)

240

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)

128

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)

124

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)

178

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)

58

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 makes public decisions authorising, under conditions, one takeover in the industrial vehicle rental sector and another takeover, as well as two merger operations in the audiovisual sector (Via Location / Fraikin; SFIL / Caisse des dépôts et consignations)

45

In recent days, the Competition Authority has posted 19 new merger clearance decisions online, including 15 simplified decisions. Among these decisions is decision No. 20-DCC-132 of 23 September 2020 by which the Competition Authority authorised, subject to compliance with remedies of a (...)

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)

78

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)

174

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)

158

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)

86

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 to hinder the establishment of competing pylons (TDF)

118

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)

159

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)

72

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)

238

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)

201

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

110

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)

151

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)

147

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)

309

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’ (Deutsche Telekom, Slovak Telekom )

254

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)

145

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

309

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)

168

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, Fonderie et Manufacture de Métaux, Harz-Metall)

174

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)

108

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)

135

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)

67

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

67

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 the request for legitimate suspicion against the Polynesian Competition Authority on account of the conduct of its President, dismisses the case from the PCA and refers the case back to the metropolitan Competition Authority (Wane)

130

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

155

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

122

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 / W.W, WCD)

192

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

155

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)

136

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 Annulment: 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)

290

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)

214

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)

77

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 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)

73

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)

329

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)

154

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)

226

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)

95

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, castigating the imprecise nature of the injunction issued by the French Competition Authority in the restaurant vouchers case, suspends its execution (Edenred, Octoplus, SNRTC)

144

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)

175

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)

79

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

105

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)

81

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)

191

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)

134

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)

168

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)

158

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)

94

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 Competition policy: The European Commission presents the White Paper on levelling the playing field as regards foreign subsidies and launches wide public consultation

297

On 17 June 2020, the European Commission unveiled its White Paper on a level playing field for foreign subsidies.. Since this is a White Paper, the Commission is launching a public consultation via a questionnaire. for a period of 14 weeks, until September 23, 2020. The Commission’s objective (...)

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)

650

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)

165

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)

225

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)

118

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)

202

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)

173

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)

107

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)

152

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

83

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

89

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

625

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 General Court of the European Union 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 (CK Telecoms UK Investments)

375

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)

126

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)

171

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)

103

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

134

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)

127

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)

223

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)

244

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

117

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)

79

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)

139

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+)

188

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)

138

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

168

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)

138

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)

129

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)

104

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

94

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

124

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)

249

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

380

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)

205

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)

152

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

209

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

228

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)

418

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)

169

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

173

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

113

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)

132

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)

210

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

149

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

106

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)

160

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)

88

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)

75

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

152

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

168

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, Ingram Micro, Tech Data)

265

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)

163

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)

184

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)

127

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)

167

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)

132

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)

84

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)

283

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)

164

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)

279

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)

108

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

573

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

84

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)

116

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.)

163

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)

142

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

228

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

61

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)

645

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)

423

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’ (Postal bank, BNP Paribas)

631

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

614

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)

247

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)

185

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)

305

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)

130

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)

271

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)

151

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)

288

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)

219

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)

153

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)

127

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

43

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)

139

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)

122

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

209

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)

149

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)

210

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)

221

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)

126

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)

317

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)

130

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)

224

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)

139

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)

416

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)

119

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)

138

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 )

271

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)

112

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)

193

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)

182

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...)

336

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’

315

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)

322

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

292

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)

167

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)

188

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)

602

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)

181

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)

418

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)

237

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)

209

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)

2709

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)

165

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)

214

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)

152

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)

99

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)

203

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)

226

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)

184

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)

351

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)

611

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

93

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)

302

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)

264

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 (Distribution of perfumery and cosmetic products)

410

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)

178

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

310

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)

343

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)

155

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)

117

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)

263

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)

209

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)

245

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)

154

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)

248

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)

266

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)

161

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)

206

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)

159

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)

167

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)

530

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)

168

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)

224

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)

436

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)

400

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)

449

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)

243

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)

201

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)

184

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)

410

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

272

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)

204

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)

175

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)

408

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)

175

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 Storage; Hitachi-LG Data Storage; Toshiba Samsung Storage Technology)

333

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...)

304

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)

292

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)

208

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)

552

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)

232

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)

263

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)

158

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)

182

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)

479

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)

208

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 (Trek)

264

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)

192

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)

170

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)

132

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)

193

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)

164

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 (NeXovation, Ja zum Nürburgring)

169

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)

147

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)

279

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)

185

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)

392

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)

263

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)

165

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)

200

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)

590

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)

149

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)

216

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

186

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)

243

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)

211

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)

165

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 (MediCare-Market / Belgian Order of Pharmacists)

242

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)

205

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)

184

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)

218

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)

295

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 de Fútbol)

203

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)

263

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)

276

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)

164

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)

241

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)

246

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?)

351

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.)

239

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)

347

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)

351

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)

283

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)

223

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)

182

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)

194

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)

152

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)

281

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)

266

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)

238

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)

191

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)

198

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)

223

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)

295

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)

354

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...)

208

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)

137

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)

139

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)

309

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)

331

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)

270

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 (...)

Alain Ronzano Formal notice: The Paris Court of Appeal essentially confirms a decision issuing a formal notice to the dominant operator of the online advertising market to clarify the procedure for suspending advertising accounts for "misleading or prohibited content" (Google)

355

On 4 April 2019, Chamber 5-7 of the Paris Court of Appeals delivered a judgement in the case of protective measures against Google requiring it to clarify the procedure for suspending Google Ads accounts for ’misleading or prohibited content’. With the exception of the third precautionary (...)

Alain Ronzano Belgium: The Belgian legislator introduces into the economic law code the abuse of economic dependence and sanctions the "manifest imbalance" between the rights and obligations of the parties in B2B relations (Law of 4th April 2019)

395

I am informed (Thank you Mathilde) of the publication in the Moniteur belge dated 24 May 2019 of the law of 4 April 2019. amending the Code of Economic Law with regard to abuse of economic dependence, unfair terms and unfair market practices between companies. There are two main innovations in (...)

Alain Ronzano Fine: The Court of Justice of the European Union rules that the principle ne bis in idem does not preclude a competition authority from imposing on an undertaking, in the context of the same decision, a fine for infringement of national competition law and a fine for abuse of dominance (Powszechny Zakład Ubezpieczeń na Życie / Prezes Urzędu Ochrony Konkurencji i Konsumentów)

528

The Court of Justice of the European Union holds that the ne bis in idem principle does not preclude a competition authority from imposing on an undertaking, in a single decision, a fine for infringement of national competition law and a fine for infringement of Article 82 EC, provided that, (...)

Alain Ronzano Aide notifiée: Advocate General Tanchev considers that the European 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)

145

Taking the view that the Commission may limit the amount of notified aid to the difference between the costs of an investment in the region concerned and the costs of an investment in another region without having to demonstrate that the part of the aid exceeding the difference in costs would (...)

Alain Ronzano New Caledonia: The French Constitutional Council holds a public hearing concerning the conformity with the Constitution of the law establishing a general mechanism for controlling prices and margins (Magenta Discount, Super Auteuil)

184

On 2 April 2019, the Constitutional Council held a public hearing in the case 2018-774 QPCwhich follows the referral by the Conseil d’État, pursuant to decision No. 425813 of 25 January 2019 of a priority constitutionality issue, originally referred by the Administrative Tribunal of New (...)

Alain Ronzano Tender offer: The DGCCRF concludes a hybrid transaction and terminates a local anti-competitive practice in the building technology management sector of the Lille urban community (NEU Automation / STTN Energie)

450

In recent months, the DGCCRF has put an end to an unlawful cartel practice between three companies which 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 present case, in a call for (...)

Alain Ronzano Clearance: The European Commission publishes the decision on unconditional authorisation in the cabin management and in-flight entertainment systems sector for commercial aircraft (LG Electronics / Lufthansa Technik)

121

The Commission has posted the decision of 29 March 2019 on line. by which it authorised the creation between Germany’s Lufthansa Technik and Korea’s LG Electronics of a joint venture active in the design, production and supply of cabin management and in-flight entertainment systems for commercial (...)

Alain Ronzano State ressources: The Court of Justice of the European Union annuls both the judgment of the General Court and the Commission’s decision, holding that neither of them has established that the advantages provided for by the 2012 German renewable energy production support mechanism involve State resources (Federal Republic of Germany / Commission)

248

On 28 March 2019, the Court of Justice of the European Union delivered a judgment in Case C-405/16 (Federal Republic of Germany v. European Commission). concerning once again the mechanism set up by German law to support the production of renewable energies, especially wind and solar energy. (...)

Alain Ronzano Fines: The General Court of the European Union exercises its full jurisdiction and significantly reduces its fine in the case of the steel abrasives cartel (Pometon)

189

On 28 March 2019, the General Court of the European Union delivered a judgment in Case T-433/16 (Pometon SpA v. European Commission).. The Tribunal hereby annuls Article 2 of the decision of 25 May 2016. setting the fine imposed on Pometon SpA at € 6 197 000 for its participation in a single (...)

Alain Ronzano Local anticompetitive practice: The French Competition Authority sanctions an agreement seeking to restrict competition in the markets for passenger transport by taxi and private hire vehicles in the municipality of Antibes Juan-les-Pins and its surroundings (Radio-taxi Antibes Juan-les-Pins)

180

The Authority adopts a 6th decision concerning a local CAP, following the refusal of a transaction, and sanctions a cartel within the GIE Radio-taxi Antibes Juan-les-Pins aimed at limiting competition on the markets for passenger transport by taxi and by LOTI and VTC vehicles, in the commune of (...)

Alain Ronzano Infraction by object: The French Supreme Court confirms almost entirely the judgment of the Paris Court of Appeal in the case of hygiene and cleaning products (L’Oréal)

434

In a judgment delivered on 27 March 2019The Commercial Chamber of the Court of Cassation rejects, with the exception of one, all but one of the pleas raised in no less than eleven appeals brought against thejudgment delivered on 27 October 2016.under the terms of which the Paris Court of Appeal (...)

Alain Ronzano Derivatives: The European Commission fines a multinational company selling football apparel and footwear €12.5 million for restricting cross-border sales of derivatives from certain football clubs and federations (Nike)

244

On 25 March 2019, the European Commission announced that, following an investigation launched in June 2017, it had fined Nike €12.5 million for banning national distributors for 13 years from selling merchandising products from some of Europe’s most famous football clubs (FC Barcelona, Manchester (...)

Alain Ronzano Electricity: The French Competition Authority stands up against the French Regulatory Commission for Energy’s latest proposal for regulated electricity sales tariffs (Setting of regulated electricity sales tariffs)

152

On 25 March 2019, the Competition Authority issued an opinion No. 19-A-07 on the setting of regulated tariffs for the sale of electricity.. In response to the latest proposal for regulated tariffs for the sale of electricity (TRV) presented by CRE on 7 February 2019 and the Government’s (...)

Alain Ronzano Aviation: The Commission publishes a decision clearing, subject to conditions, an acquisition in the specialised insurance brokerage sector (Marsh & McLennan Companies / Jardine Lloyd Thompson)

91

On August 12, 2019, the Commission issued the Decision of March 22, 2019 in which it gave conditional approval for the acquisition of the British company Jardine Lloyd Thompson by the American Marsh & McLennan Companies, both global insurance brokers in specialised sectors such as aviation (...)

Alain Ronzano Granted State aid: The General Court of the European Union annuls European Commission’s decision qualifying of State aid an aid granted to an Italian bank (Cassa di risparmio della provincia di Teramo)

111

Taking the view that the support granted by a private-law consortium to one of its members did not involve the use of State resources and was therefore not imputable to the State, the Court of First Instance of the European Union annuls the Commission’s decision classifying the guarantee thus (...)

Alain Ronzano Granted State aid: The General Court of the European Union confirms European Commission’s decision declaring compatible the aid granted by Poland to its historical postal incumbent (Inpost Paczkomaty)

110

The Court of First Instance of the European Union confirms the Commission’s decision not to raise objections to the aid granted by Poland to its incumbent postal operator in the form of compensation for the net cost resulting from the fulfilment by that company of its universal postal service (...)

Alain Ronzano Online statements: The European Commission launches a tool designed to make it easier to submit online statements in leniency, transaction and cooperation procedures (eLeniency)

107

The European Commission announced on 19 March 2019 the launch ofeLeniency"A tool designed to allow companies and their lawyers to submit online corporate statements, observations and supporting documents, or even replies to requests for information made by the Commission in leniency and (...)

Alain Ronzano Retail: The Commission of economic affairs creates a Commission of inquiry on practices by retailers and central purchasing bodies and their commercial relationships with their suppliers

237

On 19 March 2019, the Economic Affairs Committee of the National Assembly approved http://videos.assemblee-nationale.f... unanimously a motion for a resolution to set up a committee of inquiry into the situation and practices of large retailers and their groupings in their commercial relations (...)

Alain Ronzano French Competition Authority: Irène Luc and Henry Piffaut replace Thierry Dahan and Elisabeth Flüry-Herard as vice-presidents of French Competition Authority’s College (Presidential decree)

115

By decree of the President of the Republic dated 18 March 2019 published in the Official Journal of 19 March 2019, 10 of the 17 members of the College of the Competition Authority were renewed. Among them, two new vice-presidents - Irène LucPresident of Chamber 5-4 of the Paris Court of Appeal (...)

Alain Ronzano Reform: The French Competition Authority issues a favourable opinion on the draft bill on the modernisation of press distribution, subject to reservations (Modernisation of press distribution)

180

Seized by the Minister of the Economy regarding the bill to modernize press distribution, the Competition Authority published on April 11, 2019 an opinion No. 19-A-06 dated March 18, 2019.The Commission issued a favourable opinion on the draft law, albeit with many reservations. It thus (...)

Alain Ronzano Sole control: The European Commission publishes the decision authorising a French group to acquire the sole control of Gatwick airport near London (VINCI Airports / Gatwick Airport)

151

On May 14, 2019, the Commission released its decision of March 15, 2019 by which it authorised the acquisition of sole control of Gatwick airport, located in the London area, by Vinci Airports, a subsidiary of the French Vinci group. Vinci Airports manages and operates airports around the (...)

Alain Ronzano Economic continuity: The Court of Justice of the European Union extends the application of the notion of undertaking and of the principle of economic continuity to actions in private enforcement (Vantaan kaupunki / Skanska Industrial Solutions)

732

Taking the view that the determination of the persons liable to pay compensation for competitive harm in private actions is a matter for Union law and not for national law, the Court of Justice of the Union extends the application of the concept of an undertaking and, therefore, of the (...)

Alain Ronzano Reform: The French Court of Audit urges the French Competition Authority and the DGCCRF to reduce the time taken to process their cases and to cooperate better with each other, and calls for a reform of the territorial organisation of the DGCCRF (Competition policy: the action of the French Competition Authority and the DGCCRF)

98

On 4 June 2019, the Court of Auditors published an interim report entitled "Competition policy: the action of the Competition Authority and the DGCCRF".In the same case, the High Court examined the management of the Competition Authority and the activities of the Directorate-General for (...)

Alain Ronzano Stand alone action: The Paris Court of Appeal sanctions a company which had engaged, without having sufficient evidence, an action in stand alone and demanded a substantial compensation (Avi Charente / Lactalis, Nestle)

455

On March 13, 2019, Chamber 5-4 of the Paris Court of Appeal handed down a very interesting decision containing a message that is not without ambiguity addressed to operators who, believing themselves to be victims of anti-competitive practices, without having the elements to prove their claims, (...)

Alain Ronzano Unfair practices: The European Parliament adopts by a large majority the revised text of the draft directive on unfair trade practices in inter-company relations (Food chain)

242

On 12 March 2019, the European Parliament adopted, following a debate in plenary sessionthe draft directive on unfair commercial practices in business-to-business relations in the agro-food chainThe draft resolution was adopted by 589 votes to 72, with 9 abstentions. A tripartite agreement on (...)

Alain Ronzano Geographic market: The French Competition Authority revises its method of analyzing geographic markets in mergers in the automotive distribution sector (Emil Frey Motors, Fiber / Bernard Participations)

234

In recent days, the Competition Authority has posted 13 new merger clearance decisions online, including 11 simplified decisions. Among these is mainly Decision No. 19-DCC-42 of 12 March 2019. concerning the change of joint control of the Bernard company, a decision in favour of which the (...)

Alain Ronzano Clearance: The European Commission allows, subject to significant divestments, a merger in the supply of industrial and medical gases and helium sector (Linda / Praxair)

97

Commission publishes decision authorising, subject to large divestments, the merger between Linde of Germany and Praxair of the United States in the supply of industrial, medical and specialty gases and helium and authorising, without conditions, Total’s US subsidiary to acquire sole control of (...)

Alain Ronzano Follow-up action: The Paris Court of Appeal rejects a claim for consecutive relief in the case relating to practices implemented by a historical operator in the sector of photovoltaic electricity (EDF / Solaire Direct)

204

In the absence of proof of a causal link between the damage suffered and the practices found, the Paris Court rejected a claim for consequential damages in the case of the use of the incumbent operator’s resources and brand image to penetrate the market open to competition for the supply of (...)

Alain Ronzano Unlawful aid: The Court of Justice of the European Union asserts the State members’ competition authorities have the duty to recover the unlawful State aid in presence of a violation of the incentive effect criterion (Eesti Pagar)

229

Taking the view that the authorities of the Member States must confine themselves to a purely formal monitoring of the condition relating to the incentive effect of aid to SMEs, required by Article 8(2) of the General Block Exemption Regulation, the Court of Justice ruled that those authorities (...)

Alain Ronzano Receivability: The first president of the Paris Court of Appeal declares inadmissible a request to refer on the grounds of legitimate suspicion against the Polynesian Competition Authority (Wane)

242

On March 1, 2019, the First President of the Paris Court of Appeal issued an order in a case in which the impartiality of an independent administrative authority, the Polynesian Competition Authority (PCA), was called into question. So what happened in this case? Basically, in April 2016, the (...)

Alain Ronzano Sole control: The French Competition Authority publishes the decision approving an acquisition of sole control in the wine and spirits sector, subject to conditions (Marie Brizard / Cofepp)

111

In the last few days, the Competition Authority has put 9 new merger clearance decisions online, including 8 simplified decisions. These decisions include Decision No. 19-DCC-36 of 28 February 2019. in which the Competition Authority authorised the acquisition of sole control of Marie Brizard (...)

Alain Ronzano Unlawful aid: The General Court of the European Union annuls the decision of the European Commission qualifying the tax treatment of four Spanish professional football clubs as State aid (Fútbol Club Barcelona)

200

Taking the view that, as a result of an error in the assessment of the facts, the Commission has not demonstrated, to the requisite legal standard, the existence of an advantage, the Court of First Instance of the European Union annuls the Commission’s decision classifying as State aid the tax (...)

Alain Ronzano Joint control: The Commission publishes the decision clearing an acquisition of joint control of three companies in the aquaculture sector (Andromeda, Nireus, Selonda / Amerra, Mubadala)

102

On 11 July 2019, the Commission issued the Decision of 15 February 2019 by which it authorised the acquisition of joint control of three Greek companies active in the aquaculture sector - Andromeda, Nireus and Selonda - by the American Amerra and Mubadala of the United Arab Emirates, subject to (...)

Alain Ronzano Jurisdiction: The General Court of the European Union confirms the European Commission’s jurisdiction to monitor the advantageous treatment of direct taxation with respect to State aid rules (Magnetrol International)

133

Confirming the Commission’s competence to review advantageous treatment in the field of direct taxation under the State aid rules, the Court of First Instance of the European Union annuls the Commission’s decision concerning the Belgian system of exemption from excess profits, on the ground that (...)

Alain Ronzano Fines: The General Court of the European Union considers that the European Commission has the duty to reimburse the wrongly sentenced company moratorium interests in addition to the amount of the fine unduly paid (Printeos)

174

Where a penalty decision is annulled, the Commission, which is considered to be in default of payment as soon as the fine is paid, is required to reimburse to the wrongly convicted undertaking, in addition to the amount of the fine unduly paid, default interest. By judgment of 12 February 2019 (...)

Alain Ronzano Exclusive control: The European Commission authorizes a French bank to take sole control of a German bank’s "Equity Markets & Commodities" business, without conditions (Société Générale / Commerzbank EMC Business)

113

The Commission publishes the decision unconditionally authorising Société Générale to take sole control of Commerzbank’s Equity Markets & Commodities business. On 1 March 2019, the Commission posted the decision of 11 February 2019 on line authorising Société Générale to acquire sole control of (...)

Alain Ronzano Exclusive control: The European Commission authorizes an Australian company to take sole control of an American company specializing in the supply of flexible medical packaging (Amcor / Bemis)

84

The Commission publishes the decision authorising, subject to conditions, the Australian company Amcor to acquire sole control of the US company Bemis in the supply of flexible packaging, especially for medical use (+ 2 decisions). In recent days, the European Commission has made public (...)

Alain Ronzano Prescription: The Paris Court of Appeal disregards the prescription period and recognizes the existence of an injury arising from the anti-competitive practice of the cartel of phosphates for animal food (Doux Aliments / Timab Industries, CFPR)

365

The Paris Court of Appeal, hearing a claim for compensation for competitive harm following the conviction of the phosphate cartel for animal feed, set aside the statute of limitations and found that there was damage causally linked to the civil fault resulting from the anti-competitive (...)

Alain Ronzano Economic continuity: The advocate general Wahl invites the Court of justice of the European Union to apply the principle of economic continuity to private actions for damages (Vantaan kaupunki / Skanska Industrial Solutions, NCC Industry, Asfaltmix)

134

Being of the opinion that the determination of the persons liable to pay compensation for the (3) Since the principle that the liability for competitive damage in private actions is a matter of Union law and not national law, Advocate General Wahl calls on the Court to apply the principle of (...)

Alain Ronzano Germany: The German Competition Authority sanctions a social network for an abusive exploitation which consists in combining users’ personal data from various sources and without their consent (Facebook)

251

Bundeskartellamt punishes Facebook for misuse of combining personal data of users from different sources without their consent On 6 February 2019, the Bundeskartellamt issued a decision - in many respects unprecedented - in which it found Facebook to be abusing its dominant position in the (...)

Alain Ronzano Relevant market: The European Commission publishes the decision in favour of which it declared that the acquisition project in the market for very high-speed trains and railway signalling was incompatible with the internal market (Siemens / Alstom)

194

Following the publication of the decision prohibiting the Siemens/Alstom merger and the announcement of the takeover of a German rail operator by the Chinese CRRC, are the Commission’s conclusions on the lack of potential competition still valid? On 2 August 2019, the European Commission made (...)

Alain Ronzano Notion of abuse: The French Competition Authority requires a web search engine to clarify the procedure used in order to suspend its accounts for “misleading or prohibited content” (Amadeus / Google)

147

The Authority warns Google to clarify the procedure for suspending Google Ads accounts for "misleading or prohibited content". On 31 January 2019, the Competition Authority issued its first precautionary measures decision of the year - Decision No. 19-MC-01. - in a case between Amadeus, which (...)

Alain Ronzano Exclusive control: The French Competition Authority authorizes a German multinational company to take sole control of a French company specialized in the fabrication of baking aids, provided remedies (Alsa / Dr. Oetker)

95

The Authority publishes online the decision authorising Dr. Oetker (Ancel) to acquire sole control of Alsa, subject to a commitment to grant a licence for the Ancel brand to a credible player in the sector identified in advance (+ 20 decisions including 18 simplified decisions) In recent (...)

Alain Ronzano Judicial review: The French Administrative Supreme Court refers two questions to the Constitutional Council on a prices and margins control mechanism set up with the reform on the general tax on consumption (Judicial review)

118

The Conseil d’État refers to the Conseil constitutionnel des QPC concerning the price and margin control mechanism introduced when the general consumption tax was introduced in New Caledonia. Following the transmission of QPC by the Administrative Court of New Caledonia, the Conseil d’État, by (...)

Alain Ronzano Broadcasting: The French Competition Authority invites the ARCEP to extend for three years the ex-ante regulation of the upstream wholesale market for DTT broadcasting services (Broadcasting)

83

On January 25, 2019, the Competition Authority issued an opinion No. 19-A-03 in favour of which it has decided to extend for three years the ex ante regulation of the upstream wholesale market for DTT broadcasting services. As ex ante regulation of the upstream wholesale market for DTT (...)

Alain Ronzano Draft bill: The French Senate reintroduces article 71 bis enabling the French Government to implement the ENC+ Directive and adopts an amendment to allow agents of competition authorities to communicate fadettes (PACTE draft bill)

127

The Senate restores, during the discussion in public session, article 71 bis empowering the Government to transpose the ECN+ directive, which the Special Committee of the same Senate had however just deleted, because of legislative cavalierness... and adopts an amendment of the Government (...)

Alain Ronzano Qualification: The Court of Justice of the European Union rejects the qualification of existing State aid to the measures in question in the case of cabotage aid to Sardinia and Sicily (Fallimento Traghetti del Mediterraneo)

179

In the old case of cabotage aid to Sardinia and Sicily, the Court of Justice of the Union ruled out the application of the classification of the measures in question as existing aid. On 23 January 2019, the Court of Justice of the European Union delivered its judgment in State aid case (...)

Alain Ronzano Refusal to grant approval: The Paris Court of Appeal considers that the refusal to grant approval by the head of a selective distribution network results from the execution of an agreement and not from a unilateral practice (Palau / Mazda)

214

The Paris Court of Appeal rightly points out that the refusal of approval in a selective distribution network is the result of the execution of an agreement of wills and not of a unilateral practice, and confirms Mazda France’s right not to renew the contract of an authorised repairer, following (...)

Alain Ronzano Selective distribution: The first President of the Paris Court of Appeal orders a stay of execution of the injunctions pronounced by the French Competition Authority in the case of the remote sale of motor vehicle equipment of a German trademark (Stihl)

174

By order of January 23, 2019The representative of the First President of the Paris Court of Appeal, with the support of the Public Prosecutor’s Office, has ordered, with the support of the Public Prosecutor’s Office, the stay of execution of all the injunctions against the Stihl companies by (...)

Alain Ronzano Private enforcement: Advocate General Kokott releases her opinion in a Portuguese case in which the application of the EU Damages Directive is discussed for the first time (Cogeco Communications / Sport TV Portugal)

193

Advocate General Kokott delivers his Opinion in a Portuguese case in which the application of the Damages Directive is raised for the first time. On 17 January 2019, Advocate General Juliane Kokott delivered her Opinion. in Case C-637/17 (Cogeco Communications Inc v Sport TV Portugal, SA and (...)

Alain Ronzano Ineligibility: The French Competition Authority newly rejects a complaint due to a deficiency in the delimitation of the relevant market, and another one for lack of evidence (Transports)

139

The Competition Authority again rejects, without giving any reasons, a referral on the grounds of a failure to define the relevant market ... and rejects a referral in the sector of on-line airline ticket reservation services, taking the view that the practices complained of were not supported (...)

Alain Ronzano Referral: The European Commission will examine the acquisition of a French shipbuilding yard by an industrial Italian group (Chantiers de l’Atlantique / Fincantieri)

215

The European Commission indicated on 8 January 2019 that it had accepted France’s request for referral pursuant to Article 22(1) of the EU Merger Regulation concerning the proposed acquisition of Chantiers de l’Atlantique by Fincantieri, which transaction does not have a European dimension within (...)

Alain Ronzano Control: The European Commission extends the general regulation on block exemption and the de minimis regulation, as well as several guidelines and communications, and begins a quality audit (Modernization of State aid control)

166

The Commission intends to extend the General Block Exemption Regulation (GBER) and the de minimis Regulation, as well as several guidelines and notices, until 2022 and is starting an evaluation in the form of a "quality check" of all the rules adopted in the framework of the modernisation of (...)

Alain Ronzano Contractual freedom: The DGCCRF puts an end to a local cartel restricting commercial freedom of the adherents of an economic interest grouping (Taxis of the city of Toulouse)

79

The DGCCRF is putting an end to a local CAP on the taxi market in the city of Toulouse. Following an investigation in 2017, the DGCCRF terminated an anti-competitive cartel more classic between the members of a taxi EIG. This EIG, which operates Toulouse’s largest taxi booking centre, groups (...)

Alain Ronzano Clearance: The French Competition Authority authorizes the creation of a joint venture by two companies in the tax refund services sector, it also clears a French company specialized in medias and communication to take sole control of a publishing group (Cash Paris Tax Refund / Global Blue, Planet Payment ; Vivendi / Editis)

116

The Authority publishes online the decision authorizing, subject to conditions, the creation of the company Cash Paris Tax Refund by the companies Global Blue and Planet Payment in the VAT refund services sector, as well as the decision authorizing the Vivendi group to take sole control of the (...)

Alain Ronzano Clearance: The French Competition Authority publishes decisions authorizing mergers, including the acquisition of a company specialized in the work on railway infrastructures by a large French group (Meccoli / Eiffage)

315

The French Competition Authority has posted decisions authorising the acquisition of the Meccoli group by Eiffage, the acquisition of Decitre by the bookseller Le Furet du Nord and the acquisition of Vacances Héliades by the Marietton group (37 decisions, including 36 simplified decisions). (...)

Alain Ronzano Exchange of informations : Chamber 5-7 of the Paris Court of Appeal reforms a decision sanctioning the exchange of information in the wallpaper sector in France (Graham & Brown…)

289

The present judgment follows a reference after cassation. We remember that on April 14, 2016.the Paris Court of Appeal had come to reform Decision No. 14-D-20 of 22 December 2014. in respect of two groups of undertakings against which the companies penalised had lodged an appeal against the (...)

Alain Ronzano Ministerial transaction: The Paris Court of Appeal rules on appeals against the decision sanctioning a local anti-competition practice following the refusal of a ministerial transaction (Sécurité Vol Feu)

107

Analysis of the appeal against Decision No. 18-D-05 of March 13, 2018This followed the refusal of one of the companies in question to accept the transaction proposal made to it by the DGCCRF in accordance with Article L. 464-9 of the Commercial Code, which led to the matter being referred to (...)

Alain Ronzano Predatory practices: The Paris Court of Appeal confirms the absence of the abuse of dominance, the only exercise of intellectual property rights from a patent canceled a year later can not characterize it (Coyote System)

202

On 19 December 2018, Chamber 5-4 of the Paris Court of Appeals delivered a very interesting judgment, in which it ruledin a case concerning the marketing of[_GoBack<- boxes.] rs speed camera warnings, then, from 2011, under pressure from the public authorities, a simple "driving assistance (...)

Alain Ronzano Legality: The French Supreme Civil Court states that articles L. 420-2 and L. 420-6 from the Commercial Code do not violate the principle of legality of offences and sentences (Judicial review)

112

On 8 January 2019, the Court of Cassation issued a ruling on 19 December 2018, in which it ruled by his Criminal Division. It will be recalled that on 15 October 2018, the Court of Cassation had been seized of a priority constitutionality issue in the context of an appeal against a ruling (...)

Alain Ronzano Compensation: The Court of Justice of the European Union puts an end to the dispute over damages for the excessive duration of proceedings before the General Court of the European Union (Gascogne, Kendrion, ASPLA et Armando Álvarez / EU)

157

On 13 December 2018, the Court of Justice of the European Union delivered three judgments in joined cases C-138/17 (European Union v. Gascony Sack Deutschland and Gascony) and C-146/17 (Gascony Sack Deutschland and Gascony v. European Union).inCase C-150/17 (European Union v Kendrion) and in (...)

Alain Ronzano Phase II: The Commission publishes a decision authorising, following a phase II and subject to conditions, an acquisition in the digital security sector (Thales / Gemalto)

117

On 20 August 2019, the Commission published the Decision of 11 December 2018 in which it authorized, following a phase II and subject to conditions, the acquisition of the Dutch digital security specialist Gemalto by the French company Thales. The proposed transaction was aimed at combining (...)

Alain Ronzano Continuing and repeated infringement: The French Competition Authority hands down fines worth a total of €189 million to six household appliance manufacturers by using for the first time the « continuing and repeated infringement » concept and by appliying the « Leniency Plus » programme (Electrolux, Whirlpool, Brandt…)

405

On December 6, 2018, the Competition Authority issued a decision No. 18-D-24 adopted on 5 December 2018 under which it imposes fines totalling €189 million on six household appliance manufacturers with a high combined market share of 70% in 2012 and marketing well-known brands (pt. 190) - BSH (...)

Alain Ronzano Clearance: The European Commission clears four mergers in the pharmaceutical, telecommunications, sparkling water makers and household appliances sectors (CVC / Recordati; BC Partners / United Group; Pepsico / SodaStream International; Haier / Candy)

141

By decision of 4 December 2018The Commission has approved the acquisition of the Italian laboratory Recordati, which develops and markets branded and generic drugs, in particular for the treatment of cardiovascular disorders and rare diseases, by the investment fund CVC, active in the (...)

Alain Ronzano Efficiency gains: The European Commission publishes the decision approving the consolidation of the Dutch mobile phone market, in which it accepts efficiency gains (T-Mobile / Tele2)

422

On 15 April 2019, the European Commission made public the decision of 27 November 2018. by which it authorised the acquisition of sole control of Tele2 NL, a subsidiary of the Swedish company Tele2, by T-Mobile NL, a subsidiary of Deutsche Telekom, the fourth and third operators respectively on (...)

Alain Ronzano Selectivity: The General Court of the European Union confirms the selective nature of the Spanish regime for the deduction of investments in foreign companies (World Duty Free Group, Banco Santander, Santusa Holding / European Commission)

115

Applying the broad interpretation of the condition of selectivity of State aid based on the sole finding of the discriminatory nature of the measure derogating from the common tax system formulated by the Court of Justice in 2016, the Court of First Instance of the European Union confirms the (...)

Alain Ronzano Annulment: The General Court of the European Union annuls European Commission’s decision not to oppose the aid scheme introducing a capacity market in the United Kingdom, believing that it was required to open a formal investigation procedure (Tempus Energy)

66

In June 2014, the United Kingdom notified to the Commission an aid scheme introducing a cross-Channel capacity market. Fearing that electricity production would no longer be sufficient to meet peak demand periods, the UK authorities sought in this way to provide incentives to capacity (...)

Alain Ronzano Existing aid: The General Court of the European Union confirms the European Commission’s decision approving and making binding the commitments made by the Kingdom of the Netherlands to amend the Dutch social housing financing system (Stichting Woonlinie, Woningstichting Volksbelang, Stichting Woonstede)

105

By judgment, after a second reference, rendered on November 15, 2018 in Joined Cases T-202/10 RENV II and T-203/10 RENV II, dismisses in their entirety the actions brought by six wocos against the Commission’s decision of 15 December 2009 by which the latter had approved and made binding the (...)

Alain Ronzano Sole control: The European Commission publishes a decision approving the acquisition of sole control in the paper products and packaging manufacturing sector, subject to conditions (DS Smith / Europac)

153

Commission publishes decision authorising, subject to conditions, the UK company DS Smith to acquire sole control of the Spanish company Europac in the paper and packaging sector (+ 1 decision). On 8 April 2019, the European Commission published two merger control decisions. The first (...)

Alain Ronzano Admissibility: The Court of Justice of the European Union considers admissible the appeal against the Commission’s decision qualifying the aid measures of Portuguese bank incompatible with the interior market since the appeal is likely to bring a benefit to the applicant (BPC Lux 2)

137

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 Commission).. The Court orders the annulment of the order of the Court of First Instance of the European Union of 19 July 2017 (not published), by which the Court (...)

Alain Ronzano European competition network: After a political agreement between the European Parliament and the Council, the European Parliament adopts at first reading the amended proposal for an ECN+ directive (Amendements)

101

On 14 November 2018, the European Parliament, meeting in plenary session, broadly adopted (569 against 70 and 36 abstentions), on the basis of the report by Andreas Schwab, the amended proposal for a directive of the European Parliament and of the Council aimed at providing the competition (...)

Alain Ronzano Remedies: The European Commission publishes a decision clearing the creation of six joint ventures subject to behavioural remedies in the automobile sector (Daimler / BMW)

455

On 11 April 2019, the European Commission published the decision of 7 November 2018. by which it authorised the creation of six full-function joint ventures (pt. 24) by Daimler and BMW, subject to certain conditions. The two German car manufacturers therefore planned to set up six joint (...)

Alain Ronzano Exoneration: The Court of Justice of the European Union annuls the decision of the General Court as the European Commission denounced the recuperation of unlawful aid in the form of exemption from the municipal tax on buildings, because of the lack of proof of the absolute impossibility of recovery (Scuola Elementare Marie Montessori / Commission)

343

On 6 November 2018, the Court of Justice of the European Union delivered its judgment in Joined Cases C-622/16 to C-624/16 (Scuola Elementare Maria Montessori Srl and others).The European Commission has adopted a proposal for a Council Decision on the Italian municipal property tax. In this (...)

Alain Ronzano Anticompetitive practice: The French DGCCRF sentences two public establishments for anticompetitive agreement in the context of a tender offer in the sector of professional training to forestry work in the Auvergne-Rhône-Alpes region (Professional training to forestry work sector)

203

On November 6, 2018, the DGCCRF made public a decision concerning a local CAP issued on the basis of Article L. 464-9 of the French Commercial Code. It concerns practices identified in the sector of vocational training for forestry work in the Auvergne-Rhône-Alpes region.. The case concerns a (...)

Alain Ronzano Clearance: The Commission publishes the decision approving, subject to conditions of divestment, a television channel to acquire film and television studios and the decision approving a sole control in the copper rolled products sector (The Walt Disney Company / Twenty-First Century Fox; MKM / KME)

98

The Commission makes public the decision authorising, subject to divestment conditions, Disney’s acquisition of the Twentieth Century Fox film and television studios and Fox’s National Geographic channels (+ 1 decision). In recent days, the European Commission has published two merger decisions. (...)

Alain Ronzano Sectorial inquiry: The European Commission publishes its first report about the application of the Union competition rules to the agricultural sector (Agricultural sector)

131

On 26 October 2018, the European Commission published the first report on the application of competition rules in the agricultural sector.. This report is made in the framework of Article 225(d) of the Regulation on the common organisation of the markets ("CMO Regulation"), which requires the (...)

Alain Ronzano Selective distribution: The French Competition Authority fines a manufacturer for vertical practices preventing its authorized distributors from selling its products online (Distribution of handheld power equipment sector)

318

On 24 March 2018, the Competition Authority, after an express instruction (18 months from the transmission to the Authority’s general rapporteur by the Minister for the Economy of the results of the investigation carried out by the Direccte Grand Est), issued Decision No 18-D-23 severely (...)

Alain Ronzano Sole control: The European Commission publishes a decision unconditionally approving a French group to acquire sole control of a Finnish company in the maritime transport sector (CMA CGM / Container Finance)

74

On 10 April 2019, the European Commission published the decision of 22 October 2018.The Commission has authorised the acquisition of the Finnish company Container Finance by the French group CMA CGM. Container Finance is a holding company that controls Containerships, a company specialised in (...)

Alain Ronzano Exclusive control: The European Commission authorizes an American multinational technology corporation to take sole control of a collaboration platform for software developers (Microsoft / GitHub)

74

On November 19, 2018, the European Commission put online the decision of October 19, 2018 by which it granted Microsoft sole control over GitHub, a US-based company active in the provision of DevOps tools, i.e. access to software development platforms that allow developers to collaborate on (...)

Alain Ronzano Annulment: The General Court of the European Union annuls for violation of the principle of equal treatment and judicial review a decision re-adopted after a first annulment, in one of the aspects of the case of the cartel of heat stabilizers (GEA)

128

On 18 October 2018, the Court of First Instance of the European Union delivered a judgment in Case T-640/16 (GEA Group v. Commission).. It seeks annulment of the decision of the European Commission adopted on 29 June 2016.. On 29 June 2016, the European Commission had re-adopted an amending (...)

Alain Ronzano Sector inquiry: The French Competition Authority conducts an initial assessment of the sector inquiry about the functioning of competition in pharmaceutical and medical biology sectors and launches a public consultation (Healthcare)

225

After several opinions issued in recent years on the functioning of competition in the medicinal products sector, with mixed success as we know, the Authority, it will be remembered, decided to launch in November 2017A sector inquiry into the functioning of competition in the pharmaceutical and (...)

Alain Ronzano Exclusive control: The French Competition Authority clears the acquisition of sole control of the French commercial sales brand specialized in the distribution of sporting and leisure goods (Sport 2000 / Activa Capital)

173

In the last few days, the Competition Authority has put 10 new merger clearance decisions online, including 9 simplified decisions. These decisions include Decision No. 18-DCC-169 of 18 October 2018. by which it authorised the investment fund Activa Capital to acquire sole control of Sport (...)

Alain Ronzano Franchise agreement: The French Competition Authority rejects, for lack of evidence, the complaint of franchised stores about the fact that they had to change their brand following the acquisition of their franchisor (Pizza delivery and takeaway sector)

163

On 26 October 2018, the Competition Authority issued Decision No. 18-D-22 of 17 October 2018. under the terms of which, in the absence of sufficiently convincing evidence, it rejects, on the basis of the second paragraph of Article L. 462-8 of the Commercial Code, the referral made by three (...)

Alain Ronzano Compatibility : The General Court considers, in a Dutch aid case concerning the subsidised acquisition of natural areas, that the Commission should have initiated the formal investigation procedure and annuls the decision concluding that the measure is compatible (Vereniging Gelijkberechtiging Grondbezitters / Commission)

91

On 15 October 2018, the General Court of the European Union delivered a judgment in State aid case T-79/16 (Vereniging Gelijkberechtiging Grondbezitters and Others v Commission).. It seeks annulment of the Commission’s decision of 2 September 2015.The Commission concluded that State aid was (...)

Alain Ronzano Clearance: The French Competition Authority clears the takeover of a Swedish health group by the first group of private clinics and hospitals in France (Capio / Ramsay Générale de la Santé)

440

In recent days, the Competition Authority has posted 8 new merger clearance decisions online, including 7 simplified decisions. These decisions include Decision No. 18-DCC-162 of 15 October 2018. on whose behalf the Competition Authority, after referral of the case by the European Commission (...)

Alain Ronzano Commitments: The General Court of the European Union considers inadmissible the actions of third parties against the Commission’s replies interpreting the scope of the final commitments in a merger between German telephone operators (Telefónica Deutschland / E-Plus)

124

On 9 October 2018, the General Court of the European Union delivered three judgments in a case concerning the fulfilment of commitments entered into by Telefónica Deutschland in the context of the Commission’s decision of 2 July 2014 which allowed it to take over the telecommunications operator (...)

Alain Ronzano Exclusive distribution : The French Competition Authority imposes for the 5th time fines for exclusive import practices overseas after the “Lurel” Act (Sector of distribution of consumer goods)

231

On October 8, 2018, the Competition Authority issued u Decision No. 18-D-21 under the terms of which it sanctions, for the fifth time after the entry into force of the Lurel Act, the maintenance, after the entry into force of the Lurel Act, of agreements containing exclusive import rights in (...)

Alain Ronzano Abuse of dominance: The French Competition Authority dismisses a claim denouncing the abuse of dominance of the chambers of agriculture for lack of evidence (Publishing and marketing of IT management solutions for the agricultural profession sector)

414

On 26 October 2018, the Competition Authority also made public a decision No. 18-D-20 of 5 October 2018. in which a possible abuse of a dominant position held by the Chambers of Agriculture and their Permanent Assembly (APCA) was at issue. In the case in question, the National Association of (...)

Alain Ronzano Competition Policy: The French Competition Authority makes proposals in order to stimulate the competition in the construction materials market in Mayotte and La Réunion (Construction materials sector)

99

On 3 October 2018, the Authority adopted an Opinion No 18-A-09 concerning the competitive situation in the building materials markets in Mayotte and La Réunion. It is in response to the request made on December 16, 2016, by the Minister of the Economy (attached as an appendix to this notice). It (...)

Alain Ronzano Clearance: The European Commission clears, without conditions, the acquisition of the distributor of fastening systems for aeronautics and aerospace chemicals by the aeronautical and aerospace manufacturer (Boeing / KLX)

100

On October 31, 2018, the European Commission posted a decision online under which it authorizes the acquisition of the US company KLX Inc. by Boeing. KLX is a distributor of small so-called Class C parts (low-value parts that are not repaired but replaced when damaged), including aerospace (...)

Alain Ronzano Fines: The Paris Court of appeal rules that the increase of 25 % of fines for the reiteration in the case of the practices implemented in the sector of services for photovoltaic electricity generation is proportional (EDF)

165

On 27 September 2018, the Paris Court of Appeals delivered its decision in the case of practices implemented by EDF in the services sector for the production of photovoltaic electricity. This judgment comes after the Commercial Chamber of the Court of Cassation censured, by judgment of 27 (...)

Alain Ronzano Proportionality test: The Court of Justice of the European Union annuls a judgment in the smart card chips cartel case and sends it back to the General Court to reexamine the proportionality of the fine (Infineon Technologies)

394

On 26 September 2018, the Court of Justice of the European Union, following the recommendations of the Court of Justice of the European Communities, will, in this connectionformulated by Advocate General Wathelet, has reminded the Court of First Instance, in a judgment in Case C-99/17 (Infineon (...)

Alain Ronzano Pharmaceutical sector: The General Court of the European Union confirms the rejection of the complaint against the general terms and conditions of a pharmaceutical company to Spanish wholesalers for lack of European Union interest since the conduct in question had ceased since 1998 (European Association of Euro-Pharmaceutical Companies)

156

On 26 September 2018, the General Court of the European Union delivered a judgment in Case T-574/14 (European Association of Euro-Pharmaceutical Companies (EAEPC) v European Commission).. It dismissed the action brought by a European association representing the interests of independent (...)

Alain Ronzano Modification : The Advocate general Campos Sánchez-Bordona invites the Court of Justice of the European Union to rule that the modification of the German audiovisual fee in 2013 does not led to a substantial modification of an existing aid which should have been notified and therefore does not constitute an unlawful State aid (Südwestrundfunk / Tilo Rittinger)

187

On 26 September 2018, Advocate General Campos Sánchez-Bordona delivered his Opinion in State aid case C-492/17 (Südwestrundfunk v Tilo Rittinger and others).. It follows a reference for a preliminary ruling from the Tübingen Regional Court in Germany. It concerns the amendment of the criterion (...)

Alain Ronzano Significant imbalance: The French Supreme Commercial Court refers to the Constitutional Council a question of constitutionality on the judicial control of prices (Système U)

123

In recent days, the Commercial Chamber of the Court of Cassation has handed down two rulings in cases involving practices restricting competition. The first judgment, delivered on 26 September 2018, is as follows in the System U case, concerns commercial cooperation. It confirms in all (...)

Alain Ronzano Incentive effect: The advocate general Wathelet invites the Court of Justice of the European Union to rule that the authorities of the member states are obliged to recover unlawful aid in case of a breach of the incentive effect criteria (Eesti Pagar / Ettevõtluse Arendamise Sihtasutus, Majandus- ja Kommunikatsiooniministeerium)

131

On 25 September 2018 Advocate General Melchior Wathelet delivered his Opinion in Case C-349/17 (Eesti Pagar AS v Ettevõtluse Arendamise Sihtasutus, Majandus- ja Kommunikatsiooniministeerium).which originated in the reference for a preliminary ruling from the Tallinn Court of Appeal in Estonia. (...)

Alain Ronzano Tender offer: The French Competition Authority fines a cartel implemented in the context of tender offers in the electricity and public lighting sector in Ardèche (Sector of electricity and public lighting)

219

It will be remembered that in June 2017, the DGCCRF had terminated a local PAC concerning an agreement implemented in the context of calls for tenders in the public lighting sector in the Ardèche department.. Several towns in the Ardèche department had launched consultations concerning works (...)

Alain Ronzano Professionnal order: The French Competition Authority rejects, due to lack of evidence, the complaint about practices of the Limoges Bar designed to push a law firm out of the market (AGN Avocats / Barreau de Limoges)

92

It will be recalled that on 18 July 2018, AGN Avocats was notified by AGN Avocats of exclusionary practices allegedly implemented by the Toulouse Bar Association, and the Competition Authority issued a decision No. 18-D-12 at the end of which it had rejected a request for provisional measures, (...)

Alain Ronzano Modification of an aid: The Court of Justice of the European Union considers that an increase in the revenue generated by a parafiscal tax financing an authorised aid scheme compared to the estimates notified to the Commission constitutes a modification of the existing aid if it exceeds 20% of the initial budget (Carrefour Hypermarchés / Ministre des finances et des comptes publics)

211

On 20 September 2018, the Court of Justice delivered a judgment in Case C-510/16 (Carrefour Hypermarchés SAS and Others v Minister for Finance and Public Accounts).. The present case is part of a reference for a preliminary ruling by the French Conseil d’État and concerns one of the three taxes, (...)

Alain Ronzano Lack of community interest: The Court of Justice of the European Union confirms the decision rejecting a complaint for lack of community interest in a polish case of parallel imports of plant protection products (Agria Polska)

150

On 20 September 2018, the Court of Justice delivered a judgment in Case C-373/17 (Agria Polska sp. z o.o. and Others v Commission). relating both to the possibility of the Commission to reject a complaint for lack of Union interest and to the right to effective judicial protection. In the (...)

Alain Ronzano Service of general economic interest: The Court of Justice of the European Union confirms that the measures taken in favor of the deployment of digital terrestrial television in Spain are incompatible (Spain / Commission)

141

On 20 September 2018, the Court of Justice delivered a judgment in Case C-114/17 (Kingdom of Spain v. European Commission).. The present case concerns measures implemented by the Spanish authorities in the context of the switchover from analogue to digital broadcasting in Spain with regard to (...)

Alain Ronzano Excessive prices: The French Competition Authority fines an excessive pricing practice causing not only an exploitative abuse but also an exclusionary abuse (Medical waste disposal sector)

278

By Decision No. 18-D-17, rendered on September 20, 2018 In the sector of waste disposal for healthcare activities with an infectious risk in Corsica, the Competition Authority sanctions excessive pricing. Following an investigation carried out by the DGCCRF, which the Authority did not wish to (...)

Alain Ronzano Real advantage: The Court of Justice of the European Union considers that the simple presumption is not reversed when the “EPIC” (public enterprise of an industrial and commercial nature) has not received any real benefit from its status in the past (IFP Énergies nouvelles)

340

Taking the view that the simple presumption laid down in the La Poste judgment is not rebutted by showing that the EPIC has not derived any real advantage from its status in the past and that it can be extended, beyond financial institutions, to the EPIC’s relations with its suppliers and (...)

Alain Ronzano Compatible state aid: The General Court annuls the Commission’s decision that declares the state guarantees and tax aids granted to the consortium responsible for the construction of the tunnel between Copenhagen and Malmö compatible and that was adopted without opening the formal inquiry (HH Ferries)

138

On 19 September 2018, the Court of First Instance of the European Union delivered a judgment in Case T-68/15 (Scandlines Øresund and Others v Commission).. Since the year 2000, there have been two ways of crossing the Øresund Strait between Denmark and Sweden. First, south of the strait, between (...)

Alain Ronzano Selective nature of an aid: Advocate General Saugmandsgaard Øe urges the Court to choose the traditional method of analysis to judge the selective nature of an exemption (A-Brauerei)

151

On 19 September 2018, Advocate General Saugmandsgaard Øe delivered his Opinion in Case C-374/17 (Finanzamt B v A Brauerei).The case is being referred to the Court following a reference for a preliminary ruling from the German Federal Finance Court. That application is made in the context of a (...)

Alain Ronzano Agricultural sector: The Senate’s Economic Affairs Committee raises a preliminary question on constitutionality whose may result in the rejection of the text in a new reading (Bill in the agricultural and food sector)

80

After the failure of the Joint Joint Committee and the new reading of the text before the National Assembly, the discussion on the bill for balanced trade relations in the agricultural and food sector and healthy, sustainable and accessible food for all continues, for a new reading before the (...)

Alain Ronzano Private investor: The General Court confirms, in the case of Belgian state aids to the steel sector, that the participation in a capital increase did not fulfill the private investor criterion (Duferco)

120

In the case of Belgian aid to the steel sector, the Court of First Instance of the European Union confirms that the participation of the Walloon Region in an increase in the capital of the Duferco group did not satisfy the private investor test. On 18 September 2018, the General Court of the (...)

Alain Ronzano Agricultural sector: The French National Assembly examines in a new reading the bill for the balance of commercial relations in the agricultural and food sector (Bill for agricultural and food sector )

83

After the failure of the Joint Joint Commission, the discussion on the bill for balanced trade relations in the agricultural and food sector and healthy, sustainable and accessible food for all resumed, for a new reading in the National Assembly. After two days of work in Committee, on 17 and (...)

Alain Ronzano Investigations: The Special Committee of the French National Assembly adopts without discussion the Government’s amendment seeking to reform competition procedures (Bill on the change and transformation of enterprises)

141

During the night of 14 to 15 September 2018, the Special Commission to review the Business Growth and Transformation Bill adopted, without any discussion, the following legislationamendment No 2029 presented by the Government aimed at authorizing it to transpose the ECN+ directive by means of (...)

Alain Ronzano Existing state aid: Advocate General Nils Wahl asks the Court to dismiss the application of the existing state aid classification to the measures in question in the case of cabotage aid to Sardinia and Sicily (Fallimento Traghetti del Mediterraneo)

125

On 13 September 2018, Advocate General Nils Wahl delivered his Opinion. in State aid case C-387/17 (Presidenza del Consiglio dei Ministri v Fallimento Traghetti del Mediterraneo SpA). The Court of Justice of the European Union is asked to reply to the reference for a preliminary ruling by the (...)

Alain Ronzano Cartel: The French Supreme Civil Court censures the Paris Court of Appeal in the endive case for having held that the practices in question could be removed from the ban on cartels, without investigating whether the conditions for such a subtraction, stated by the Court of justice, were reunited (Endive cartel)

275

In a judgment delivered on 12 September 2018the Commercial Chamber of the Court of Cassation, intervening following the judgment delivered on 14 November 2017 by the Court of Justice of the European Union in the case of endives (C-671/15, APVE and Others), on the latter’s reference for a (...)

Alain Ronzano Exclusive control: The European Commission authorizes, unconditionally, the acquisition of the main music recognition application by an American multinational company (Apple / Shazam)

78

On November 12, 2018, the European Commission published the decision of September 6, 2018 authorising Apple to acquire sole control of Shazam, a UK company which develops and distributes the leading music recognition application in the EEA and worldwide. This app allows consumers to recognise (...)

Alain Ronzano Regulated prices: The Government initiates a reform of competition procedures and adapts regulated prices for the sale of natural gas and electricity to EU law (PACTE draft bill)

145

During the discussion of the Business Growth and Transformation Act, known as the "PACT"...->http://www.assemblee-nationale.fr/dyn/15/dossiers/alt/Croissance_transformation_des_entreprises]The Government, whose work in the Commission began on 5 September 2018, has presented an amendment n° 2029 (...)

Alain Ronzano Exclusive control: The European Commission clears the transition from a joint control of the first Italian mobile operator to an exclusive control of a multinational conglomerate under the condition of pursuing the remedies which allowed a French telecommunication group to enter the Italian market (Hutchison / Wind Tre)

154

On October 16, 2018, the Commission released its decision adopted on August 31, 2018. authorising, subject to conditions, the change from joint control by Hutchison and VEON of Wind Tre - the leading Italian mobile telephone operator with approximately 29 million mobile customers and the second (...)

Alain Ronzano Clearance: The French Competition Authority allows the takeover of a group specialized in the garden universe, under the condition of the transfer or termination of 11 stores (Jardiland / InVivo)

199

In recent days, the Competition Authority has posted 14 new merger clearance decisions online, including 13 simplified decisions. Among these decisions, there is only one non-simplified decision, Decision No. 18-DCC-148 of 24 August 2018. in favour of which the Competition Authority has (...)

Alain Ronzano Joint control: The Court of Justice of the European Union clears a merger, under the condition of disinvestment, in the fresh produce distribution market (Total Produce / Dole)

179

On 8 and 9 November 2018, the European Commission posted four merger decisions issued in 2018 online. Let’s start with the decision rendered on July 30, 2018. authorising Total Produce, one of the leading distributors of fresh produce in the EU, to acquire joint control of the American company (...)

Alain Ronzano Commitments: The French Competition Authority fines a groupe specialized in the distribution of household appliances sector for failure to comply with structural remedies conditioning their rapprochement (Fnac / Darty)

146

On 12 October 2018, the Competition Authority issued Decision No. 18-D-16 of 27 July 2018. 20 million in respect of Fnac-Darty for failure to comply with the commitments made in Decision 16-DCC-111 of July 27, 2016. authorizing Fnac to take sole control of Darty. It will be remembered that (...)

Alain Ronzano Refusal to supply: The Court of Justice of the European Union confirms the decision of the General Court in a case of abuse of dominant position on the market of internet providers in Poland (Orange Polska)

356

On 25 July 2018, the Court of Justice of the European Union delivered its judgment inCase C-123/16 (Orange Polska SA v. European Commission). following the appeal brought by Orange Polska SA against thejudgment of the General Court of the European Union delivered on 17 December 2015 in Case (...)

Alain Ronzano Selectivity of an aid : The Court of Justice of the European Union considers necessary to appreciate the selectivity of an aid at the level of the Economic Interest Grouping and not only at the level of members (Lico Leasing)

149

On 25 July 2018, the European Court of Justice delivered its judgment in Case C-128/16 (European Commission v. Spain and others).. It will be recalled that, by judgments of 17 December 2015 in Joined Cases T-515/13 (Spain v Commission) and T-719/13 (Lico Leasing, SA and Pequeños y Medianos (...)

Alain Ronzano Incompatible State Aid: The Court of Justice of the European Union considers inadmissible the request for a preliminary ruling made by an administrative court as not the proper way to doubt the validity of a Commission’s decision on an incompatible State Aid in the case of the German mechanism of promotion of renewable energy (Georgsmarienhütte)

324

On 25 July 2018, the Court of Justice of the European Union delivered its judgment in Case C-135/16 (Georgsmarienhütte GmbH and Others v Federal Republic of Germany).which follows a reference for a preliminary ruling from the Administrative Court of Frankfurt am Main. The present case (...)

Alain Ronzano Rights of defence: Advocate General Kokott invites the Court of Justice of the European Union to confirm the violation of the rights of defense in the case of the merger between two actors of the express transport of goods (UPS)

137

On 25 July 2018, Advocate General Juliane Kokott delivered her Opinion in Case C-265/17 (Commission v United Parcel Service).which are currently not available in French. It calls on the Court of Justice to uphold the judgment in which the Court of First Instance annulled the Commission’s (...)

Alain Ronzano Remedies: The French Competition Authority accepts the engagements made in the case of disappearance of satellite diffusion via a "card only" decoder to fight against piracy and maintain alternative offers (Groupe Canal Plus)

117

On 24 July 2018, the Competition Authority issued its Decision No. 18-D-14 on practices implemented in the marketing of satellite television signal decoders. It will be recalled that following a referral by a satellite decoder manufacturer, denouncing the practices implemented by the company (...)

Alain Ronzano Price fixing: The European Commission fines four electronic manufacturers for pricing practices imposed on their online retailers, highlighting increased use of automated software by retailers for monitoring and prices (Asus / Denon & Marantz / Philips / Pioneer)

359

On 26 September 2018, the Commission published four separate decisions adopted on 24 July 2018 in which it fines four consumer electronics manufacturers a total of €111 million for online resale price maintenance on products as diverse as hi-fi products, kitchen appliances, hairdryers, laptops, (...)

Alain Ronzano Abuse of dominant position: The European Commission inflicts a 4,34 billion euro fine concerning the abuse of dominant position of a search engine on smartphones (Google Search Android)

237

Higher and higher! The Commission has therefore 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 operating systems and online application stores for the Android mobile (...)

Alain Ronzano Investigations: The French Competition Authority rejects the precautionary measures but decides to continue the investigations on a possible cartel between bar associations (AGN Avocats)

126

On 18 July 2018, the Competition Authority issued Decision No 18-D-12 at the end of which it rejects a request for provisional measures, but considers that the merits of the case should be further investigated. At the origin of the referral is a law firm that wishes to develop a standardised (...)

Alain Ronzano Simplified procedure: The French Competition Authority publishes 38 new merger clearance decisions, including 35 simplified decisions (Total / Worex ; Serma / Chequers Partenaires ; Alpha Direct Services / Log’Hopp ; Malakoff Médéric / Humanis ; Besson Chaussures / Weinberg Capital Partners, Philippe Ginestet)

196

In recent weeks, the Competition Authority has posted 38 new merger clearance decisions online, including 35 simplified decisions. These decisions include Decision No. 18-DCC-119 of 18 July 2018. on behalf of which the French Competition Authority has authorised the acquisition by Total (...)

Alain Ronzano Fine: The General Court of the European Union confirms the 300 million euros fine of the European Commission against a cartel in the electric cable sector (Nexans; Viscas; Brugg Kabel; NKT...)

240

It will be remembered that in a decision rendered on April 2, 2014At the same time, the Commission imposed fines totalling € 302 million on 11 producers of underground and submarine high-voltage power cables used to connect generation capacity to the electricity grid or to interconnect the (...)

Alain Ronzano State aid compatible with the internal market: The General Court of the European Union recognizes to each Member State the right to determine its energy mix and include nuclear energy concerning the case of the nuclear plant of Hinkley Point C (Autriche / Commission)

174

On 12 July 2018, the General Court of the European Union delivered a judgment in State aid case T-356/15 (Austria v Commission)..

 The case concerns the UK project to subsidise the construction and operation of a new nuclear power plant using EPR technology at Hinkley Point in Somerset, which (...)

Alain Ronzano Clearance: The European Commission clears unconditionally an acquisition in the aviation sector and a joint acquisition in the toll motorway sector (LaudaMotion / Ryanair ; Abertis / ACS, Atlantia)

112

In the last few days, the European Commission has posted two decisions approving concentrations, issued on 6 and 12 July 2018 respectively. Let’s start with the decision of July 12, 2018. s acquisition of LaudaMotion by Ryanair was unconditionally cleared by the Commission. Following the (...)

Alain Ronzano SGIE: The General Court of the European Union rejects the appeals on the decision of the Commission on the incompatibility of the aids attributed to passenger transport bus in the Campania region (Buonotourist, Azienda della Mobilita)

122

On 11 July 2018, the General Court of the Union delivered two judgments in identical terms in State aid cases T-185/15 (Buonotourist v Commission) and T-186/15 (CSTP Azienda della Mobilità v Commission). 

Les appeal for annulment of the two decisions handed down on 19 January 2015 by the (...)

Alain Ronzano Leniency profit: The French Supreme Court confirms that the leniency to a daughter company does not benefit to the former mother if it did not ask for leniency (GEA Group)

301

On 10 July 2018, the Commercial Chamber of the Court of Cassation handed down an interesting decision in which it ruled that the leniency application had been rejected.It confirms the principle adopted by the Competition Authority with the blessing of the Paris Court of Appeal that the leniency (...)

Alain Ronzano Subsidies when buying solar electricity: The French Competition Authority finds no ground to refer in the case of aledged unfair practices in the solar energy sector (SUN’R / EDF)

196

On 6 July 2018, the Competition Authority published online adecision n° 18-D-11 of 4 July 2018. at the end of which it dismissed the proceedings initiated by SUN’R SAS against the Electricité de France (EDF) group for various discriminatory practices and a practice of confusion. This case takes (...)

Alain Ronzano Cartel: The General Court of the European Union confirms the 57 million euros fine to a company in the case of the cartel in the market of bathroom fittings and fixtures market (Sanitec Europe)

145

On 3 July 2018, the General Court of the European Union delivered a judgment in Joined Cases T-379/10 RENV and T-381/10 RENV (Keramag Keramische Werke GmbH and Sanitec Europe Oy v. European Commission).. This is a judgment on referral back after partial cassation handed down on 26 January 2017 (...)

Alain Ronzano Restructuring clause: The Court of Justice of the European Union states that the restructuring clause of the German tax law towards distress companies has been wrongfully appreciated (Dirk Andres)

124

On 28 June 2018, the Court of Justice of the European Union delivered four judgments, in almost identical terms, in the State aid case concerning the aid scheme resulting from the reorganisation clause in the German Corporation Tax Law for firms in difficulty : Case C-203/16 (Dirk Andres) ; (...)

Alain Ronzano Eviction: The French Competition Authority considers that there is no ground to refer concerning alleged unfair practices by tech companies in the computer maintenance sector (Econocom)

213

On June 28, 2018, the French Competition Authority posted online a decision no. 18-D-10 of June 27, 2018. at the end of which it dismissed the proceedings initiated by the referral to the Econocom group concerning practices implemented by IBM, HP and Oracle and some of their subsidiaries on the (...)

Alain Ronzano Value of a testimony: The Paris Court of Appeals rejects the application for reconsideration of a judgement of abuse of dominant position considering that the testimonials of forgery of internal data by the evicted competitor would not change the outcome of the judgement (Cegedim)

146

On 21 June 2018, Chamber 5-7 of the Paris Court of Appeals delivered a judgment in a case that was thought to be closed and which is now, at least provisionally, rising from its ashes. In fact, on June 21, 2017The Commercial Chamber of the Court of Cassation had confirmed in all respects the (...)

Alain Ronzano Market transparency: The French Competition Authority sanctions a company 4.5 million euros in the case of the violation of commitments in the temporary work sector (Randstad)

130

After the curious decision of June 14, 2018 under the terms of which it had concluded that Boiron Laboratories did not violate the commitments made in 2005 when it acquired Dolisos, the French Competition Authority has just posted online a decision n° 18-D-09 of June 21, 2018 sanctioning - this (...)

Alain Ronzano Delimitation of the object of an inspection: The General Court of the European Union partially annuls an inspection decision but confirm the decision to inspect a second time based on informations gathered during the first inspection (České dráhy)

116

On 20 June 2018, the European Court of First Instance delivered two judgments in the same case concerning practices implemented by the Czech railway incumbent operator, České dráhy, practices which the Commission suspects, at this stage, to be anti-competitive. Following initial inspections in (...)

Alain Ronzano Clearance: The European Commission clears, without conditions, the takeover of the leading media company which has operations in Germany, in Austria, in Ireland, in Italy and the United Kingdom, by the second-largest broadcasting and cable television company (Comcast / Sky)

86

On 23 October 2018, one month after Comcast won its duel with Twenty-First Century Fox for control of Sky, the leading pay-TV operator in Germany, Austria, Ireland, Italy and the United Kingdom, the European Commission published the decision of 15 June 2018.under which it gave unconditional (...)

Alain Ronzano Right of evocation: The French Minister of the Economy decides to use for the first time his right of evocation concerning a merger in the food industry sector (Cofigéo / Agripole)

417

It took nearly ten years for Phase III to be implemented for the first time in French merger control, as provided for inArticle L. 430-7-1, II, of the French Commercial Code. and which was introduced by Article 96-V of Law No. 2008-776 of 4 August 2008. In a somewhat terse press release...On (...)

Alain Ronzano Obstructing investigation: The Paris Court of Appeals considers inadmissible the voluntary interventions supporting the French Competition Authority in the chemical industry (Brenntag)

139

On 14 June 2018, Chamber 5-7 of the Paris Court of Appeals delivered a judgement in the protracted chemical commodities case concerning the latest development: the decision adopted on 21 December 2017 by the Competition Authority, on the basis of which it has for the first time sanctioned (...)

Alain Ronzano Delimitation of the relevant market: The Paris Court of Appeals concludes on the existence of a relevant market of home phone in secondary residence and confirms the damages imposed to a major actor of the telecommunication sector (Orange / SFR)

406

On 8 June 2018, Chamber 5-11 of the Paris Court of Appeal, which is not a specialized court for competition litigation, handed down a very interesting ruling(2) In any event, the reasons for the decision are very well substantiated in the context of a stand alone action, i.e. one that does not (...)

Alain Ronzano Telecom sector: The Polynesian Competition Authority gives its first litigation decision and accepts the commitments of a major actor of the telecom sector that ends unilateral practices (OPT)

153

As expected, the Polynesian Competition Authority (PCA) has just adopted its first contentious decision. It is Decision No. 2018-PAC-01 of June 6, 2018. relating to practices implemented in the mobile telephony sector for residential customers. In Polynesia, the mobile telecommunications (...)

Alain Ronzano Gun jumping: The Court of Justice of the European Union considers that the operations that are not necessary to achieve the change of control of a company may not be taken into account to suspend a merger (Ernst & Young)

582

On 31 May 2018, the Court of Justice of the European Union delivered its judgment inCase C-633/16 (Ernst & Young P/S v Konkurrencerådet).. Gun jumping or not Gun jumping? That was, in essence, the question in this case, which was referred for a preliminary ruling by the Sø-og Handelsretten (...)

Alain Ronzano Equal treatment: The General Court of the European Union considers that the Commission is not required to wait for enquiries in the same sector to be closed before terminating an incompatible state aid as long as the principle of equal treatment is respected (Groningen Seaports)

132

On 31 May 2018, the General Court of the European Union delivered a judgment in Case T-160/16 (Groningen Seaports NV and Others v Commission). concerning the exemption from corporation tax granted by the Netherlands to its public undertakings, and in particular to the six undertakings which (...)

Alain Ronzano Abuse of dominant position: The French Supreme Court confirms the decision condemning an actor of the TV sector of an abuse of dominant position by limiting competitor’s access to information and facilities (TDF)

325

On 30 May 2018, the Commercial Chamber of the Court of Cassation handed down its ruling in the case of the practices implemented by TDF in the terrestrial terrestrial television broadcasting sector in overseas France. in the case of the practices implemented by TDF in the terrestrial (...)

Alain Ronzano Merger control: The European Commission clears the merger of the two main dutch cable operators and the decision clearing conditionally both the acquisition of parts of crop protection business and the acquisition of health and nutrition business in the chemical sector (Liberty Global / Ziggo ; FMC / Dupont)

89

In recent days, the Commission has issued two "concentration" decisions, issued in July 2017 and May 2018 respectively. Let’s start with the decision rendered on May 30, 2018. in which the Commission confirmed the merger of the two main Dutch cable operators, Ziggo and Liberty Global. It will (...)

Alain Ronzano Balance of commercial relations : The French National Assembly reinforce the control of cooperation agreements between distributors and withdraw the rider concerning the removal of a adversarial tour before the French Competition Authority (Egalim Bill)

262

On 25 May 2018, the National Assembly, which began the discussion in public session of the draft law on balanced trade relations in the agricultural and food sector on 22 May 2018, considered articles 9 and 10 of the text.. It should be recalled that the purpose of Article 9 of the said bill (...)

Alain Ronzano Exclusive control: The French Supreme Administrative Court confirms the decision of the French Competition authority that allows under conditions the exclusive control of a company of the agricultural sector (Agri-Négoce / Axéréal)

155

On 25 May 2018, the Council of State issued two merger control decisions on appeal against clearance decisions adopted by the Competition Authority. In the first casethe Conseil d’État dismissed the appeal lodged against Decision No. 16-DCC-147 of 21 September 2016. by which the Competition (...)

Alain Ronzano Revision of commitments: The General Court of the European Union considers that the European Commission did not sufficiently examined the request of an airline company to revise engagements taken (Lufthansa)

209

Where an undertaking, which has accepted remedies, particularly of a behavioural nature, in order for a merger to be cleared by the Commission, seeks the lifting of all or part of these commitments, what elements must that undertaking put forward in order to obtain a review of the commitments (...)

Alain Ronzano Clearance: The European Commission clears an acquisition by a multinational steel manufacturing corporation and the creation of a joint venture (ArcelorMittal / Ilva ; Zodiac / Fluidra)

121

In recent days, the Commission has made public two merger decisions adopted in May and June 2018 respectively. Let’s start with the decision of May 7, 2018. s acquisition of Ilva by ArcelorMittal, which the Commission approved, subject to conditions. Notified on 21 September 2017, the (...)

Alain Ronzano Agricultural sector: The French Competition Authority gives an opinion on the agricultural sector and seeks to clarify the application of competition law to this field (Competition in the agricultural sector)

202

How do the competition rules apply to the agricultural sector? This is essentially the request made by the Minister for the Economy and Finance in a request for an opinion addressed to the Competition Authority on 1 February 2018. Indeed, in recent times there have been new developments on the (...)

Alain Ronzano Commitments: The French Competition Authority allows a major player in the distribution sector to take exclusive control of two supermarkets under the condition of maintaining potential competition in the local market (Carrefour)

155

On May 17, 2018, the French Competition Authority posted Decision No. 18-DCC-65 on April 27, 2018 authorizing, subject to the implementation of commitments, Carrefour Supermarchés France to take exclusive control of two mainly food retail businesses with a service station, located one in (...)

Alain Ronzano SGEI: The Court of Justice of the European Union considers that the General Court applies correctly the conditions of the Altmark case law concerning the definition of a service of general economic interest and confirms that the measures taken are incompatible state aids (Telecom Castilla-La Mancha)

186

On 26 April 2018, the Court of Justice of the European Union delivered its judgment in Joined Cases C-91/17 (Cellnex Telecom v Commission) and C-92/17 (Telecom Castilla-La Mancha v Commission)..
 
Au At the end of this judgment, the Court dismisses in its entirety the appeals against thejudgment (...)

Alain Ronzano Procedure: The General Court of the European Union recognizes that the Commission have the right to make an injonction to a member state to suspend the execution of a measure in the same time it is opening a formal procedure (Hungary / Commission)

133

On 25 April 2018, the Court of First Instance of the European Union delivered its judgment in Joined Cases T-554/15 and T-555/15 (Hungary v Commission). 

Il there rejects the actions brought by Hungary, on the one hand, against the Commission’s decision of 15 July 2015on State aid SA.41187 (...)

Alain Ronzano QPC : The French Constitutional Council considers conform with the Constitution the Law allowing the president of the French Competition Authority to adopt alone decisions concerning merger clearance (Fnac Darty)

245

Clearly, the QPC route does not smile to the bold... at least when it comes to competition.
 
Une once again, a competition law provision passes the test of constitutionality review without any problems, through the QPC sieve. The same applies to the last sentence of Article L. 461-3 of the (...)

Alain Ronzano Pure players: The French Competition Authority publishes two decisions concerning mergers in the footwear distribution sector (Monoprix / Sarenza ; Spartoo / André)

173

In recent days, the Competition Authority has put 33 new merger clearance decisions online, including 30 simplified decisions. 

Parmi these decisions include two operations which both illustrate the trend, if not towards the convergence of physical distribution and online sales, at least (...)

Alain Ronzano Abuse of dominant position: The Court of Justice of the European Union considers that the constatation of a « competitive disadvantage », following discriminatory pricing by a dominant company to its commercial partners, does not imply the proof of the effective and quantifiable deterioration of the competitive position, but only the proof of a possible damage of this competitive position (MEO)

731

On 19 April 2018, the Court of Justice of the European Union delivered its judgment inCase C-525/16 (MEO - Serviços de Comunicações e Multimédia SA v Autoridade da Concorrência).which follows a reference for a preliminary ruling from the Portuguese Competition, Regulation and Supervision Tribunal, (...)

Alain Ronzano Calculation of the fine: Advocate General Wathelet considers that the General Court of the European Union should have proceed to an exhaustive control of the bilateral contacts contested by the claimant to determine if the fine was proportionate to its participation in a cartel (Infineon Technologies)

172

On 12 April 2018, Advocate General Wathelet delivered his Opinion in Case C-99/17 (Infineon Technologies v Commission)..
 
Cette case concerns the card chips cartel, where the Commission imposed fines totalling around €138 million on four companies (Infineon Technologies, Philips, Samsung and (...)

Alain Ronzano State aids: Advocate General Wathelet suggests the Court of Justice of the European Union to annul the judgement of the General Court considering that the European Commission could note the impossibility to recover the illegal state aid during the administrative procedure (Scuola Elementare Maria Montessori)

205

On 11 April 2018, Advocate General Melchior Wathelet delivered his Opinion. in Joined Cases C-622/16 to C-624/16 (Scuola Elementare Maria Montessori Srl and Others) concerning the Italian municipal property tax.
 
Il comes to the conclusion that the judgment of 15 September 2016 (Scuola (...)

Alain Ronzano Search and seizure: The General Court of the European Union considers that the legal privilege was respected and confirms the refusal of the Commission to suspend the search and seizure operations in the case of bioethanol and ethanol (Alcogroup, Alcodis)

377

On 10 April 2018, the Court of First Instance of the European Union delivered a judgment in Case T-274/15 (Alcogroup and Alcodis v. European Commission - Case T-274/15).).
 
Soupçonnant a cartel between companies active in the crude oil, refined petroleum products and biofuels sectors aimed at (...)

Alain Ronzano Constitutional review: The French Supreme Court gives a public hearing on the constitutional question of the conformity with the French Constitution of a law allowing the president of the French Competition Authority to adopt alone decisions on engagements conditioning merger clearance (Fnac Darty)

170

On 10 April 2018, the Constitutional Council held a public hearing in Case 2018-702 QPC, which follows the referral on 1 February 2018 by the Council of State of two priority constitutionality issues concerning the constitutionality of the same legislative provisions, namely the provision (...)

Alain Ronzano Abuse of dominant position: The French Supreme Court fully confirms the judgement of the Paris Court of Appeals in the case of unlimited usage offers in the telecom sector (SFR / Orange)

392

By judgment of 5 April 2018the Commercial Chamber of the French Supreme Court dismissed all of the appeals filed by SFR and Orange, respectively, against thedecision handed down by the Paris Court of Appeal on May 19, 2016. in the case of the marketing of abundance offers "on net".
 
Ce doing, (...)

Alain Ronzano Market test: The French Competition Authority publishes commitments proposed by a broadcast company concerning the cessation of satellite broadcasting with a labeled compatible decoder (Canal Plus)

212

Following a referral by a satellite decoder manufacturer, denouncing the practices implemented by the company Groupe Canal Plus (GCP) aimed at stopping the reception of GCP’s offers by alternative satellite decoders to those it offers, Groupe Canal Plus (GCP) sent to the French Competition (...)

Alain Ronzano Search and seizure: The Court of Appeals of Paris condemns the French NCA’s practice of prohibiting targeted companies to request attorney assistance before all seals have been placed on offices to be searched (Darty)

383

By an order issued on March 28, 2018 by the delegate of the First President of the Paris Court of Appeal, the Competition Authority is once again being sanctioned for its practices regarding visits and seizures (OVS) and more specifically for having prohibited the visited company from seeking (...)

Alain Ronzano Data protection: The French Government adopts an amendment prohibiting the abuse of dominant position in the case of tied use of a search engine with smartphones (Google)

153

Fayrouze Masmi Dazi, from the Artemont cabinet, informs me (and I would like to thank her for this) of the adoption by the Senate on 20 March 2018, during the discussion at first reading of the bill on the protection of personal data, of an amendment which, to say the least, does not clearly (...)

Alain Ronzano Abuse of dominant position: The French National Assembly adopts an amendment from the government removing a rider introduce by the Senate against a major company of the technology sector (Google)

151

On March 20, 2018, the Senate passed an amendment prohibiting the abuse of a dominant position by tying the installation of a search engine to the sale of a smartphone, which was aimed, in a thinly veiled way, at Google’s practices. 
Nous did not have words harsh enough to qualify this bad (...)

Alain Ronzano Fine: The Paris Court of Appeals reduces the fine of one of the participating company in the merger of metal reinforcements and welded mesh in the Reunion Island due to incorrect application of the increase of the fine under group membership (Sermétal Réunion)

253

In a judgment delivered on 15 March 2018the Paris Court of Appeal essentially confirmed Decision No. 16-D-09 of May 12, 2016.5 021 000 for their participation in cartels in the steel reinforcement and welded mesh sectors in Réunion. Did the Court of Appeal only marginally reduce the penalty (...)

Alain Ronzano State aids: The General Court of the European Union considers that the European Commission should have examined the conditions of exclusive usage of a port infrastructure by applying the private investor test and judges that the Commission should have opened a formal investigation procedure before concluding on the absence of an aid (Naviera Armas)

179

On 15 March 2018, the Court of First Instance of the European Union delivered a judgment in Case T-108/16 (Naviera Armas v. European Commission). Under the terms of this very strict judgment, the Court of First Instance partially annuls the decision of 8 December 2015.The Commission had found (...)

Alain Ronzano Validity of an aid: The General Court of the European Union rejects the appeal of the beneficiary of the aid in the case of the preferential rate of electricity accorded by Greece, considering that the European Commission is competent to judge that the prolongation of an existing state aid is a modification of it and should be considered as a new aid (Aluminium of Greece)

114

On 13 March 2018, the General Court of the European Union, following the referral back of the case after annulment by the Court of Justice, once again examined the action brought by the beneficiary of aid against the decision adopted on 13 July 2011. pursuant to which the Commission decided (...)

Alain Ronzano Local anticompetitive practices: The French Competition Authority gives its third decision concerning a local anticompetitive practice following the decision not to settle of a company (Sécurité Vol Feu)

149

On 13 March 2018, the Competition Authority issued a new decision - the fourth - concerning a local CAP (albeit...), following the respondent company’s refusal to accept the transaction proposal made to it by the DGCCRF in accordance with Article L. 464-9 of the Commercial Code, this refusal (...)

Alain Ronzano State aids: The Court of Justice of the European Union confirms the violation of the conditions concerning the reorganization of a company and the inapplicability of the private investor test in this case and rejects the appeal by a major actor of the rail sector (SNCF Mobilites)

247

The Court of Justice of the European Union was not sensitive to the SNCF’s arguments. In a ruling handed down on 7 March 2018 in case C-127/16 (SNCF Mobilités v. European Commission), it rejectedThe Court of First Instance (Fourth Chamber), composed of the Court of First Instance (Fourth (...)

Alain Ronzano State aid: The Court of Justice of the European Union censors the General Court and considers that the risks arising from commitments entered into by a Member State in a first bank bail out must not be taken into account when assessing the economic rationality of the measures of the second bail out in the light of the market economy operator principle (FIH)

241

On 6 March 2018, the Court of Justice of the European Union delivered a judgment in Case C-579/16 (European Commission v. FIH Holding A/S, FIH Erhvervsbank A/S)..
 
Suivant the conclusions by Advocate General Maciej Szpunar in this case, the Court of Justice of the European Union has therefore (...)

Alain Ronzano Sector enquiry on online advertising: The French Competition Authority projects to open litigation procedures and make recommendations on the extension of the « Sapin » Law to online advertising and the ePrivacy regulation of the Commission (« Display » advertising)

251

On March 6, 2018, almost two years after having dealt ex officio with the issue of data exploitation in the internet advertising sector, the Competition Authority published its opinion n° 18-a-03 essentially concerning "display" advertising (cobblestones, banners, skins displayed on websites (...)

Alain Ronzano Consultation: The French Competition Authority publishes a new procedural notice’s draft regarding the settlement procedure and launches a public consultation (New settlement procedure)

225

As announced on October 19, 2017On 8 March 2018, the Competition Authority issued a draft procedural notice on the settlement procedure. To this end, it is launching a public consultation until 30 April 2018. 

La reading this short draft procedural communiqué gives a more precise idea of how the (...)

Alain Ronzano De minimis: The General Court of the European Union considers that the export aids are likely to affect trade between member states and rules that the 2006 regulation on de minimis aids does not violate article 35 TFEU forbidding quantitative restrictions for export and that it does not oppose to a national rule excluding a tax benefit constituting a de minims aid when the aid is determined by the quantity exported (ZPT AD)

204

On 28 February 2018, the Court of Justice of the European Union delivered its judgment in Case C-518/16 (ZPT AD).which forms part of a reference for a preliminary ruling from the Sofia City Court, Bulgaria. The application is based on the dispute between ’ZPT’ AD and the National Assembly of the (...)

Alain Ronzano Monopoly definition: The French Competition Authority considers that the monopoly of expert-geometricians stays blurry and call the legislator to re-examine the legitimacy of the work under this monopoly and to adopt a more precise definition (Profession of expert-geometricians)

167

On February 28, 2018, the Competition Authority issued Opinion No. 18-A-02 on the profession of surveyor-expert. At the request of the National Trade Union Chamber of Surveyors and Topographers, which considers that the monopoly enjoyed by surveyors is too extensive, the Competition Authority (...)

Alain Ronzano Proceedings: The Advocate General Campos Sánchez-Bordona considers that the preliminary ruling is not the appropriate way to doubt the validity of a decision of the Commission considering incompatible an aid in the German mecanism of promoting renewable electricity and invites the Court of Justice of the European Union to declare inadmissible the preliminary ruling of the administrative tribunal of Frankfurt (Georgsmarienhütte)

208

On 27 February 2018, Advocate General Campos Sanchez-Bordona delivered his Opinion. in Case C-135/16 (Georgsmarienhütte GmbH and Others v Federal Republic of Germany): reference for a preliminary ruling from the Administrative Court, Frankfurt am Main, Germany, from the Tribunal administratif de (...)

Alain Ronzano Refusal to supply: The Advocate General Wathelet calls an application by analogy of the principles established by the Intel case and suggests the Court of Justice of the European Union to annul the decision of the General Court in a case concerning the historic mobile provider and examines the arguments of this undertaking concerning the impact of the infraction concerning the calculation of the fine (Orange Polska)

910

On 21 February 2018, Advocate General Melchior Wathelet delivered his Opinion in Case C-123/16 (Orange Polska SA v European Commission). in the appeal brought by Orange Polska SA against thejudgment of the General Court of the European Union delivered on 17 December 2015 in Case T-486/11 (...)

Alain Ronzano Barriers to entry: The French Competition Authority accepts and made compulsory the enhanced engagements of an inter-professional association concerning its membership (AMIV / SICA Madras)

163

On February 21, 2018, the Competition Authority released a decision issued the day before - Decision No. 18-D-04- in favour of which it accepts and makes binding the improved commitments of the Martinique meat interbranch in order to guarantee farmers non-discriminatory access to the (...)

Alain Ronzano Exclusive resale: The French Competition Authority punishes again the exclusive resale and distribution agreements after the French « Lurel » law (Dow Agrosciences)

335

After the distribution of consumer products, the Competition Authority is once again applying Article L. 420-2-1 of the French Commercial Code, inserted by Act No. 2012-1270 of November 20, 2012 relating to overseas economic regulation, known as the "Lurel" Act, which prohibits, as of March 22, (...)

Alain Ronzano Local anticompetitive practices: The French Competition Authority punishes a local anticompetitive practice following a refusal of transaction proposed by the French Ministry of Economy (Fontaine, Les Bougainvillées, Madianet)

178

In addition, the Authority issued another decision concerning Martinique, without any connection other than geographical proximity to the previous case. This is Decision No. 18-D-02 of 19 February 2018 on practices implemented in the sector of green space maintenance works in Martinique.
 
 (...)

Alain Ronzano Proceedings: The Court of Appeal of Paris notes the disclaimer of an actor of the French energy market of its appeals against a transaction decision and an engagements decision concerning the market offers of a major operator of the market (Direct Energie/Engie)

212

In two judgments delivered on 25 January 2018, respectively and February 8, 2018the Paris Court of Appeal noted that Direct energie had withdrawn its appeals against decisions no. 17-D-06 of 21 March 2017. and No. 17-D-16 of 7 September 2017.
 
On recalls that in the second decision, the (...)

Alain Ronzano Mergers: The European Commission accepts the request under the article 22 of the merger regulation and will examine the acquisition of an undertaking of digital entertainment by an electronics company (Apple / Shazam)

300

Is this the first sign of a stronger reaction by the European Union to the increasing number of acquisitions, particularly by the GAFAs, of innovative companies with high value but low turnover? The European Commission has just announced that it will review Apple’s proposed acquisition of (...)

Alain Ronzano Local anticompetitive practices: The French Competition Administration (DGCCRF) stops a local anticompetitive practice in the sector of veterinary products distribution in the French counties of Ille-et-Vilaine, Mayenne and Morbihan (Veterinary products distribution)

199

In recent weeks, the DGCCRF has put an end to practices noted in the sector of the distribution of veterinary products in the departments of Ille-et-Vilaine, Mayenne and Morbihan. Following an investigation into the distribution of veterinary products in the departments of Ille-et-Vilaine, (...)

Alain Ronzano Economic activity: The General Court of the European Union annuls in insisting on the presence of other for-profit operators the decision of the Commission considering the Slovak mandatory health insurance regime is not an economic activity and henceforth, the public operator, as beneficiary of the contested measures can not be qualified as an undertaking under article 107, § 1, TFEU (Dôvera zdravotná poisťovňa)

557

On 5 February 2018, the Court of First Instance delivered a very interesting judgment in Case T-216/15 (Dôvera zdravotná poisťovňa s.a. and Others v Commission). concerning the application of the concept of an undertaking within the meaning of competition law to a health insurance body, from which (...)

Alain Ronzano Calculation of the fine: The Court of Justice of the European Union confirms the decision of the General Court of the European Union in the case of the international air transit cartel, especially concerning the fact that the European Commission can calculate the fines on the value of sales linked to the service of transit as it constitutes a batch of services (Kühne + Nagel International…)

700

On 1 February 2018, the Court of Justice of the European Union delivered four judgements in cases C-261/16 (Kühne + Nagel International AG and others v Commission).See Case C-263/16 (Schenker Ltd v Commission of the European Communities.), C-264/16 (Deutsche Bahn AG v Commission)(Case C-271/16 (...)

Alain Ronzano Reimbursement of an aid: The General Court of the European Union fully confirms the decision of the Commission concluding on the incompatibility of states aid measures executed by Greece in favor of a distress company (Larko)

149

Following a judgment of 1 February 2018 in Case T-412/14 (Larko Geniki Metalleftiki kai Metallourgiki AE v Commission), the Court of First Instance of the European Union has upheld in full the Commission’s decision of 27 March 2014concluding that several aid measures implemented by the Greek (...)

Alain Ronzano Disparagement: The Paris Court of Appeal rejects the appeal of the National confederation of dental union denouncing acts of disparagement attributed to a undertaking in the field of advice in the medical sector (Santéclair)

164

By judgment of 1 February 2018The Paris Court of Appeal declared inadmissible the plea in law and the request for the appointment of an expert and dismissed for the rest the appeal against Decision No. 16-D-23 of October 24, 2016. relating to practices implemented in the field of prosthetic or (...)

Alain Ronzano Constitutional review: The French Council of State requests the French Constitutional Council to judge concerning the conformity with the Constitution of a law allowing the president of the French Competition Authority or a Vice-President designated by him, to adopt alone decisions on engagements conditioning merger clearance (Fnac Darty)

202

On 1 February 2018, the Council of State adopted a decision under the terms of which it refers to the Constitutional Council two priority questions of constitutionality relating to the conformity with the Constitution of the same legislative provisions, namely the provision introduced in the (...)

Alain Ronzano Authorization: The French Competition Authority publishes a decision concerning the merger between two online platforms of real estate ads (SeLoger / Logic-Immo)

261

In the last few days, the Competition Authority has posted 6 new merger clearance decisions online, including 5 simplified decisions.
 
Parmi these decisions are contained in Decision No. 18-DCC-18 of February 1, 2018 on the basis of which the French Competition Authority authorised, without any (...)

Alain Ronzano State aid: The General Court of the European Union rejects the appeal against the decision of the Commission stating the illegality and incompatibility with the internal market of the state aid regime executed by Italy in favor of companies situated in the area in east Sicily touched by an earthquake in 1990 (Centro Clinico e Diagnostico G. B. Morgagni)

158

On 26 January 2018, the Court of First Instance of the European Union delivered a judgment in Case T-172/16 (Centro Clinico e Diagnostico G. B. Morgagni Srl v European Commission). In particular, following the earthquake that struck eastern Sicily in December 1990, the Italian authorities (...)

Alain Ronzano State Aid: The General Court of the European Union fully confirms the decision of the Commission concerning the Belgian state aid accorded to an airport (Brussels South Charleroi Airport)

208

On 25 January 2018, the General Court of the European Union delivered a judgment incase T-818/14 (Brussels South Charleroi Airport (BSCA) v. European Commission). The Court of First Instance dismisses the action brought by the manager of Charleroi airport seeking annulment of the provisions of (...)

Alain Ronzano Off-label therapeutic use: The European Court of Justice rules that constitutes a restriction of competition by object the cartel between two pharmaceutical laboratories selling two competitors medicines, consisting in diffusing to the European Medicines Agency, health professionals and the general public, in a context of scientific uncertainty, misleading informations on the undesirable effects of the off-label use of one of those medicine (Hoffman-La Roche)

451

On 23 January 2018, the Court of Justice of the European Union delivered its judgment in case C-179/16 (F. Hoffmann-La Roche Ltd and others v Autorità Garante della Concorrenza e del Mercato (AGCM)). The present case, which stems from a reference for a preliminary ruling by the Italian Conseil (...)

Alain Ronzano Gun-jumping: The Advocate General Nils Wahl invites the European Court of Justice to use a negative definition of the obligation of suspension of merger, by defining what is not Gun jumping, such as some preparatory measures which could not be qualified of anticipated realization of a merger(Ernst & Young / Konkurrencerådet)

384

Gun jumping or not Gun jumping? That is the question referred in Case C-633/16 (Ernst & Young P/S v Konkurrencerådet): Reference for a preliminary ruling by the Sø-og Handelsretten (Maritime and Commercial Court, Denmark). Advocate General Nils Wahl delivered his Opinion on 18 January 2018. (...)

Alain Ronzano Proceedings: The Paris Court of Appeal, following a decision not deprived of contradictions, confirmed the discutable decision given by the French Competition Authority in the case concerning a cartel between manufacturers of professional kitchens (GIF)

330

In a ruling handed down on 18 January 2018The Paris Court of Appeal once again confirmed in all respects the analysis, which was highly questionable in certain respects, adopted by the Competition Authority in the so-called "haute cuisine" equipment case, which, it will be remembered, marked (...)

Alain Ronzano Market economy investor: The General Court of the European Union requires the member states requesting the application of the market economy investor test to demonstrate to have acted as a shareholder and approves the decision of the Commission to exclude the application of that test in the case of the recapitalization of a major actor in the French energy sector (EDF)

268

On 16 January 2018, the Court of First Instance of the European Union delivered its judgment in Case T-747/15 (Electricité de France (EDF) v Commission).. It confirms the second decision rendered on July 22, 2015. by the Commission in the EDF recapitalisation case, again ruling out the (...)

Alain Ronzano Authorization: The French Competition Authority allows the acquisition of an online sales company by an undertaking in the retail sector (La Redoute / Galleries Lafayette)

132

In the last few days, the Competition Authority has put 10 new merger clearance decisions online, including 9 simplified decisions. Only one decision not simplified thus in this last delivery. This is Decision No. 18-DCC-01 of January 10, 2018. on the basis of which the French Competition (...)

Alain Ronzano Interchange fees: The Court of Appeal of Paris slightly amends the decision of the French Competition Authority in the case of fees on check imaging exchanges (Fees on Check imaging exchanges)

532

On December 21, 2017, the Paris Court of Appeal handed down its ruling in the case of the image-to-Czech exchange commissions.and this, on dismissal after cassation. It will be recalled that, by judgment of 14 April 2015The Commercial Chamber of the Court of Cassation, seizing on an aspect (...)

Alain Ronzano Denigration: The Paris Court of Appeal considers the denigration grievance is not established and reduce at 17.2 millions euros instead of 20 the imposed fine to an actor of the numerical and audiovisual sector for abusing its dominant position by practicing exclusivity rebates and manipulating easements in order to block implantation of pylons by its competitors (TDF)

254

On 21 December 2017, the Paris Court of Appeal handed down an interesting ruling in the matter of practices in the terrestrial television broadcasting sector. Taking the view that the complaint of disparagement upheld by the Competition Authority had not been established, the Paris Court of (...)

Alain Ronzano Local anticompetitive practices: The Paris Court of Appeal confirms on every points the first decision of the authority adopted after the refusal of a transaction concerning local anticompetitive practices (Transport scolaire par autocar dans le Bas-Rhin)

124

On 21 December 2017, the Paris Court of Appeal issued a further ruling in the case of school bus transport in the Bas-Rhin region.. It will be remembered that on January 27, 2016, the Competition Authority adopted Decision No. 16-D-02which was the first decision of the Authority ruling on a (...)

Alain Ronzano The French Competition Authority accepts and made compulsory the engagements made by the historic French postal operator concerning conditions of special offers, commercialization and waste reclamation and allow, under condition of respect of comparable conditions, the creation of a common company between it and an other company (La Poste/Suez)

160

On 21 December 2017, the Competition Authority also issued Decision No 17-D-26 of 21 December 2017 in favour of which it accepts the commitments of the La Poste Group and closes the procedure on the substance of the case concerning practices implemented by the latter with regard to services for (...)

Alain Ronzano Merger clearance: The French Competition Authority publishes a decision submitted to engagements in a case of the creation of a common undertaking in the sector of waste management (La Poste/Suez)

175

In the last few days, the Competition Authority has put 11 new merger clearance decisions online, including 2 simplified decisions. These decisions include four transactions whose authorisation was subject to compliance with commitments. The first is Decision No. 17-DCC-209 of 21 December (...)

Alain Ronzano Concept of an aid: The European Court of Justice considers that the selectivity criteria of the advantage granted by Spain to the operators of the terrestrial television platform had not been sufficiently motivated and cancels the judgment of the General Court as well as the decision of the Commission ordering the recovery of the aid (Comunidad Autónoma del País Vasco ; Spain/Commission ; Comunidad Autónoma de Galicia)

153

On 20 December 2017, the Court of Justice of the European Union delivered three judgments in the case concerning State aid implemented by the Kingdom of Spain for the deployment of digital terrestrial television in remote and less urbanised areas (except Castilla la Mancha). If it dismisses (...)

Alain Ronzano Price differentiation: The Advocate General Nils Wahl considers that a practice of price differentiation constitutes an abuse of dominant position only if it produces a competitive disadvantage and invites the European Court of Justice to rule that the existence of a competitive disadvantage must be concretely established (MEO/Autoridade da Concorrência)

904

On 20 December 2017, Advocate General Nils Wahl delivered his Opinion in Case C-525/16 (MEO - Serviços de Comunicações e Multimédia SA v Autoridade da Concorrência) The present case follows a reference for a preliminary ruling by the Portuguese Competition, Regulation and Supervision Tribunal, (...)

Alain Ronzano Selectivity of a fiscal measure: The Advocate General Nils Wahl considers that the selectivity of the sanitization clause provided by the German corporate tax regime in favor of distress companies have been appreciated with errors in law and suggest the Court of the European Union to set aside the judgment as well as the decision of the Commission (Heitkamp BauHolding)

152

On 20 December 2017, Advocate General Nils Wahl also delivered his Opinion. in a State aid case, Case C-203/16 (Dirk Andres, administrator in bankruptcy of Heitkamp BauHolding GmbH, against the European Commission). It is recalled that on 4 February 2016, the Court of First Instance of the (...)

Alain Ronzano Eviction: The French Competition Authority fines a pharmaceutical laboratory and its mother company 25 million euros for delaying the commercialization of the generic medicine of a princeps drug (Janssen-Cilag)

183

On the evening of 30 January 2018, the Competition Authority posted online a decision issued on 20 December 2017. This is the decision by which it sanctions Janssen-Cilag, as author, and her mother Johnson & Johnson - imputability obliges (pts. 657-659) - for EUR 25 million, for having (...)

Alain Ronzano Proceedings: The Criminal Chamber of the French Supreme Court confirms that the annulment of seizure is limited to the pieces obtained irregularly and can not question the validity of the entire visit and seizure operations (Apple/Tech Data)

214

On 20 December 2017, the Criminal Chamber of the Court of Cassation handed down two rulings on inspections and seizures, in which it confirmed its case law limiting the cancellation of the seizure to only those documents obtained in an irregular manner, which must then be returned by the (...)

Alain Ronzano Clearance: The French Competition Authority accepts the new reference offer by a major actor of the television industry for the recovery of independent channels, which now plan a complementary minimal remuneration to the channels distributed in wholesale offer « by Canal » (Canalplus/TPS)

177

On December 18, 2017, the French Competition Authority adopted Decision No. 17-DAG-01 pursuant to which it approved the reference offer communicated by Canal Plus Group in execution of Decision No. 17-DCC-92 reviewing the injunctions of Decision No. 12-DCC-100 relating to the acquisition of (...)

Alain Ronzano Admissibility: The French Competition Authority rejects the referral file of the founder of a vertical search engine denouncing the practices established by Google after four years of investigations (1PlusV)

147

In contrast to the previous case, it took no less than four years for the Authority to find, in Decision No 17-D-24 of 18 December 2017 that the practices implemented by Google in the sector of online search engines and online advertising intermediation and criticised by the company 1PlusV, (...)

Alain Ronzano Merger control: The French Competition Authority publishes an authorization decision submitted to engagements in the sale of hardware store sector (ITM/Bricorama)

122

Decision no. 17-DCC-215 of 18 December 2017 will be issued. relating to the acquisition of exclusive control of Bricorama France SAS, Bricorama Méditerranée SL and Bricorama Asia LTD by ITM Équipement de la Maison. The AMF authorized the acquisition of the three subsidiaries of the Bricorama group (...)

Alain Ronzano Merger control: The French Competition Authority publishes an authorization decision submitted to engagements in the occasion of a sole control operation (Philippe Ginestet)

106

Another authorisation decision subject to remedies is Decision No. 17-DCC-216 of 18 December 2017. relating to the acquisition of exclusive control of the assets of Lilnat, Vetura and Agora Distribution by Philippe Ginestet Group. This transaction is part of the three receivership proceedings (...)

Alain Ronzano Cartel: The European Court of Justice supports the qualification of restriction of competition by object of the non-competititon clause concluded between two Portuguese mobile operators as part of the acquisition of a Brazilian mobile operator by one of them, as it establish an agreement on market repartition (Telefónica)

271

On 13 December 2017, the European Court of Justice handed down a judgment in Case C-487/16 (Telefónica v. Commission). It essentially confirms the classification as a restriction of competition by object of the non-competition clause concluded between Portugal Telecom and Telefónica in the (...)

Alain Ronzano State aid: The General Court of the European Union confirms the decision of the Commission in the case of state aid in favor of the contract of concession holder for the exploitation of container terminal in the Port of Piraeus (Hellenic Republic /Commission)

181

On 13 December 2017, the General Court of the European Union delivered a judgment in State aid case T-314/15 (Hellenic Republic v Commission). It rejects all the pleas in law put forward by Greece in its action for annulment of the Commission’s decision of 23 March 2015 concerning the State aid (...)

Alain Ronzano Merger clearance: The French Competition Authority publishes an authorization decision submitted to engagements in a case of a merger in the agricultural sector (Terrena/CAM)

105

These decisions subject to commitments also include Decision No 17-DCC-210 of 13 December 2017. concerning the merger by absorption of the Coopérative des Agriculteurs de la Mayenne by the Terrena agricultural cooperative, which operation is authorised only subject to compliance with (...)

Alain Ronzano Admissibility: The French Competition Authority rejects the referral file of a press agent on practices implemented by two actors of press distribution (Presstalis)

218

On 26 December 2017, the Competition Authority posted two decisions rejecting complaints online. The first - Decision No. 17-D-23 of 11 December 2017 relating to practices implemented in the press distribution sector - finds, in part, that the referral is inadmissible on the basis of the first (...)

Alain Ronzano Presumption of State Aid : The Advocate general Wathelet suggests the Court to allow the appeal of the Commission in the case of the aid granted to the French Institute of Petroleum at the occasion of its transformation in "EPIC" (IFP Energies nouvelles)

184

On 7 December 2017, Advocate General Melchior Wathelet delivered his Opinion in Case C-438/16 (European Commission v. French Republic, IFP Énergies nouvelles). In this case, which is entirely centred on the question of the unlimited guarantee enjoyed, by virtue of their status, by French public (...)

Alain Ronzano Selective distribution: The European Court of Justice states that the provision specifying that a supplier of luxury goods forbids its authorized distributors to sell products on online platforms does not fall, under conditions set by case-law, to the interdiction of cartels (Coty)

187

The clause by which a supplier of luxury goods prohibits its authorised distributors from selling the products on a third party Internet platform such as Amazon is lawful under Article 101(1) TFEU (pt. 57), because this prohibition, which is not absolute (pt. 52), constitutes an adequate means (...)

Alain Ronzano Delimitation of the relevant market: The French Supreme Court refuses to say if the French Competition Authority is bound to positively proceed to the delimitation of the relevant market when it observes behavior likely to constitute an abuse, and recognize the authority, in the case of special events sales online, the greatest latitude to refuse to return the file to the investigation (vente-privée.com)

424

What a waste! This is the feeling one gets when reading thejudgment delivered on 6 December 2017 by the Commercial Chamber of the Court of Cassation in the vente-privée.com case, at the end of which the Court dismissed in all respects the appeal brought by Brandalley against the judgmentof the (...)

Alain Ronzano Jurisdiction: The Court of Justice of the European Union rules that a commitment decision concerning certain agreements between undertakings, adopted by the European Commission, does not preclude national courts from examining whether those agreements comply with the competition rules and, if necessary, declaring those agreements void (Gasorba/Repsol)

453

On 23 November 2017, the Court of Justice of the European Union delivered a judgment on the basis of Article 101(2) TFEU, where the Commission had previously accepted commitments concerning the same agreement and made them binding in a decision taken under Article 9(1) of that Regulation. very (...)

Alain Ronzano Preliminary ruling: The Court of Justice of the European Union considers whether minimum fee amounts set by a lawyers’ professional organisation is a restriction of competition (CHEZ Elektro Bulgaria)

317

On 23 November 2017, the Court of Justice of the European Union also delivered a judgment in the case of following a reference for a preliminary ruling in Joined Cases C-427/16 and C-428/16 (CHEZ Elektro Bulgaria). In the present case, the Sofia District Court mainly asked the Court of Justice (...)

Alain Ronzano Concept of an aid: The Court of Justice of the European Union clarifies the conditions to apply the criteria relating to imputability of aid measures from a Member State and the respective roles of the Commission and the Member States in applying the private investor test (Sace)

234

On 23 November 2017, the Court of Justice of the European Union delivered its judgment on the case. Judgment in the State aid case concerning the export-credit insurance sector (C-472/15 - Sace and Sace BT SpA). It dismissed in its entirety the appeal brought by SACE, a body governed by (...)

Alain Ronzano Distribution and price regulation : The French competition authority launches a vast sector-specific inquiry on the functioning of competition in the medicinal products and medical biology sectors

287

The Competition Authority is back in charge! After several opinions issued in recent years on the functioning of competition in the medicinal products sector, with mixed success, the Authority decided, by Decision No 17-SOA-01 of 20 November 2017, to refer to itself for an ex officio opinion (...)

Alain Ronzano Commitments: The French administrative supreme court dimisses the requests of a leading distributor of cultural and electronic goods and the proposed acquiror of three of its stores soliciting the suspension of the French NCA’s decision to refuse to approve the transfer (FNAC/Darty)

208

The rififi around the sale of 3 of the 6 stores imposed on FNAC for the purchase of Darty... It is remembered that the decision no. 16-DCC-111 dated July 27, 2016Following an analysis in which it defined, for the first time, a market including online and in-store distribution channels, the (...)

Alain Ronzano Tax rulings: The European Commission rules that Luxembourg granted a 250 million Euros illegal advantage to an online commerce giant and refers Ireland to Court for failure to recover illegal tax benefits from a leading technology company worth up to13 billion Euros (Amazon/Apple)

273

After Fiat and Starbucks in 2015, after Apple in 2016 and before McDonald’s and Engie which are expected to follow, it is now the favourable tax regime granted to Amazon by Luxembourg that is considered illegal under state aid control. The European Commission has concluded that Luxembourg has (...)

Alain Ronzano Concept of state aid: The General Court of the European Union approves the Commission’s decision to consider that financing measures granted for the creation and introduction of an electronic procurement platform is not an aid (Aanbestedingskalender)

199

On 28 September 2017, the Court of First Instance of the European Union issued a Judgment in a State aid case, Case T-138/15 (Aanbestedingskalender BV and Others v European Commission). The Court of First Instance confirms the Commission’s findings that the Commission considered, by way of an (...)

Alain Ronzano Fine: The French administrative supreme court confirms the French NCA’s decision sanctioning a major telecommunications group for failing to comply with obligations regarding the deployment of optical fibre imposed in relation to the acquisition of a telephone operator (Altice/SFR)

259

On the occasion of a Decision No. 409770 issued on 28 September 2017In its judgment in Case C-105/99, the Conseil d’État dismissed in its entirety the action brought by Altice Luxembourg and SFR Group against the Commission of the European Communities. Decision No 17-D-04 of 8 March 2017 40 (...)

Alain Ronzano Repeat infringement: The French judiciary supreme court rules that two successive exclusionary practices by a same operator meet the condition of identity and similarity of practices (EDF)

266

On September 27, 2017, the Commercial Chamber of the Court of Cassation handed down its ruling in the case of practices implemented by EDF in the services sector for the production of photovoltaic electricity. In this judgment, the Commercial Chamber of the Court of Cassation clearly takes a (...)

Alain Ronzano Market conditions: The French Competition Authority publishes an opinion supporting the project decision by the French telecommunications regulator’s relating to termination services in fixed and mobile markets

145

Under the terms of an opinion No. 17-A-13 of September 25, 2017, the French Competition Authority issued a favorable opinion on the draft decision presented by ARCEP regarding the implementation of the fifth round of analysis of the fixed and mobile voice call termination markets for the (...)

Alain Ronzano Request for a preliminary ruling: The Advocate General Henrik Saugmandsgaard Øe invites the Court of justice of the European Union to rule that collusion in the communication to third parties of allegations of the lesser safety of one medicinal product used off label for certain therapeutic indications by comparison with a medicinal product that has been authorised for those indications constitutes a restriction of competition by object (Hoffmann-La Roche)

630

On 21 September 2017, Advocate General Henrik Saugmandsgaard Øe delivered his Opinion in Case C-179/16. moderate in a very interesting case C-179/16 (F. Hoffmann-La Roche Ltd and Others v Autorità Garante della Concorrenza e del Mercato (AGCM). The present case, which stems from a reference for (...)

Alain Ronzano Infringement of an essential procedural requirement: The Court of justice of the European Union observes that participants to the concrete reinforcing bars cartel have been denied their right to an oral hearing in the procedure for re-adoption of the initial decision and sets aside the General court’s judgement and annuls the Commission’s decision in the matter (Feralpi et al.)

537

On 21 September 2017, the Court of Justice of the European Union delivered four judgments in the same terms in the following cases C-85/15 (Feralpi Holding SpA v European Commission), C-86/15 and C-87/15 (Ferriera Valsabbia SpA and others), C-88/15 (Ferriere Nord SpA) and C-89/15 (Riva Fire (...)

Alain Ronzano Incompatible aid: The Court of justice of the European Union clarifies the investigation obligations on the European Commission when it applies the private creditor test (European Commission)

166

By way of a Judgment given on 20 September 2017 in Case C-300/16 (European Commission)The Court of Justice of the European Union has further clarified the various obligations of the Commission whenever it is required to apply the private creditor test in a market economy. It is recalled that (...)

Alain Ronzano Request for a preliminary ruling: The Court of justice of the European Union clarifies the assessment criteria for reference prices in cases of unfair prices by an organisation that holds a monopoly (Autortiesību un komunicēšanās konsultāciju aģentūra)

241

On 14 September 2017, the Court of Justice of the European Union delivered its judgment on in Case C-177/16 (Biedrība " Autortiesību un komunicēšanās konsultāciju aģentūra - Latvijas Autoru apvienība " v Konkurences padome). It specifies the methodology and criteria to be applied by the competition (...)

Alain Ronzano Selective distribution : The French judiciary supreme court overturns the Paris court of appeal’s decision regarding a complaint brought by an online platform against a cosemtics manufacturer (Caudalie/1001 pharmacies)

347

New favourable signal for headends After the Opinion delivered on 26 July 2017 by Advocate General Wahl in the Coty caseIn its judgment of 13 September 2017, the Commercial Chamber of the Court of Cassation ruled that the clause whereby a supplier of luxury goods prohibits its authorised (...)

Alain Ronzano Request for a preliminary ruling: The Court of justice of the European Union rules that the Polish tax placing an obligation on both private and public undertakings to purchase electricity produced by cogeneration with the production of heat does not constitute intervention by the State or through State resources (Enea)

190

On 13 September 2017, the Court of Justice of the European Union delivered its judgment in the case of in Case C-329/15 (ENEA SA v Prezes Urzędu Regulacji Energetyki). This case follows a reference for a preliminary ruling by the Polish Supreme Court at Sąd Najwyższy. It was referred to the Court (...)

Alain Ronzano Request for a preliminary ruling: The Court of justice of the European Union rules that a concentration is deemed to arise upon a change in the form of control of an existing undertaking which, previously exclusive, becomes joint, only if the joint venture created by such a transaction performs on a lasting basis all the functions of an autonomous economic entity (Austria Asphalt)

289

With the help of a Judgment of 7 September 2017 in Case C-248/16 (Austria Asphalt GmbH & Co OG v Bundeskartellanwalt)The Court of Justice of the European Union, following the recommendations of Advocate General Juliane KokottThe Court of Justice of the European Communities has ruled that a (...)

Alain Ronzano Abuse of dominant position: The Court of justice of the European Union clarifies the Hoffman-La Roche case-law prohibiting loylaty rebates in the case where the undertaking concerned submits, during the administrative procedure, on the basis of supporting evidence, that its conduct was not capable of restricting competition and, in particular, of producing the alleged foreclosure effects (Intel)

568

It’s an understatement to say that theJudgment delivered on 6 September 2017 by the Court of Justice of the European Union in Case C-413/14 (Intel v. European Commission) was expected. It seems that the wait has not been in vain. Contrary to predictions stressing the difficulty it would have in (...)

Alain Ronzano Abuse of dominant position: The French Competition Authority submits commitments by the French incumbent postal operator regarding practices on the waste sorting market to public consultation (La Poste)

201

On 5 September 2017, the Competition Authority launched, for a period of one month, a market test concerning commitments proposed, after a four-year investigation, by the La Poste Group concerning its market practices, related to its main activities, for the collection, sorting and recovery of (...)

Alain Ronzano Clearance: The French Competition Authority clears the acquisition of sole control of two companies operating franchised gardening stores by the franchise network leader (InVivo/Gamm Vert/Terrena Grand Public/Agralys)

148

The decision No. 17-DCC-139 of 25 August 2017 relates to the acquisition of exclusive control, by InVivo Retail, which heads the Gamm Vert network, of Terrena Grand Public and Agralys Distribution, which respectively own 44 and 46 Gamm Vert franchise outlets. There is no reciprocal legal link (...)

Alain Ronzano Abuse of economic dependence: The French Competition Authority rules that the exclusion of an association of companies operating in the yachting industry from an international yachting fair has not been shown to affect the relevant market (FIN/Yachting/REF)

323

On 17 August 2017, the Competition Authority published online a decision No. 17-D-15 of 9 August 2017. This decision follows the Authority’s referral on the merits of the case, together with a request for protective measures, from the Fédération des Industries Nautiques (FIN), a trade (...)

Alain Ronzano Local anti-competitive practice: The French Competition Authority imposes heavy sanctions after a company rejects a settlement offer by the minister of the economy (Comtet)

196

On 27 July 2017, the Competition Authority issued a new decision - except in the case of the second error - concerning a local PAC, following the refusal by the respondent undertaking to accept the transaction proposal sent to the undertaking by the DGCCRF in accordance with Article L. 464-9 of (...)

Alain Ronzano Request for a preliminary ruling: The Advocate General Wahl invites the Court of justice of the European Union to rule that a clause prohibiting retailers from making use of a non-authorised third party in the context of internet sales does not fall under the prohibition of anticompetitive agreements and concerted practices, under conditions set by case law (Coty Germany/Parfümerie Akzente)

415

On 26 July 2017, Advocate General Nils Wahl delivered his opinion on the case. Opinion in Case C-230/16 (Coty Germany GmbH v Parfümerie Akzente GmbH)(Case T-330/2010), which raises, in the context of a reference for a preliminary ruling from the Oberlandesgericht Frankfurt, the question of the (...)

Alain Ronzano Confidentiality of information: The Court of justice of the European Union rules that undertakings that have received a reduction of the fine in the context of the leniency programme should not be treated differently from those that did not cooperate with the Commission (AGC Glass Europe)

190

On 26 July 2017, the Court of Justice of the European Union handed down an Judgment in Case C-517/15 (AGC Glass Europe and Others v Commission). The Court dismisses the appeal brought by AGC Glass Europe SA and Others against the judgment of the Court of Justice of the European Communities in (...)

Alain Ronzano Abuse of dominant position: The French Competition Authority dismisses the action of a major broadcasting group against another one regarding practices in the television advertising market (Canalplus/TF1)

252

On 25 July 2017, the Competition Authority issued a decision No. 17-D-11 on practices in the television advertising sector. This case follows the referral of the Canal+ Group, Canal+ Régie, D8 and D17 companies concerning the practices implemented by TF1 in the television advertising sector. (...)

Alain Ronzano Incompatible aid: The Advocate General Mengozzi invites the Court of justice of the European Union to dismiss the appeal brought by the French incumbent rail operator in the case of the reorganisation of its subsidiary specializing in luggage and parcel transportation (Hoffmann-La Roche)

172

On 20 July 2017, Advocate General Paolo Mengozzi presented his Opinion on the conclusions in Case C-127/16 (SNCF Mobilités v. European Commission). These conclusions follow the appeal brought by SNCF against the Commission of the European Communities (hereinafter ’the Commission’).Judgment given (...)

Alain Ronzano Preliminary ruling: The French administrative supreme court rules that regulated tariffs for natural gas do not serve any objective of general interest and are in violation of EU law (Association nationale des opérateurs détaillants en énergie)

264

Finding in favour of Decision rendered on July 19, 2017 that the regulated tariffs for the sale of natural gas do not pursue any objective of general economic interest, the Conseil d’État considers that their maintenance is contrary to Union law. It will be remembered that, having received an (...)

Alain Ronzano Calculation of the fine : The Paris court of appeal approves of the flat-rate method applied by the French NCA but reduces the amount of the fine for two of the three appelants (Smith & Smith characters/Marilyn Agency/Metropolitan models)

155

On July 6, 2017, the Paris Court of Appeal also issued an judgment in the so-called "modelling" case. It will be recalled that on 29 September 2016, the Competition Authority had issued an Decision No. 16-D-20 by which it imposed fines totalling EUR 2 381 000 on the Syndicat National des (...)

Alain Ronzano Emergency procedure: The Paris court of appeal rejects a complaint relating to an alleged sudden breach of long-term contractual relationship (Terminaux de Normandie et al./NYK Group Europe et al.)

232

Article L. 442-6-I-5° of the Commercial Code is definitely not (any longer) the lifeline for companies that intend to challenge the termination of their relationship in court. The decision handed down by the Paris Court of Appeal on 5 July 2017 (Pôle 5 Chambre 4, No. 17/08926)In the event that (...)

Alain Ronzano Clearance: The French Competition Authority clears the acquisition of sole control of a liquid petroleum gas distributor by the parent company of one of its competitors (Totalgaz/UGI Bordeaux Holding)

137

The Supplementary decision no. 17-DCC-103 of 3 July 2017 is related to the acquisition of exclusive control of Totalgaz SAS by UGI Bordeaux Holding SAS. Complementary, this Decision is complementary in that it was adopted as a result of thepartial annulment by the Conseil d’État on 6 July (...)

Alain Ronzano Clearance: The French Competition Authority clears the acquisition of sole control of four companies operating in the electric engineering sector (Capecom/RorhCablor...)

137

The Decision No. 17-DCC-94 of 27 June 2017 is relating to the acquisition of exclusive control of the companies Capecom, RorhCablor, Périno and Fusion by the Crédit Mutuel group, all four of which are active on the electrical engineering markets. The present operation is worthwhile not so much (...)

Alain Ronzano Request for a preliminary ruling: The Court of justice of the European Union rules that a tax exemption to which a religious congregation is entitled in respect of economic activities may fall under the prohibition of state aids (Congregación de Escuelas Pías Provincia Betania/Ayuntamiento de Getafe)

275

On 27 June 2017, the Court of Justice of the European Union delivered its judgment on the Judgment in Case C-74/16 (Congregación de Escuelas Pías Provincia Betania v Ayuntamiento de Getafe)The Court of First Instance (Fourth Chamber) has received a reference for a preliminary ruling from the (...)

Alain Ronzano Abuse of dominant position: The European Commision fines the leading search engine operator a record 2.42 billion Euros for abusing dominance as search engine by giving illegal advantage to own comparison shopping service (Google Shopping)

291

Almost 7 years after the opening of proceedings, after having considered the implementation of the commitment procedure three times before finally abandoning it, the Commission has therefore decided to crack down on Google. With the help of a PRESS RELEASE released on 27 June 2017, the (...)

Alain Ronzano Clearance: The French Competition Authority clears the acquisition of sole control of a group of private hospitals by one of its competitors under conditions of behavioral and structural commitments (MédiPôle-Partenaires/Elsan)

182

Through the Decision No 17-DCC-95 of 23 June 2017 Following the referral of the transaction by the European Commission, the French Competition Authority has authorised the acquisition of MédiPôle-Partenaires, the third largest private group of clinics in France, by the Elsan group, the second (...)

Alain Ronzano Clearance: The French Competition Authority modifies the framework of measures previously imposed on tin the on two major actors of the television industry in the context of the acquisition of company offering subscription television packages via satellite (Vivendi/GCP/TPS)

212

On June 22, 2017, the French Competition Authority (Autorité de la concurrence) published the main changes it had granted, five years later, with respect to the injunctions imposed in 2012 on Vivendi and Canal Plus Group (GCP) in connection with the acquisition of the pay-TV channel TPS, (...)

Alain Ronzano Clearance: The French Competition Authority clears the acquisition of sole control of a company operating in the sector of wholesale distribution of household packaging by one of its competitors (AEF/SPhere)

120

By Decision No. 17-DCC-88 of 22 June 2017The Competition Authority has authorised SPhere to take sole control of AEF. The parties are simultaneously active in the wholesale distribution of household packaging for professional and consumer use, as well as reusable bags for professional and (...)

Alain Ronzano Clearance: The French Competition Authority publishes two decisions modifying the framework of measures previously imposed on a major actor of the television industry in the context of the acquisition of company offering subscription television packages via satellite (Canalplus/TPS)

217

On August 21, 2017, the French Competition Authority posted online the two decisions reviewing the injunctions imposed on Canal Plus Group with respect to its activities in the pay-TV markets (acquisition of exclusive control of TPS and CanalSatellite) and the commitments made by Canal Plus (...)

Alain Ronzano Market test: The French Competition Authority submits commitments by a major company specialising in maintenance of power distribution equipment to public consultation (Schneider)

168

On 21 June 2017, the Competition Authority launched an market test on a proposal for commitments submitted by Schneider Electric to meet the competition concerns identified during the investigation of the case which the Authority took up ex officio on 17 May 2016 concerning the maintenance (...)

Alain Ronzano Abuse of dominant position: The French judiciary supreme court affirms in full the Paris court of appeal’s decision approving the French NCA’s decision sanctioning a leading medical software comapny in relation to practices on the market of medical appointements management databases(Euris/Cegedim)

446

On June 21, 2017, the Commercial Chamber of the Court of Cassation issued its Judgment in the Euris/Cegedim case. It will be recalled that on 24 September 2015, the Paris Court of Appeal had issued a stop under the terms of which it had declared partially inadmissible the action brought by the (...)

Alain Ronzano Clearance: The French Competition Authority clears the acquisition of sole control by a major telecommunications and entertainement group of a company mainly producing contents for its televisoin and radio networks (SFR/GNP)

142

Following the Decision No. 17-DCC-76 of 13 June 2017 The French Competition Authority has authorised SFR Group, a subsidiary of the Altice Group, to take sole control, through a conversion of convertible bonds into shares, of Groupe News Participations (GNP), hitherto exclusively controlled by (...)

Alain Ronzano Abuse of dominant position: The French judiciary supreme court confirms disparagement practices on the dairy products market in Martinique (Littée/Socrema/Antilles Glaces)

332

On 8 June 2017 the Commercial Chamber of the Court of Cassation handed down a ruling in the case of disparagement practices on the market for fresh dairy products in Martinique. It rejects in its entirety the appeal brought by three manufacturers of fresh dairy products marketed in Martinique, (...)

Alain Ronzano Abuse of dominant position: The French Competition Authority accepts and renders binding commitments offered by the national organisation dedicated to rescue archaeology aiming at ending the proviledged access to strategic information and other potential practices (INRAP)

189

On 1 June 2017, the Competition Authority adopted an Decision No. 17-D-09 of June 1, 2017 in favour of which it accepts and makes binding the commitments proposed by the National Institute for Preventive Archaeological Research (INRAP) aimed at establishing an accounting separation between its (...)

Alain Ronzano Abuse of dominant position: The French Competition Authority examines the state of competition in the coach transport sector and dismisses the complaint lodged by a public transportation operator (Transdev)

313

SNCF and its subsidiary Ouibus on the market for intercity bus transport can be satisfied. With the help of a Decision No. 17-D-08 rendered on June 1, 2017The Competition Authority not only rejected Transdev’s request for protective measures concerning the competitive situation on the emerging (...)

Alain Ronzano Clearance: The French Competition Authority clears the acquisition of sole control of a company specialising in home health care services by a major postal group (Asten santé/La Poste Silver)

119

The decision No. 17-DCC-74 of 1 June 2017 relates to the takeover of Asten Santé by La Poste Silver, a wholly-owned subsidiary of La Poste. The target of this operation, Asten Santé, is present in the home health services and e-health sectors, while La Poste is present in the e-health sector, (...)

Alain Ronzano Decision to take no further action: The Court of Justice of the European Union rules a Commission’s practice to be dilatory and impeding the effectiveness of the judicial review (Dimosia Epicheirisi Ilektrismou)

153

On 31 May 2017, the Court of Justice of the European Union delivered a judgment in the case of in Case C-228/16 (Dimosia Epicheirisi Ilektrismou AE (DEI)). In that case, the applicant, a Greek electricity producer - Dimosia Epicheirisi Ilektrismou AE (DEI) - sought the annulment of the order (...)

Alain Ronzano Principle of effective judicial protection: Advocate General Paolo Mengozzi invites the Court of Justice of the European Union to rule that when the EU judicature raises an issue of public policy of its own motion, its power of annulment is limited by the principle of ne ultra petita, except in case of an obvious and serious irregularity (British Airways)

181

On 30 May 2017, Advocate General Paolo Mengozzi delivered his Opinion on the case. Form of order sought in Case C-122/16 (British Airways plc v European Commission). Although the present dispute does indeed concern a competition case in the background, since it concerns the condemnation of the (...)

Alain Ronzano Concept of State aid : Advocate general Campos Melchior Wathelet argues that the General Court of the European Union has made an erroneous interpretation of the first condition set in article 107 TFEU (TV2/Viasat)

129

On 30 May 2017, Advocate General Melchior Wathelet delivered his Opinion in three cases, all concerning aid paid to one of the two Danish public television channels, in which the partial annulment of the aid to one of the two Danish public television channels was ordered.judgment delivered on (...)

Alain Ronzano Clearance: The French Competition Authority clears the acquisition of sole control of a company operating in the renewable energy market by a major energy group (Engie/La Compagnie du Vent)

127

The decision n° 17-DCC-67 of 26 May 2017 concerns the change from joint control to exclusive control by Engie of La Compagnie du Vent, which is active in the wind and photovoltaic renewable energy sector. Engie and LCV are simultaneously active in the market for the generation and wholesale of (...)

Alain Ronzano Regulated professions: The French administrative supreme court renders a decision relating to the new legal framework for legal and judicial professions (Conseil National des greffiers des tribunaux de commerce et al.)

145

Referred to by the representative bodies of all the regulated legal professions - the national council of commercial court clerks, the national union of notaries, the superior council of notaries, the national union of bailiffs, the national council of court administrators and judicial agents - (...)

Alain Ronzano Liability of a parent company due to an infringement committed by a subsidiary: Advocate General Szpunar invites the Court of Justice of the European Union to reject the pleas in law by two participants in cartels relating to CDTs and CPTs based on a claimed breach of the rights of defence due to the fact that the statement of objections was not sent to their common subsidiary (LG/Philips)

151

On 18 May 2017, Advocate General Maciej Szpunar presented his Opinion to the European Court of Justice. Findings in Joined Cases C-588/15 (LG Electronics Inc.) and C-622/15 (Koninklijke Philips Electronics NV). The present submissions focus on one of the pleas in law raised by the two (...)

Alain Ronzano Preliminary ruling: The Court of Justice of the European Union clarifies the conditions under which a transfer in lieu of payment may qualify as an aid under article 107 (FSL)

189

On 18 May 2017, the Court of Justice of the European Union gave a judgment in Case C-150/16 (Fondul Proprietatea SA v Complexul Energetic Oltenia SA): reference for a preliminary ruling from the Cour d’appel de Craiova in Romania. In the main proceedings, a company - CE Oltenia - owned 77.17 % (...)

Alain Ronzano Right to effective judicial protection: The General Court of the European Union confirms the decision to reject a complaint for lack of European Union interest in a Polish case of parallel imports of plant protection products (Agria Polska)

258

On 16 May 2017, the Court of First Instance of the European Union delivered a judgment in theCase T-480/15 (Agria Polska sp. z o.o. and Others v Commission) concerning both the possibility for the Commission to reject a complaint for lack of Union interest and the right to effective judicial (...)

Alain Ronzano Abuse of dominant position: The French Competition Authority decides there is no ground to pursue the procedure relating to practices in the sector of B2B and B2C removals (Demeco)

204

On 23 May 2017, the Competition Authority posted online a decision No. 17-D-07 of 15 May 2017 relating to practices implemented in the sector of private individual removals and business transfers. This case follows the referral by two companies to the Competition Authority of practices (...)

Alain Ronzano Access to market: The French Competition Authority issues an opinion to ARCEP in the framework of the fifth cycle of analysis of the fixed broadband and superfast broadband wholesale markets

140

On 9 May 2017, the Competition Authority issued an opinion No. 17-A-09 of 5 May 2017 relating to a request for an opinion from the Autorité de régulation des communications électroniques et des postes on the fifth round of analysis of the wholesale broadband, very broadband and capacity services (...)

Alain Ronzano Evidence : The French government publishes a decree setting the rules to refer decisions by the French NCA’s secretery general relating to the protection of trade secrets to the Paris court of appeal

164

Decree No. 2017-823 of May 5, 2017, published in JORF No. 0108 of May 7, 2017, relating to appeals brought before the Paris Court of Appeal against decisions of the Competition Authority and appeals brought before the First President of the Paris Court of Appeal against certain decisions of the (...)

Alain Ronzano Search and seizure: The French judiciary supreme court condemns the French NCA’s practice of prohibiting targeted companies to request attorney assistance before all seals have been placed on offices to be searched (Darty)

303

On May 4, 2017, the Criminal Chamber of the Court of Cassation issued a series of rulings regarding the visit and seizure operations launched at the initiative of the Competition Authority, which suspected the existence of price fixing practices in the distribution of "white" and "brown" (...)

Alain Ronzano Request for a preliminary ruling: Advocate general Kokott invites the Court of Justice of the European Union to limit the scope of the Merger Regulation to mergers involving a full-function undertaking in cases of creation of or transformation into a joint venture (Austria Asphalt)

161

On 27 April 2017, Advocate General Juliane Kokott delivered her Opinion in Case C-248/16 (Austria Asphalt GmbH & Co OG v Bundeskartellanwalt). in Case C-248/16 (Austria Asphalt GmbH & Co OG v Bundeskartellanwalt). This is a reference for a preliminary ruling from the Oberster (...)

Alain Ronzano Attributability of the unlawful conduct of the subsidiaries to the parent company: The Court of Justice of the European Union rules that the expiry of the limitation period regarding subsidiaries has no bearing on the liability of their parent company, thus confirming the General court’s decision in the heat stabilisers cartel case (Akzo Nobel)

261

On 27 April 2017, the European Court of Justice delivered its judgment in Case C-516/15 (Akzo Nobel NV and others v. European Commission). Firmly departing from the Opinion delivered on 21 December 2016 by Advocate General Nils Wahl, the Court of Justice curtly dismisses the appeal brought by (...)

Alain Ronzano Evidence: The Court of Justice of the European Union authorizes the Commission to use evidence transmitted by national authorities other as NCAs as long as this transmission is lawful under national law (FSL)

150

On 27 April 2017, the Court of Justice of the European Union delivered its judgment in Case C-469/15 (FSL and Others v. European Commission). The appeal brought in the context of the ’cartel on the banana market’ in southern Europe by the companies of the Pacific Fruit group essentially raised (...)

Alain Ronzano Rights of defence: The French judiciary supreme court refuses to open an independent right of appeal for companies who receive requests for information and to refer the question to the European Court of Justice (Brenntag)

192

On 26 April 2017, the Commercial Chamber of the Court of Cassation handed down two identical rulings - theJudgment No. 607 and theJudgment No. 609 - in the part of the famous chemical commodities case concerning "requests for information" made in the context of the so-called "simple" (...)

Alain Ronzano Statement of objections: Advocate General Tanchev invites the Court of Justice of the European Union to reject the appeal by one of the participants in the gas insulated switchgear cartel (Toshiba)

143

On 26 April 2017, Advocate General Evgeni Tanchev delivered his Opinion in Case C-180/16 (Toshiba Corporation v. European Commission). It will be remembered that in thejudgment under appealThe Court of First Instance of the European Union, by judgment of 19 January 2016 in Case T-404/12 (...)

Alain Ronzano Clearance: The French Competition Authority clears the acquisition of sole control of a camper van and caravan manufacturer by the leading company in the sector (Trigano/Adria Mobil)

118

In the decision No. 17-DCC-53 of 25 April 2017, the Competition Authority authorised Trigano, the national market leader in the construction of motor homes and caravans, to acquire sole control of the Slovenian company Adria Mobil, which also manufactures motor homes and caravans. Despite the (...)

Alain Ronzano Right to respect for home and correspondence: The European Court of Human Rights authorizes broad and non-specific seaches and seizures, including email searches (Janssen-Cilag)

244

On 13 April 2017, the European Court of Human Rights issued a judgment in the case of the Decision in the case of Janssen-Cilag SAS v France on the basis of which it was called upon to rule once again on the compliance with the European Convention on Human Rights of the heavy investigation (...)

Alain Ronzano Clearance: The French Competition Authority clears the acquisition of sole control by a leading home appliance distributor of two stores belonging to a competitor (Boulanger/Darty)

101

The decision No. 17-DCC-44 of April 11, 2017 authorizes the acquisition of exclusive control by Boulanger of two businesses operating under the Darty brand. This operation is part of the commitments made by Fnac on 11 July 2016 when it took exclusive control of Darty, authorised by the (...)

Alain Ronzano Report: The French Competition Authority publishes the results of an exercise carried out by 10 national European competition authorities assessing the effects of the remedies adopted in Europe in the online hotel booking sector

127

On 6 April 2017, the Competition Authority made public the report of the European Competition Network working group assessing the effects of remedies adopted in Europe in the online hotel reservation sector. Under the aegis of the Commission, ten national competition authorities have assessed (...)

Alain Ronzano Request for a preliminary ruling: Advocate general Nils Wahl proposes to the Court of Justice of the European Union to exclude the application of the rules on competition, and particularly those on anticompetitive agreements, for practices of producers’ organisations that are strictly necessary for the fulfilment of their responsibilities (APVE)

179

On 6 April 2017, Advocate General Nils Wahl delivered his Opinion in the Endives case, Case C-671/15 (APVE and others). It is an understatement to say that they were expected, as is the judgment to be delivered by the Court of Justice of the Union in this case. It provides a readable framework (...)

Alain Ronzano Request for a preliminary ruling: Advocate general Nils Wahl invites the Court of Justice of the European Union to set out the method and criteria to be used to determine the benchmark in cases of unfair pricing (AKKA/LAA)

200

On 6 April 2017, Advocate General Nils Wahl delivered his Opinion in another competition case, Case C-177/16 (Biedrība " Autortiesību un komunicēšanās konsultāciju aģentūra - Latvijas Autoru apvienība " v Konkurences padome). The case follows a reference for a preliminary ruling from the Latvian (...)

Alain Ronzano Request for a preliminary ruling: Advocate general Campos Sánchez-Bordona argues that if an undertaking meets the conditions required for being the subject of insolvency proceedings, it is not eligible for public assistance from structural funds, but that if the difficulties did not appear until after the undertaking had been granted the assistance, EU law does not require that it be repaid (Nerea)

335

On 5 April 2017, Advocate General Campos Sánchez-Bordona delivered his Opinion on the case. Opinion in Case C-245/16 (Nerea SpA v Regione Marche) concerning a reference for a preliminary ruling from the Tribunal Administrativo Regionale della Marche. In the dispute which gave rise to the (...)

Alain Ronzano Clearance: The French Competition Authority clears the merger of an eco-organisation specialised in paper recycling with a major actor of the domestic packaging industry (Ecofolio/Eco-emballages)

125

By means of Decision No 17-DCC-42 of 3 April 2017, the Authority authorised, subject to conditions, the merger of Ecofolio into Eco-emballages. However, the former is the only approved eco-organization in the paper sector, while the latter, with its subsidiary Adelphe, has a de facto monopoly (...)

Alain Ronzano Rights of defence: The Paris court of appeal rejects an application for a priority preliminary ruling on the issue of constitutionality of the ‘Manpower’ rule (Ravate)

153

On 23 March 2017, Chamber 5-7 of the Paris Court of Appeal issued a judgment in which it ruled on a refusal to transmit QPC. More specifically, an undertaking sanctioned by the Competition Authority in the decision No. 16-D-09 of 12 May 2016 relating to practices implemented in the metal (...)

Alain Ronzano Concept of an aid: Advocate General Saugmandsgaard Øe invites the Court of Justice of the European Union to rule that the obligation for Polish electricity companies to supply electricity produced by cogeneration with the production of heat cannot be qualified as State aid because the advantage it confers upon producers of that kind of electricity is not granted through State resources (ENEA)

126

Advocate General Henrik Saugmandsgaard Øe delivered his Opinion on 22 March 2017. in Case C-329/15 (ENEA SA v Prezes Urzędu Regulacji Energetyki): reference for a preliminary ruling from the Sąd Najwyższy, Polish Supreme Court. That application was brought before the Court in proceedings between (...)