On April 7, 2022, AG Szpunar delivered its opinion in the context of a request for a preliminary ruling made by the Commercial Court 7 of Barcelona to the CJEU concerning, i.a, the interpretation of Article 5(1) of Directive 2014/104/EU on the disclosure inter partes of evidence.
Jedi Blue Agreement (Google / Facebook)
On 11 March, the European Commission and the Competition and Markets Authority of the United Kingdom announced investigations into a suspicious agreement between Google and Facebook (not yet Meta at that time) in September 2018 related to online advertising. Both agencies believe that the agreement may have breached their respective competition rules on anti-competitive agreements […]
Interest on cartel damages
Suppose that in 2002, a cartel caused EUR 1,000 in damages to a victim. Is the victim 20 years later entitled to only EUR 1,000? Of course not. The amount must be adjusted for interest. EU law is clear on this point, along with the requirement that interest must accrue as of the time the damage occurred. Other modalities, however, are left to national laws. When working out interest in any concrete case, several common issues should be considered. The following attempts to foster systematic treatment of this interesting (sic!) topic.
The Bundeskartellamt has conducted unannounced dawn raids at the German premises of cable manufacturers
In January 2022, the Bundeskartellamt conducted unannounced dawn raids at the German premises of cable manufacturers and other companies active in the market of cable manufacturing. According to the statements published by the companies, these inspections concern the undertakings Nexans, Leoni, and Prysmian. The undertakings declared their willingness to cooperate with the Bundeskartellamt. The Bundeskartellamt […]
Spain: collusion in the markets related to football rights acquisitions
On 27 December 2021, the Spanish appeal court confirmed an earlier decision of the Spanish Competition Authority fining Telefónica and Distribuidora de Television Digital (DTS) for colluding in the acquisition of football rights and adjacent downstream markets. The Spanish court also upheld the imposed fine of 15.5 million euros. Spain: collusion in the markets related […]
General Court entirely dismisses Scania’s appeal and confirms Scania’s participation in the Truck Cartel
On 2 February 2022, the General Court of the European Union rendered its judgment in the Case T-799/17, Scania and Others v Commission. The Court dismissed in its entirety the appeal brought by Scania AB, Scania CV AB, and Scania Deutschland GmbH, against the decision of the European Commission of 27 September 2017 in Case AT.39824 – Trucks imposing a fine of EUR 880 million on Scania for its participation in the European Trucks Cartel. The General Court confirmed Scania’s involvement in the single and continuous infringement and rejected all arguments presented by Scania.
Illegal information exchange between cigarette manufacturers in the Netherlands and Belgium
On 29 September 2021, the Dutch Competition Authority fined tobacco manufacturers British American Tobacco (BAT), Philip Morris, Japan Tobacco International (JTI), and Imperial Tobacco 82 million euros for anti-competitively sharing confidential information about future prices. In the Netherlands, the infringement lasted from July 2008 to July 2011. On 1 October 2021, two days after the […]
Contribution to the CNMC’s public consultation on quantification of damages
The Spanish Competition Authority (CNMC) plans to support judges by developing guidelines on quantifying damages caused by competition law infringements. The CNMC held a public consultation on the draft version of these guidelines. The contributions were published on the CNMC’s website, including ours. While the issues we picked up were partially addressed by the draft guidelines, we believe they merit further elaboration.
AG Rantos delivers a halfway opinion on the temporal application of the EU Antitrust Damages Directive (C-267/20, AB Volvo, DAF TRUCKS NV / RM)
In his opinion of 28 October 2021, Advocate General Rantos confirmed that the nature of the rules implementing the EU Damages Directive is determined by EU law and not by national law. The Advocate General states that the provisions on limitations and presumption of cartel-related harm are substantive. In contrast, the possibility for national judges to estimate the amount of harm is a procedural provision. Moreover, AG Rantos considers that pre-Directive knowledge-based limitation periods applied to cartel damage claims could reasonably begin with the publication of a fining decision’s multilingual summary.
Sumal v Mercedes Benz: CJEU confirms civil liability of a subsidiary for the participation of its parent company in a competition law infringement
On 6 October 2021, the Court of Justice of the European Union rendered its judgment in Case C-882/19, Sumal SL v Mercedes Benz Trucks España SL. Following the Opinion of Advocate General Pitruzzella, the CJEU has confirmed that, under certain conditions, a subsidiary which is not the addressee of the administrative decision can be held liable for the damages caused by the infringement for which the parent company has been fined.