Kluwer Competition Law News edited by Kluwer Competition Law Reporter, Alison Marriott
Volume 2024 - Issue 9
April 2024
 
 
 
 
Table of contents
 
 
News
 
General news
 
Antitrust news
 
Cartels news
 
Mergers news
 
State aid news
 
Private enforcement news
 
 
 
 
 
More Current Affairs on
 
Kluwer Competition Law Blog
 
 
 

News

 
General news (10)
 
 
Estonian Competition Authority launches whistleblowing platform
 

On 9 April 2024, the Estonian Competition Authority announced that it had launched a whistleblowing platform where information on suspected infringements in all areas of the Authority's enforcement responsibilities can be submitted anonymously.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
French consultation on systems for rating sustainability aspects of consumer goods and services
 

On 12 April 2024, the French Autorité de la concurrence launched a public consultation to gather views on the competitive functioning of the rating systems sector. The ratings aim to provide consumers with information on the sustainability-related characteristics of consumer products and services.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Hungarian GVH accepts slowdown on introducing "undertaking of paramount significance" provision
 

On 25 April 2024, the Hungarian Competition Authority (GVH) announced that it had agreed to delay a proposed amendment to the Hungarian Competition Act. The controversial amendment was intended to grant it the power to designate undertakings of paramount significance, based on the German model, and to impose obligations on those designated, in order to intervene "quickly and effectively in case of competition distortion".

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Irish CCPC invites input into the state of competition in Ireland
 

On 15 April 2024,  the Irish Competition and Consumer Protection Commission (CCPC) announced that it was in the initial stages of a study examining the state of competition across several sectors of the Irish economy. 

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Lithuanian Annual Report 2023 presented to Government
 

On 19 April 2024, the Lithuanian Competition Council announced that its Chairwoman had presented its 2023 Annual Report at an interinstitutional Government meeting, highlighting the Council's main achievements during the year.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
ACM happy with new Thuiswinkel sector-wide sustainability standard
 

On 11 April 2024, the Netherlands Authority for Consumers and Markets (ACM) announced that it had no objections to the launch of a new sector-wide sustainability standard by Thuiswinkel.org, the Dutch trade association for the e-commerce sector (Thuiswinkel). 

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Updated Polish fining guidelines
 

On 9 April 2024, the Polish Office of Competition and Consumer Protection (UOKiK) published an updated document clarifying how fines for anti-competitive practices are calculated and imposed.  The clarifications reflect  provisions implementing the ECN+ Directive.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
From curiosity to concern: CMA update on AI Foundation Models initial report
 

On 11 April 2024, the UK Competition and Markets Authority published an updated report on AI Foundation Models, charting its growing concerns at developments in the market.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
UK AI strategic update published
 

On 29 April 2024, the UK Competition and Markets Authority published its AI strategic update, setting out:

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
CMA calls for inputs on Public Transport Ticketing Schemes Block Exemption
 

On  22 April 2024, the UK Competition and Markets Authority launched a call for inputs on the Public Transport Ticketing Schemes Block Exemption. The CMA is conducting a review of the block exemption before deciding whether to advise the UK Government to extend its duration, (with or without further amendments), allow it to lapse when it expires on 28 February 2026, or revoke it before its expiry.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Antitrust news (2)
 
 
Vifor offers commitments to settle pharmaceutical disparagement investigation
 

On 19 April 2024, the European Commission launched a market test of the commitments offered by Vifor, the global pharmaceutical company that supplies Ferinject, an intravenous iron deficiency treatment. 

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Apple designated a DMA gatekeeper for iPadOS
 

On 29 April 2024, the European Commission announced that it had designated Apple as a gatekeeper under the Digital Markets Act (DMA)  for iPadOS, its operating system for tablets.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Cartels news (4)
 
 
Autorité recommends price tunnel to French inter-branch wine organisations to avoid price cartel
 

On 15 April 2024, the  French Autorité de la concurrence warned the French inter-branch wine organisations (which are empowered to take market regulation measures, such as placing part of the harvest in reserve) that their plans to introduce a collective framework for the price of inter-branch reserves when released, was likely to constitute an illegal price cartel.  The stated aim of the proposed collective framework was to avoid excessive fluctuations between the price of the main volume and that of the volume held in reserve. 

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Business association fined EUR 1.17m for fixing the level of fees charged by members
 

On 18 April 2024, the Portuguese Autoridade da Concorrência (AdC) announced that it had fined the  Portuguese Association of Companies in Condominium Management and Administration ("APEGAC") for setting the minimum prices to be charged by companies providing management and administration services for residential condominiums in Portugal.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Accord-UK/Auden appeal against GBP 2.8m fine for market sharing fails
 

On 29 April 2024, the UK Competition Appeal Tribunal (CAT) upheld the GBP 2.8 million fine imposed by the Competition and Markets Authority on Auden Mckenzie and Accord-UK (formerly Actavis UK, which took over the Auden Mckenzie business) for a horizontal market sharing agreement.  The  CMA had found that Auden had agreed to make substantial monthly payments to potential competitor Waymade in exchange for Waymade agreeing not to enter the market independently with its own 20mg hydrocortisone tablets,

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
CAT requirements to grant a warrant to search homes roundly rejected by High Court
 

On 22 April 2024, the English and Welsh High Court decided that the Competition Appeal Tribunal erred in law when it refused to grant the UK Competition and Markets Authority a warrant to search domestic premises and had exceeded its powers in other respects.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Mergers news (8)
 
 
Belgian Competition Authority Opinion in the Proximus / EDPnet appeal published
 

On 12 April 2024, the law firm Van Bael & Bellis commented on the publication of an Opinion submitted by the Belgian Competition Authority to the Court of Appeal of Ghent in the Proximus / EDPnet appeal (which has now been withdrawn). 

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Czech fine of nearly EUR 750,000 imposed for gun jumping
 

On 23 April 2024, the Czech Office for the Protection of Competition (ÚOHS) announced that it had fined EP Energy Trading (EP) CZK 18,840,000 (almost EUR 750,000) for gun jumping.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Commission sends Statement of Objections to IAG over plans to acquire Air Europa
 

On 26 April 2024, following an indepth investigation of International Consolidated Airlines Group (‘IAG')'s proposed acquisition of Air Europa, the European Commission announced that it had sent a Statement of Objections to IAG over concerns that the merged entity may restrict competition in the market for passenger air transport services on routes within, to and from Spain. 

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Illumina divestment plans for Grail receive green light from Commission
 

On 12 April 2024, the European Commission announced that it had approved Illumina's divestment plans for Grail following the Commission's prohibition of the transaction and its order that the competitive situation prevailing before the acquisition should be restored.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Hunter Douglas acquisition of erfal dropped following German concerns
 

On 12 April 2024, the German Bundeskartellamt (Federal Cartel Office, FCO) announced that Hunter Douglas, global manufacturer of systems used to produce interior window coverings, had withdrawn the notification of its intent to acquire erfal, a manufacturer of insect screens and interior and exterior window coverings.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Gun jumping admission brings KKK Genesis significant reduction in Spanish fine
 

On 17 April 2024, the Spanish National Markets and Competition Commission (CNMC) announced that it had terminated its gun jumping case against KKR Genesis after KKR admitted that it should have notified its acquisition of GeneraLife Clinics and paid the fine.  KKR obtained a 40% reduction in fine for its admission and early payment, ultimately paying a fine of EUR 683,322 for its infringement.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Changes to UK phase 2 merger investigations take effect
 

On 25 April 2024, the UK Competition and Markets Authority introduced changes to the way it  conducts in-depth Phase 2 merger investigations. The changes are primarily to 

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
CMA invites views on whether tech giant/AI partnerships are subject to merger control
 

On 24 April 2024, the UK Competition and Markets Authority (CMA) launched an invitation to comment on the partnerships between Microsoft and Mistral AI and Amazon and Anthropic, and Microsoft’s hiring of former employees and related arrangements with Inflection AI.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
State aid news (4)
 
 
Temporary Crisis and Transition Framework may be prolonged for aid for farmers affected by war on Ukraine
 

On 11 April 2024, the European Commission announced that it was consulting with the Member States on a draft proposal to extend the State aid Temporary Crisis and Transition Framework (TCTF)  for a limited period purely in relation to the primary agricultural sector to enable continuing support to be provided in light of ongoing market disturbances. 

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
General Court rules on another appeal in the Spanish tax lease system case
 

On 24 April 2024, the  General Court ruled on another appeal from a member of an economic interest group (EIG)  which had benefitted from the Spanish tax leasing regime as applied to certain finance lease agreements for the acquisition of ships (RELF). 

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
AG recommends upholding annulment of Commission decision in Slovenian public pharmacy case
 

On 18 April 2024, Advocate General  Athanasios Rantos advised the Court of Justice to dismiss the two grounds of appeal he had been asked to consider in an appeal by Slovenia against a General Court judgment.  The Court had annulled the Commission decision finding that no State aid had been granted to Lekarna Ljubljana o.p., an entity responsible for distributing  pharmaceutical products through pharmacies  and its legal successor, Lekarna Ljubljan - and that if State aid had been granted, then it was existing State aid.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Commission State aid decision on Swedish tax on credit institution upheld
 

On 17 April 2024, the General Court ruled on an appeal brought by  a Swedish association of bankers and one of its members against  the Commission's State aid decision on a proposed Swedish risk tax on credit institutions, as well as draft amendments to the Law on foreign tax credit.  At the end of its preliminary assessment, the Commission decided not to raise objections to the proposed tax as it did not satisfy the selectivity criterion and therefore did not constitute State aid.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
Private enforcement news (1)
 
 
Former Czech limitation rules incompatible with EU Law, CJEU rules
 

On 18 April 2024, the Court of Justice ruled that the Czech rules on limitation in place before the Damages Directive was implemented (late, in the Czech Republic's case) were incompatible with EU law.   The Court found that even before the expiry of the time limit for transposing the directive, EU law required that a limitation period could not begin to run until the competition law infringement that caused the harm had come to an end and the injured party knew the information necessary to bring its action for damages, in particular,  that the behaviour concerned constituted an infringement of competition law.

 
Author(s): Kluwer Competition Law Reporter - Alison Marriott
 
Source: Kluwer Competition Law News Date: 30 Apr 2024
 
 
 
 
 
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