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CLEARY GOTTLIEB ANTITRUST DEVELOPMENTS IN EUROPE 2020

PART EU COMPETITION DEVELOPMENTS

CHAPTER I MERGER CONTROL ...... 1 EUROPEAN INSTITUTIONS ...... 1 European Commission Decisions ...... 1 THE COMMISSION REVIEWS ADECISION TO CUT JOBS IN ADIVESTED COMPRESSOR PLANT FOLLOWING THE NIDEC/EMBRACO PHASE II MERGER APPROVAL ...... 1 COMMISSION CONDITIONALLY APPROVES JOINT VENTURE BETWEEN TELECOM ITALIA AND VODAFONE TO SHARE TELECOMS TOWERS ...... 2 MYLAN’S TIE-UP WITH PFIZER’S UPJOHN DIVISION APPROVED SUBJECT TO REMEDIES ...... 4 AURUBIS’ACQUISITION OF METALLO UNCONDITIONALLY APPROVED DESPITE INITIAL BUYER POWER OBJECTIONS ...... 6 THE COMMISSION WAIVES MERGER COMMITMENTS IN TAKEDA/SHIRE AND NIDEC/WHIRLPOOL ...... 10 EUROPEAN MERGER CONTROL IN TIMES OF ...... 11 THE COMMISSION CONDITIONALLY APPROVES ALSTOM’S ACQUISITION OF BOMBARDIER’S RAIL DIVISION ...... 17 EUROPEAN COMMISSION ANNOUNCES NEW POLICY TO ACCEPT MEMBER STATE REFERRALS FOR MERGER REVIEW EVEN IF EC AND NATIONAL THRESHOLDS ARE NOT MET ...... 18 General Court Judgments ...... 25 THE GENERAL COURT RAISES THE COMMISSION’S BAR FOR MERGERS IN CONCENTRATED MARKETS ...... 25 UPS/TNT: THE GENERAL COURT AWARDS UPS A FRACTION OF ITS REQUESTED COSTS ARISING FROM ITS SUCCESSFUL 2017 APPLICATION FOR ANNULMENT OF THE EUROPEAN COMMISSION’S PROHIBITION DECISION ...... 42 HEIDELBERGCEMENT &SCHWENK ZEMENT V.COMMISSION:THE GENERAL COURT PROVIDES JURISDICTIONAL CLARITY WHERE AJOINT VENTURE ACTS AS THE ACQUIRER ...... 45 High Market Shares In Localized Areas Can Jeopardize EU Approval ...... 48 Court of Justice Judgments ...... 48 COURT OF JUSTICE UPHOLDS COMMISSION’S TWO FINES AGAINST MARINE HARVEST FOR GUN-JUMPING ...... 48 NATIONAL COMPETITION AUTHORITIES ...... 52 ...... 52 CMA NOTIFIES BEIS THAT JACOBS U.K. LIMITED/WOOD NUCLEAR LIMITED MERGER MAY RAISE PUBLIC INTEREST CONSIDERATIONS ...... 52 iii Table of Contents

DMG MEDIA LIMITED/JPIMEDIA PUBLICATIONS LIMITED ...... 52 PROSAFE SE/FLOATEL INTERNATIONAL LIMITED ...... 52 TOBII AV V.COMPETITION AND MARKETS AUTHORITY ...... 52 CMA RAMPS UP MERGER CONTROL ENFORCEMENT AHEAD OF BREXIT ...... 53 /TI MEDIA LIMITED ...... 59 BOTTOMLINE/EXPERIAN ...... 59 MASTERCARD/NETS ...... 59 KINGSPAN HOLDINGS (PANELS)LIMITED/BUILDING SOLUTIONS (NATIONAL)LIMITED . 60 CIRCLE HEALTH HOLDINGS LIMITED/GHG HEALTHCARE HOLDINGS LIMITED ...... 60 TOBII AB/SMARTBOX ASSISTIVE TECHNOLOGY LIMITED AND SENSORY SOFTWARE INTERNATIONAL LTD ...... 60 ECOLAB INC. V COMPETITION AND MARKETS AUTHORITY ...... 61 CMA PUBLISHES GUIDANCE ON MERGER ASSESSMENTS DURING COVID-19 ...... 61 MCGRAW-HILL EDUCATION,INC./CENGAGE LEARNING HOLDINGS II, INC ...... 61 CMA PUBLISHES ANALYSIS OF INVESTIGATION INTO ILLUMINA/PACIFIC BIOSCIENCES OF CALIFORNIA ...... 62 CAT CONFIRMS HIGH THRESHOLD FOR REVIEW OF CMA MERGER DECISIONS . . . . . 62 SABRE CORPORATION V.COMPETITION AND MARKETS AUTHORITY ...... 68 BAUER MEDIA GROUP/CELADOR ENTERTAINMENT...... 69 JD SPORTS FASHION PLC/FOOTASYLUM PLC...... 70 UK GOVERNMENT INTRODUCES NEW POWERS TO INTERVENE IN MERGERS ON PUBLIC INTEREST GROUNDS ...... 71 STRYKER/WRIGHT MEDICAL GROUP NV ...... 75 ION INVESTMENT/BROADWAY TECHNOLOGY ...... 76 AMAZON/DELIVEROO ...... 76 TABOOLA/OUTBRAIN ...... 77 ARDONAGH GROUP/BENNETTS MOTORCYCLING SERVICES ...... 77 UK GOVERNMENT PROHIBITS ACQUISITION OF UK SUPPLIER OF MILITARY AIRCRAFT COMPONENTS ...... 78 CMA’S STANDSTILL ENFORCEMENT UNDER THE SPOTLIGHT ...... 83 TVS EUROPE DISTRIBUTION LIMITED/3G TRUCK &TRAILER PARTS ...... 88 VIAGOGO/STUBHUB ...... 89 YORKSHIRE PURCHASING ORGANISATION/FINDEL ...... 89 CMA PUBLISHES REVISED GUIDANCE ON COMPETITION ACT INVESTIGATION PROCEDURES ...... 90 JD SPORTS FASHION PLC V.COMPETITION AND MARKETS AUTHORITY ...... 90 BREEDON GROUP PLC/CEMEX INVESTMENTS LIMITED ...... 91 CROWDCUBE/SEEDRS ...... 91 iv 0005

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HUNTER DOUGLAS N.V./247 HOME FURNISHINGS LTD ...... 92 LIBERTY GLOBAL PLC/TELEFÓNICA S.A...... 93 FNZ (AUSTRALIA)BIDCO PTY LTD/GBST HOLDINGS LIMITED ...... 94 Germany ...... 95 FCO CLEARS CISCOS’S ACQUISITION OF ACACIA COMMUNICATIONS ...... 96 FCO CONDITIONALLY CLEARS CINEMAXX/ CINESTAR MERGER ...... 96 FCO CLEARS ACQUISITION OF VOSSLOH LOCOMOTIVES BY CRRC ZHUZOU LOCOMOTIVES ...... 96 FCO APPROVES ACQUISITION OF LOVOO BY PARSHIP AND ELITE PARTNER ...... 98 FCO CONDITIONALLY CLEARS FURNITURE MERGER ...... 98 France ...... 100 THE MINISTER OF ECONOMY TO VETO THE ACQUISITION OF PHOTONIS BY TELEDYNE ...... 100 THE FRENCH COMPETITION AUTHORITY (“FCA”) ACCEPTS FIX-IT-FIRST REMEDY AND UNPRECEDENTED BEHAVIORAL COMMITMENTS IN A MAJOR OVERSEAS RETAIL TRANSACTION ...... 101 THE FRENCH COMPETITION AUTHORITY PUBLISHES NEW GUIDELINES ON MERGER CONTROL ...... 102 FIRST MERGER CONTROL PROHIBITION DECISION ISSUED BY THE FRENCH COMPETITION AUTHORITY ...... 104 THE FRENCH COMPETITION AUTHORITY RESERVES THE RIGHT TO REFER TO THE EUROPEAN COMMISSION TRANSACTIONS THAT DO NOT REACH THE NATIONAL NOTIFICATION THRESHOLD ...... 105 THE FRENCH COMPETITION AUTHORITY CONSULTS ON COMMITMENTS OFFERED BY CARREFOUR/TESCO IN JOINT PURCHASING AGREEMENT INVESTIGATION ...... 105 Italy ...... 107 THE TAR LAZIO QUASHES THE ICA DECISION IMPOSING COMMITMENTS ON SKY AFTER ITS WITHDRAWAL OF THE NOTIFICATION OF THE R2 ACQUISITION ...... 107 THE ICA OPENS PHASE II INVESTIGATION INTO INTESA SAN PAOLO/UBI MERGER . . . 109 COUNCIL OF STATE QUASHES TAR LAZIO JUDGMENT THAT OVERTURNED THE ICA DECISION IMPOSING COMMITMENTS ON SKY AFTER THE WITHDRAWAL OF ITS NOTIFICATION OF THE ACQUISITION OF R2 ...... 110 THE ICA FINES SEVERAL GAS OPERATORS AT NATIONAL LEVEL FOR FAILURE TO NOTIFY A CONCENTRATION ...... 114

CHAPTER II CARTELS AND FOLLOW-ON DAMAGES ...... 117 EUROPEAN INSTITUTIONS ...... 117 European Commission Decisions ...... 117 COMMISSION ADOPTS GUIDANCE FOR NATIONAL COURTS WHEN HANDLING DISCLOSURE OF CONFIDENTIAL INFORMATION IN PRIVATE CARTEL FOLLOW-ON DAMAGES LITIGATION ...... 117 PAY-FOR-DELAY AGAIN:COMMISSION FINES TEVA AND CEPHALON 260.5 MILLION FOR v 0006 [ST: 1] [ED: m] [REL: 2021]

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DELAYING ENTRY OF CHEAPER GENERIC MEDICINE ...... 119 Court of Justice Judgments ...... 121 THE COURT OF JUSTICE REJECTS PRYSMIAN’S APPEAL IN LINE WITH ITS PRIOR JUDGMENTS ON THE POWER CABLES CARTEL ...... 121 PRESUMPTION OF DECISIVE INFLUENCE:COURT OF JUSTICE CONFIRMS IN PIRELLI THAT PARENT COMPANIES WILL PAY THE PRICE FOR ERRANT SUBSIDIARIES ...... 122 NATIONAL COMPETITION AUTHORITIES ...... 126 United Kingdom ...... 126 HIGGINS V.BARCLAYS,EVANS V.BARCLAYS (FX CARTEL) ...... 126 MARK MCLAREN CLASS REPRESENTATIVE LIMITED V. MOL (EUROPE AFRICA)LTD AND OTHERS ...... 126 DS SMITH PAPER LIMITED AND OTHERS V. MAN SE AND OTHERS ...... 126 GRANVILLE TECHNOLOGY GROUP LIMITED (IN LIQUIDATION) AND OTHERS V.INFINEON TECHNOLOGIES AG AND OTHERS (DRAM CARTEL) ...... 127 DSG RETAIL LIMITED AND DIXONS RETAIL GROUP LIMITED V.MASTERCARD . . . . . 127 SUPREME COURT REJECTS MASTERCARD AND VISA APPEAL ON LIABILITY BUT ALLOWS “PASS ON”APPEAL ...... 128 ROYAL MAIL GROUP LTD V. DAF TRUCKS LTD &ORS; BT GROUP PLC &ORS V. DAF TRUCKS LTD &ORS;DAWSONGROUP PLC &ORS V. DAF TRUCKS N.V. & ORS (“TRUCKS”) ...... 134 COMPETITION AND MARKETS AUTHORITY V.MICHAEL CHRISTOPHER MARTIN . . . . . 134 PHONES 4U LTD (IN ADMINISTRATION) V. EE LTD AND OTHERS ...... 135 FEDERAL DEPOSIT INSURANCE CORPORATION V.BARCLAYS BANK AND OTHERS . . . . 135 SP POWER SYSTEMS LIMITED AND OTHERS V.PRYSMIAN S.P.A AND OTHERS ...... 136 LEXON (UK) LIMITED V.COMPETITION AND MARKETS AUTHORITY ...... 136 NATIONAL GRID ELECTRICITY TRANSMISSION PLC V. ABB LTD AND OTHERS (POWER CABLES CARTEL) ...... 137 ISSUES STATEMENT OF OBJECTIONS TO MOTOROLA ...... 137 CMA FINES ROOFING LEAD CARTEL OVER £9M ...... 137 AB VOLVO (PUBL) V.RYDER LTD ...... 137 ROBIN DAVIES V.THE COMPETITION AND MARKETS AUTHORITY ...... 138 CMA FINES CONSTRUCTION SUPPLIERS OVER £15M ...... 138 FP MCCANN LIMITED V.COMPETITION AND MARKETS AUTHORITY AND (1) EOIN MCCANN (2) FRANCIS MCCANN ...... 138 Germany ...... 139 THE FCJ HAS ONCE AGAIN SET THE SCENE FOR CARTEL DAMAGES ACTIONS . . . . . 139 MUNICH DISTRICT COURT DISMISSES 2900 MILLION CLAIM AGAINST TRUCK CARTEL ...... 141 FCO FINES TECHNICAL BUILDING SERVICES PROVIDERS FOR COLLUSIVE TENDERING ...... 143 vi 0007 [ST: 1] [ED: m] [REL: 2021]

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DCA CLOSED CARTEL PROCEEDING AGAINST ALLEGED MEMBER OF THE LPG CARTEL ...... 144 NO PRIMA FACIE EVIDENCE FOR CAUSAL HARM IN INFORMATION EXCHANGE CASES ...... 145 FCJ PROVIDES USEFUL GUIDANCE ON UMBRELLA DAMAGES AND THE PASSING ON DEFENSE IN CARTEL FOLLOW-ON DAMAGES CASES ...... 146 DORTMUND REGIONAL COURT ON GROUP LIABILITY FOR CARTEL DAMAGES . . . . . 147 DORTMUND REGIONAL COURT RULES ON CARTEL FOLLOW-ON DAMAGE CLAIM QUANTIFICATION ...... 147 FCJ STRIKES DOWN PASSING-ON DEFENSE WHEN DAMAGES ARE SPREAD ACROSS MANY CONSUMERS ...... 149 THE BONN REGIONAL COURT DISMISSES BAYWA’S DAMAGES FOR STATE LIABILITY AGAINST THE FCO IN THE CONTEXT OF THE LENIENCY PROGRAM . . . . . 149 France ...... 151 THE FRENCH COUR DE CASSATION ANNULS THE PARIS COURT OF APPEAL’S JUDGMENT IN THE INTERBANK FEES CASE FOR THE SECOND TIME ...... 151 PARIS COMMERCIAL COURT DISMISSES FOLLOW-ON DAMAGE CLAIM IN THE DAIRY PRODUCTS CASE ...... 152 THE FRENCH COMPETITION AUTHORITY (“FCA”) FINES THE FOUR HISTORICAL MEAL VOUCHER ISSUERS FOR EXCHANGING COMMERCIALLY SENSITIVE INFORMATION AND LOCKING THEIR MARKET ...... 154 THE PARIS COURT OF APPEALS ORDERS ORANGE TO PAY OVER 2180 MILLION IN FOLLOW- ON ANTITRUST DAMAGE CLAIM ...... 156 PARIS COURT OF APPEALS FULLY ANNULS A MAY 2014 SEARCH WARRANT AND SUBSEQUENT DAWN RAIDS CARRIED OUT AT WHIRLPOOL FRANCE’S PREMISES . . . . . 159 THE FRENCH COMPETITION AUTHORITY FINES 12 COLD MEAT MANUFACTURERS 293 MILLION FOR OPERATING A CARTEL ...... 160 Italy ...... 161 THE COUNCIL OF STATE UPHOLDS THE 2017 TAR LAZIO JUDGMENTS THAT ANNULLED A 2016 ICA CARTEL DECISION IN THE BANKING SECTOR ...... 161 THE COUNCIL OF STATE CONFIRMS THE ANNULMENT OF AN ICA DECISION ON AN ALLEGED CARTEL IN THE REINFORCING STEEL BARS SECTOR ...... 162 THE ICA IMPOSES A 2228 MILLION FINE FOR AN ALLEGED CARTEL BETWEEN TELECOM OPERATORS WITH REGARD TO THE SWITCH FROM 28-DAY TO MONTHLY BILLING. . . . . 163 THE COURT OF ROME ASKS FOR ICA’S ASSISTANCE WITH QUANTIFICATION OF DAMAGES IN FOLLOW-ON CASE ...... 166 THE ITALIAN SUPREME COURT RULES ON LIMITATION PERIODS AND EVIDENTIARY VALUE OF COMMITMENT DECISIONS IN FOLLOW-ON ACTIONS ...... 168 THE TAR LAZIO UPHOLDS THE ICA DECISION TO FINE THE MEMBERS OF A CARTEL FOR THE ASSIGNMENT OF BROADCASTING RIGHTS FOR FOOTBALL MATCHES IN COUNTRIES OTHER THAN ITALY ...... 170 THE ITALIAN SUPREME COURT RULES AGAIN ON LIMITATION PERIODS IN AN A357 vii 0008 [ST: 1] [ED: m] [REL: 2021]

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FOLLOW-ON ACTION ...... 171 THE COUNCIL OF STATE CONFIRMS THE ANNULMENT OF AN ICA DECISION THAT FINED TWO COMPANIES FOR BID RIGGING IN THE MARKET FOR FOOD CATERING SERVICES IN ITALIAN MOTORWAY RESTAURANTS ...... 172 THE TAR LAZIO UPHOLDS ICA DECISION CONCERNING THE HELICOPTER SERVICE CARTELS...... 175 THE COUNCIL OF STATE CONFIRMS THE REDUCTION BY 60% OF THE FINES IMPOSED BY THE ICA ON THE MEMBERS OF AN ALLEGED CARTEL IN THE READY-MIX CONCRETE SECTOR ...... 176 THE TAR LAZIO ANNULS THE 2019 ICA DECISION CONCERNING AN ALLEGED BID-RIGGING CARTEL IN FACILITY MAINTENANCE SERVICES ...... 179 THE COUNCIL OF STATE UPHOLDS AN ICA DECISION REFUSING TO REVIEW THE AMOUNT OF A FINE ...... 182 THE COUNCIL OF STATE DECLARES INADMISSIBLE AN APPLICATION FOR REVOCATION OF A PREVIOUS JUDGMENT ON GROUNDS OF ERROR OF FACT ...... 184 COUNCIL OF STATE RULES ON APPEALS CONCERNING ICA’S DECISION TO FINE THE “BIG FOUR” FOR BID RIGGING IN THE CONTEXT OF A PUBLIC TENDER ...... 185 TAR LAZIO CONFIRMS FINES IMPOSED ON FIVE COMPANIES FOR RIGGING A TENDER FOR MEDICAL WASTE MANAGEMENT IN THE CAMPANIA REGION ...... 189 TAR LAZIO ANNULS ICA DECISION CONCERNING CAR FINANCING CARTEL ...... 191 Spain ...... 193 THE SUPREME COURT RULES THAT ACARTEL PARTICIPANT NOT ACTIVE IN THE AFFECTED MARKET IS NEVERTHELESS LIABLE (TEXTIL PLANAS OLIVERAS,JUDGMENT 1087/2020 OF MAY 21, 2020) ...... 193

CHAPTER III ANTICOMPETITIVE AGREEMENTS ...... 195 EUROPEAN INSTITUTIONS ...... 195 European Commission Decisions ...... 195 NBCUNIVERSAL COMPLETES THE COMMISSION’S INVESTIGATIONS AGAINST VERTICAL RESTRAINTS IN THE MERCHANDISING SECTOR ...... 195 THE COMMISSION FINES MELIÁ 26.7 MILLION FOR RESTRICTING CROSS-BORDER SALES ...... 196 THE COMMISSION APPROVES MASTERCARD’S ACQUISITION OF NETS’ACCOUNT-TO- ACCOUNT PAYMENTS BUSINESS SUBJECT TO REMEDIES ...... 197 General Court Judgments ...... 199 THE GENERAL COURT RULES ON CIRCUMSTANCES IN WHICH SPORTS ORGANIZATIONS MAY RESTRICT PARTICIPATION IN THIRD-PARTY EVENTS ...... 199 Court of Justice Advocate General Opinions ...... 201 ADVOCATE GENERAL KOKOTT OPINES ON PHARMA REVERSE-PAYMENT SETTLEMENT (LUNDBECK) ...... 201 Court of Justice Judgments ...... 203 BUDAPEST BANK:BANKING ON THE IMPORTANCE OF THE BY-EFFECT ASSESSMENT ...... 203 viii 0009 [ST: 1] [ED: m] [REL: 2021]

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THE COURT OF JUSTICE ANNULS COMMISSION DECISION THAT ACCEPTED PARAMOUNT COMMITMENTS ON CROSS-BORDER PAY-TV RESTRICTIONS ...... 208 NATIONAL COMPETITION AUTHORITIES ...... 211 United Kingdom ...... 211 CMA FINES FENDER EUROPE FOR RESTRICTING ONLINE DISCOUNTING OF GUITARS ...... 211 AMIT PATEL V. CMA ...... 212 CMA ISSUES SUPPLEMENTARY STATEMENT OF OBJECTIONS AND PARTIAL SETTLEMENT IN ROOFING INVESTIGATION ...... 213 CMA FINES PRIVATELY FUNDED OPHTHALMOLOGY PROVIDERS ...... 213 CMA LEVIES FINES IN PHARMA PROBE ...... 213 CMA ISSUES SUPPLEMENTARY STATEMENT OF OBJECTIONS IN LIOTHYRONINE TABLETS INVESTIGATION ...... 214 CMA RESUMES PHARMACEUTICAL SECTOR INVESTIGATIONS ...... 214 CMA ISSUES INFRINGEMENT DECISIONS IN RELATION TO UNFAIR PRICING OF MUSICAL INSTRUMENTS AND EQUIPMENT ...... 214 CMA PUBLISHES PROVISIONAL DECISION REPORT IN MARKET INVESTIGATION INTO THE FUNERALS MARKET ...... 215 CMA EXTENDS PARITY COMMITMENTS IN MONITORING OF PRICING PRACTICES OF ONLINE TRAVEL AGENTS ...... 216 ANALYSIS OF THE UK SUPREME COURT’S DECISION IN UNWIRED PLANET V.HUAWEI ...... 216 ROLAND (U.K.) LIMITED AND ANOTHER V.COMPETITION AND MARKETS AUTHORITY ...... 225 CMA IMPOSES INTERIM MEASURES IN INVESTIGATION OF THE ATLANTIC JOINT BUSINESS AGREEMENT ...... 225 FCA PUBLISHES FINAL REPORT IN HOME AND MOTOR INSURANCE MARKET STUDY AND OPENS ACONSULTATION ON PROPOSED REMEDIES ...... 226 CMA FINES COMPARETHEMARKET £17.9M ...... 227 Germany ...... 227 FCO HAS NO OBJECTIONS TO AGRICULTURAL ONLINE TRADING PLATFORM ...... 227 FCO APPROVES DFL TENDER MODEL FOR BUNDESLIGA MEDIA RIGHTS ...... 227 FCJ CONFIRMS THAT GERMAN MODEL T&CS FOR ONLINE BANKING WERE ANTICOMPETITIVE ...... 229 FCO DISCONTINUES PROCEEDINGS AGAINST SKY AND DAZN ...... 230 GERMAN FEDERAL COURT OF JUSTICE FRAND JUDGMENT IN SISVEL V.HAIER . . . . 230 THE FCO’S NARROW PRICE PARITY CLAUSE INVESTIGATION ...... 235 FCO ALLOWS JOINT MARKETING OF ADVERTISING SPACE IN NEWSPAPERS ...... 235 France ...... 238 THE FRENCH COMPETITION AUTHORITY IMPOSES RECORD FINE ON APPLE FOR VERTICAL PRACTICES AND ABUSE OF ECONOMIC DEPENDENCE ...... 238 ix 0010 [ST: 1] [ED: m] [REL: 2021]

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THE FRENCH COUR DE CASSATION UPHOLDS THE PARIS COURT OF APPEALS’ DECISION IN THE GROUPEMENT DES INSTALLATEURS FRANÇAIS CASE ...... 239 Italy ...... 240 THE COUNCIL OF STATE REITERATES THE PRINCIPLE THAT EVIDENCE PRODUCED IN CRIMINAL PROCEEDINGS MAY BE USED BY THE ICA TO DEMONSTRATE AN ANTICOMPETITIVE INFRINGEMENT ...... 240 TAR LAZIO CONFIRMS THE ICA COMMITMENT DECISION CONCERNING A CO-INVESTMENT AGREEMENT FOR THE ROLLOUT OF FIBER TO THE HOME TECHNOLOGY ...... 241 THE COUNCIL OF STATE DEFINITIVELY UPHOLDS THE 2016 ICA DECISION TO FINE ASPEN FOR CHARGING EXCESSIVE PRICES FOR ONCOLOGICAL DRUGS ...... 241 THE COUNCIL OF STATE ANNULS AN ICA DECISION THAT FINED THE ITALIAN NATIONAL LAWYERS’COUNCIL FOR FAILURE TO COMPLY WITH A PREVIOUS INFRINGEMENT DECISION ...... 244 COUNCIL OF STATE OVERTURNS TAR LAZIO JUDGMENTS THAT QUASHED AN ICA INFRINGEMENT DECISION REGARDING AN ALLEGED PARALLEL NETWORK OF ANTICOMPETITIVE VERTICAL AGREEMENTS BETWEEN RADIO TAXI COMPANIES AND DRIVERS ACTIVE IN MILAN ...... 247 THE TAR LAZIO QUASHES AN ICA DECISION FINING ALLEGED BID-RIGGING PRACTICES IN INTEGRATED HEALTH AND SAFETY MANAGEMENT ...... 251 ICA FINES RADIO TAXI COMPANIES FOR AN ANTICOMPETITIVE AGREEMENT IN THE MARKET FOR THE COLLECTION AND SORTING OF ORDERS FOR TAXI SERVICES IN NAPLES . . . . 254 THE COUNCIL OF STATE DECLARES INADMISSIBLE AN APPLICATION FOR REVOCATION OF A PREVIOUS JUDGMENT ON GROUNDS OF ERROR OF FACT ...... 256 THE ICA FINES SEVERAL GAS OPERATORS AT NATIONAL LEVEL FOR FAILURE TO NOTIFY A CONCENTRATION ...... 257 THE ICA FINED AN ASSOCIATION OF DRIVING SCHOOLS FOR PRICE FIXING ...... 258 THE COUNCIL OF STATE UPHOLDS TAR LAZIO JUDGMENTS THAT SET ASIDE ICA DECISION ON SERIE ACHAMPIONSHIP TV BROADCASTING RIGHTS ...... 259 Spain ...... 263 ADIDAS:FIRST TIME THAT THE CNMC ADDRESSES THE ISSUE OF VERTICAL RESTRICTIONS ON ONLINE SALES (S/DC/0631/17) ...... 263

CHAPTER IV ABUSE OF DOMINANCE ...... 265 EUROPEAN INSTITUTIONS ...... 265 European Commission Decisions ...... 265 COMMISSION ACCEPTS TRANSGAZ’S COMMITMENTS TO FACILITATE NATURAL GAS EXPORTS TO NEIGHBORING MEMBER STATES ...... 265 THE COMMISSION PUBLISHES ITS DECISION TO FINE QUALCOMM FOR ABUSE OF DOMINANT POSITION ...... 267 THE COMMISSION INVESTIGATES APPLE’S RULES GOVERNING THE DISTRIBUTION OF THIRD-PARTY APPS AND SERVICES ONIOS DEVICES ...... 270 COMMISSION SEEKS FEEDBACK ON ASPEN COMMITMENTS TO REDUCE CANCER MEDICATION PRICES ADDRESSING CONCERNS OVER EXCESSIVE PRICING ...... 272 x 0011

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COMMISSION ACCEPTS BROADCOM’S COMMITMENTS FOR TV SET-TOP BOXES AND MODEM CHIPS ...... 273 PREDATORY PRICING,AGAIN:THE COMMISSION SENDS ASTATEMENT OF OBJECTIONS TO ESKÉ DRÁHY ...... 277 THE COMMISSION OPENS AFORMAL PROBE AND SECOND INVESTIGATION INTO AMAZON ...... 279 General Court Judgments ...... 282 THE GOOGLE SHOPPING HEARING BEFORE THE GENERAL COURT OF THE EUROPEAN UNION ...... 282 THE GENERAL COURT REJECTS THE ESSENTIAL FACILITIES DOCTRINE IN RAIL SECTOR ...... 285 Court of Justice Judgments ...... 288 GENERICS UK: THE COURT OF JUSTICE ISSUES JUDGMENT ON THE APPLICATION OF EU COMPETITION LAW TO PHARMACEUTICAL REVERSE-PAYMENT SETTLEMENTS ...... 288 NATIONAL COMPETITION AUTHORITIES ...... 292 United Kingdom ...... 292 INFEDERATION LIMITED V.GOOGLE LLC ...... 292 FLYNN PHARMA LTD AND FLYNN PHARMA HOLDINGS LTD V. CMA ...... 292 CHURCHILL GOWNS LTD AND STUDENT GOWNS LTD V.EDE &RAVENSCROFT LTD AND ORS ...... 293 OFWAT AMENDS SCOPE OF INVESTIGATION INTO THAMES WATER ...... 293 STRIDENT PUBLISHING LIMITED V.CREATIVE SCOTLAND ...... 293 PREVENTX V.ROYAL MAIL GROUP ...... 293 CMA DROPS FOURTH HAND SANITISER EXCESSIVE PRICING PROBE ...... 295 OFGEM ACCUSES PAYPOINT OF ABUSE OF DOMINANCE ...... 295 CMA AND GLOBAL REGULATORS SECURE APP STORE PRIVACY CHANGES ...... 295 CMA ACCEPTS COMMITMENTS FROM ESSENTIAL PHARMA FOLLOWING INVESTIGATION INTO SUPPLY OF PRIADEL ...... 295 Germany ...... 296 GERMAN FEDERAL COURT OF JUSTICE PROVISIONALLY FINDS FACEBOOK’S DATA COLLECTION PRACTICES ABUSIVE ...... 296 FCJ RULES ON FRAND DEFENSE ...... 299 BRAND-GATING: FCO INVESTIGATES COOPERATION BETWEEN AMAZON AND APPLE ...... 301 ASPORTS ASSOCIATION ABUSED ITS MONOPOLY BY DISCRIMINATING AGAINST AFFILIATED ATHLETES ...... 302 FCO FINDS NO MARKET DOMINANCE IN THE ELECTRICITY GENERATION SECTOR IN SECOND MARKET POWER REPORT ...... 303 France ...... 303 FCA DISMISSED ABUSE OF DOMINANCE ALLEGATIONS AGAINST TDF IN RELATION TO THE ACQUISITION OF ITAS ...... 303 xi 0012

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THE FRENCH COMPETITION AUTHORITY CLOSES ITS INVESTIGATION ON LA POSTE FOLLOWING COMMITMENTS RECEIVED ON LOYALTY DISCOUNT PRACTICES ...... 305 THE FRENCH COMPETITION AUTHORITY FINES PARI MUTUEL URBAIN FOR FAILING TO COMPLY WITH ITS 2014 COMMITMENT TO SEPARATE ONLINE FROM OFFLINE BETTING POOLS ...... 306 THE FCA ORDERED INTERIM MEASURES ON GOOGLE TO NEGOTIATE WITH PUBLISHERS AND NEWS AGENCIES FOR DISPLAYING THEIR CONTENTS IN SEARCH RESULTS ...... 308 THE FRENCH COMPETITION AUTHORITY (“FCA”) DISMISSES MOLOTOV’S COMPLAINT AGAINST TF1 AND M6 ...... 310 THE FRENCH COMPETITION AUTHORITY FINES THREE PHARMACEUTICAL COMPANIES FOR ABUSE OF COLLECTIVE DOMINANCE ...... 312 THE FRENCH COUR DE CASSATION UPHOLDS THE PARIS COURT OF APPEALS’ JUDGMENT IN THE TDF ABUSE OF DOMINANCE CASE ...... 315 THE COUR DE CASSATION QUASHES THE PARIS COURT OF APPEALS’ DECISION IN THE SFR/ORANGE CASE ON THE FIXED TELEPHONY MARKET FOR SECONDARY HOMES FOR THE SECOND TIME ...... 317 THE PARIS COURT OF APPEALS CONFIRMS THE FRENCH COMPETITION AUTHORITY DECISION IMPOSING INTERIM MEASURES ON GOOGLE TO PROTECT COPYRIGHT-RELATED RIGHTS OF ONLINE NEWS PUBLISHERS ...... 318 Italy ...... 321 THE COUNCIL OF STATE ANNULS AN ICA DECISION SANCTIONING AN ALLEGED ABUSE OF DOMINANCE IN THE GAS DISTRIBUTION SECTOR, BY RELYING ON COASE’S AND HOBBES’ THEORIES OF ECONOMIC EFFICIENCY...... 321 THE TAR LAZIO QUASHES AN ICA DECISION CONCERNING AN ALLEGED ABUSE OF DOMINANCE IN THE NEWSPAPER SECTOR ...... 324 FIBER ROLLOUT AND ABUSE OF RIGHTS: ICA FINES TIM OVER 2100 MILLION FOR ABUSING ITS DOMINANT POSITION IN THE WHOLESALE AND RETAIL MARKETS FOR BB AND ULTRA-BB TELECOMMUNICATIONS SERVICES IN ITALY ...... 325 THE COUNCIL OF STATE ANNULS AN ICA DECISION IMPOSING INTERIM MEASURES ON TAXI TORINO IN AN INVESTIGATION INTO AN ALLEGED ABUSE OF DOMINANCE IN THE MARKET FOR THE COLLECTION AND SORTING OF ORDERS FOR TAXI SERVICES IN THE CITY OF TURIN ...... 330 THE ITALIAN SUPREME COURT RULES ON A FOLLOW-ON ACTION REGARDING TELECOM ITALIA’S ALLEGED ABUSE ON THE MARKET FOR WHOLESALE TERMINATION SERVICES . 332 THE ICA OPENS INVESTIGATION INTO ITALGAS FOR ALLEGED ABUSE OF DOMINANCE . 335 ICA IMPOSES 227 MILLION FINE ON COREPLA FOR ABUSING ITS DOMINANT POSITION IN THE MARKET FOR MANAGEMENT OF PLASTIC WASTE RECYCLING SERVICES ...... 335 TAR LAZIO QUASHES ICA DECISION ON ALLEGED ABUSE OF DOMINANT POSITION IN MARKETS FOR THE COLLECTION OF WASTE PAPER IN VARIOUS MUNICIPALITIES IN EMILIA ROMAGNA ...... 338

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Table of Contents CHAPTER V PROCEDURE, POLICY & INSTITUTIONAL FRAMEWORK ...... 343 EUROPEAN INSTITUTIONS ...... 343 European Commission Decisions ...... 343 THE EUROPEAN COMMISSION RECEIVES FEEDBACK FROM NATIONAL COMPETITION AUTHORITIES ON ITS REVIEW OF THE VBER ...... 343 PROPOSALS FOR REFORM OF COMPETITION LAW POLICY:PROPOSED REVISION OF THE COMMISSION’S MARKET DEFINITION GUIDANCE ...... 345 THE COMMISSION UNVEILS NEW POSITIONS ON DATA AND AI AS PART OF ITS DIGITAL STRATEGY ...... 348 DG COMP RESPONDS TO THE COVID-19 OUTBREAK ...... 352 THE COMMISSION TESTS 1997 MARKET DEFINITION NOTICE’S “FIT-FOR-PURPOSE” ...... 353 COMPETITOR COLLABORATION IN TIMES OF CRISIS ...... 354 THE COMMISSION DOUBLES DOWN ON DIGITAL MARKETS ...... 367 DG COMP RESPONDS TO THE COVID-19 OUTBREAK ...... 369 THE COMMISSION PUBLISHES SUPPORT STUDIES FOR THE EVALUATION OF THE VERTICAL BLOCK EXEMPTION REGULATION ...... 370 THE COMMISSION LAUNCHES CONSULTATIONS ON NEW MARKET INVESTIGATION TOOL AND DIGITAL PLATFORMS REGULATION ...... 371 THE COMMISSION INVITES FEEDBACK ON THE 1997 MARKET DEFINITION NOTICE . 376 COMMISSION PUBLISHES 2019 ANNUAL ACTIVITY REPORT ...... 377 THE EUROPEAN COMMISSION ANNOUNCES INTERNET-OF-THINGS INQUIRY ...... 379 UPDATE ON DG COMP’S RESPONSE TO THE COVID-19 PANDEMIC ...... 380 BLOCK EXEMPTION TROUBLESHOOTING:HOW E-COMMERCE IS RESHAPING EU ANTITRUST POLICY ON DISTRIBUTION AGREEMENTS ...... 383 ASTEP FORWARD IN THE JOURNEY ‘TOWARDS MORE EFFECTIVE EU MERGER CONTROL’? ...... 387 EU FOREIGN DIRECT INVESTMENT REGULATION COMES INTO FORCE ...... 390 EU COMMISSION CALL FOR CONTRIBUTIONS ON “COMPETITION POLICY SUPPORTING THE GREEN DEAL” ...... 398 THE COMMISSION PUBLISHES REPORT ON THE IMPLEMENTATION OF THE DAMAGES DIRECTIVE ...... 400 DIGITAL MARKETS:THE COMMISSION PUBLISHES DRAFT ONLINE PLATFORM REGULATIONS ...... 402 General Court Judgments ...... 408 GENERAL COURT CLARIFIES THE ROLE OF PRIVACY PROTECTIONS IN COMMISSION INVESTIGATIONS ...... 408 Court of Justice Advocate General Opinions ...... 411 ADVOCATE GENERAL PITRUZZELLA’S OPINION IN GROUPE CANAL+: A TRAILER FOR THE FIRST ANNULMENT OF COMMITMENTS BY THE COURT OF JUSTICE? ...... 411 xiii 0014

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ADVOCATE GENERAL HOGAN RECOMMENDS SECOND FINE REDUCTION FOR BREACH OF RIGHTS OF DEFENSE IN STEEL ABRASIVES HYBRID CARTEL CASE ...... 415 Court of Justice Judgments ...... 416 THE COURT OF JUSTICE CONFIRMS THE COMMISSION’S BROAD MARGIN OF APPRAISAL IN REJECTING COMPLAINTS ...... 416 THE COURT OF JUSTICE CLARIFIES THE SCOPE OF THE COMMISSION’S INSPECTION POWERS IN ANTITRUST PROCEEDINGS ...... 418 COURT DENIES SPANISH NCA STATUS AS “COURT OR TRIBUNAL”FOR MAKING PRELIMINARY REFERENCES (ANESCO) ...... 420 NATIONAL COMPETITION AUTHORITIES ...... 421 United Kingdom ...... 421 2019 REVIEW ...... 421 FINANCIAL CONDUCT AUTHORITY (FCA) AND PAYMENT SYSTEMS REGULATOR (PSR) ...... 427 COVID-19 AND CIVIL PROCEDURE RULE UPDATES ...... 427 JUDICIARY PUBLISHES COVID-19 CONTINGENCY PLAN ...... 427 BREXIT NEWS ...... 427 CMA ANNOUNCES NEW REGISTER OF SIGNIFICANT BREACHES OF MARKET AND MERGER REMEDIES ...... 428 UK SUSPENDS ELEMENTS OF ITS ANTITRUST LAWS AND REFOCUSES ENFORCEMENT IN RESPONSE TO COVID-19 ...... 428 CMA DELAYS WORK OF THE DIGITAL MARKETS TASKS FORCE ...... 432 CMA PUBLISHES UPDATE ON COVID-19 TASK FORCE ...... 433 HOUSE OF LORDS LIBRARY PUBLISHES ARTICLE ON COVID-19 BREXIT IMPLICATIONS ...... 433 ORR CLOSES MARKET STUDY INTO RAILWAY SIGNALLING ...... 433 COMPETITION LAW TO BE RELAXED TO ALLOW DAIRY INDUSTRY TO WORK TOGETHER ...... 433 UK GOVERNMENT PUBLISHES DRAFT LEGAL TEXTS FOR UK-EU RELATIONS NEGOTIATIONS ...... 433 CMA SECURES UNDERTAKING IN ITS PROGRAMME AIMED AT TACKLING FAKE AND MISLEADING ONLINE REVIEWS ...... 434 CMA SECURES REFUND UNDERTAKINGS FROM HOLIDAY LETS FIRM ...... 434 CMA PUBLISHES OPEN LETTER TO PHARMACY OWNERS AND SUPERINTENDENT PHARMACISTS ...... 434 COURTS AND TRIBUNALS RECOVERY PLAN ...... 435 CMA PUBLISHES UPDATE ON COVID-19 TASK FORCE ...... 435 CMA PUBLISHES LETTER TO SHELBY FINANCE LIMITED ON BREACHES OF THE PAYDAY LENDING ORDER ...... 435 COVID-19 CANCELLATIONS:PACKAGE HOLIDAYS ...... 435 QUESTIONS ABOUT EU TEMPORARY FRAMEWORK TO SUPPORT THE ECONOMY . . . . 435 xiv 0015

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CMA ISSUES DIRECTIONS TO CARDIFF PINNACLE REGARDING NON-COMPLIANCE WITH THE PAYMENT PROTECTION MARKET INVESTIGATION ORDER 2011 ...... 436 BEIS UPDATES REGISTER OF AGREEMENTS RELATING TO COMPETITION EXCLUSION ORDERS ...... 436 CMA PUBLISHES UPDATE ON CITIZENS ADVICE’S SUPER-COMPLAINT ON LOYALTY PENALTY ...... 436 UK GOVERNMENT LOWERS MERGER NOTIFICATION THRESHOLD FOR CERTAIN CRITICAL SECTORS ...... 437 CMA PUBLISHES PAPER BY ANDREW TYRIE DISCUSSING HOW COMPETITION POLICY SHOULD REACT TO COVID-19 ...... 437 CMA CONSULTS ON AMENDING LENIENCY GUIDANCE ON APPLICATIONS FOR LENIENCY AND NO-ACTION IN CARTEL CASES ...... 437 CMA PUBLISHES RESPONSE TO CONSULTATION ON REFORMING REGULATION . . . . 438 CMA CONCLUDES CONSULTATION ON GUIDANCE ON THE CMA’S INVESTIGATION PROCEDURES IN COMPETITION ACT 1998 CASES ...... 438 CMA SIGNS “FIVE EYES”COOPERATION FRAMEWORK WITH US, CANADIAN, AUSTRALIAN,AND NEW ZEALAND COMPETITION AUTHORITIES ...... 438 CMA CONSULTS ON FDI POWERS/PROCEDURES GUIDANCE ...... 445 CMA PUBLISHES UPDATED MANAGERS GUIDE TO COMPETITION RISK ...... 445 CMA PUBLISHES RESPONSE TO COMMISSION CONSULTATIONS ON DIGITAL SERVICES ACT PACKAGE AND NEW COMPETITION TOOL ...... 445 PSR PUBLISHES INTERIM REPORT ON MARKET REVIEW INTO THE SUPPLY OF CARD‑ACQUIRING SERVICES ...... 446 CMA LIMITS RPM LENIENCY DISCOUNT ...... 446 UK GOVERNMENT REVOKES DAIRY/GROCERIES COVID‑19 COMPETITION EXEMPTIONS ...... 447 CMA CONSULTS ON MERGER REMEDIES ENFORCEMENT GUIDANCE ...... 447 JONATHAN SCOTT APPOINTED AS INTERIM CHAIR OF THE CMA ...... 447 CMA PROPOSES NEW PROCEDURAL AND SUBSTANTIVE MERGER GUIDANCE ...... 447 NEW NATIONAL SECURITY AND INVESTMENT BILL ...... 453 UK PROPOSES AMANDATORY,PRE-CLOSING NATIONAL SECURITY REGIME ...... 453 GOVERNMENT RESPONSE TO CMA’S DIGITAL ADVERTISING MARKET STUDY ...... 461 CMA PUBLISHES FIRST THE STATE OF UK COMPETITION REPORT ...... 462 CMA’S DIGITAL MARKETS TASKFORCE PROPOSES A NEW REGULATORY REGIME FOR DIGITAL MARKETS ...... 462 CMA PUBLISHES FINAL REPORT ON REVIEW OF LEGAL SERVICES MARKET STUDY . 469 INTERNAL MARKETS BILL RECEIVES ROYAL ASSENT ...... 4 Germany ...... 470 GERMAN GOVERNMENT PROPOSES SIGNIFICANT REFORM OF COMPETITION LAW . . 470 xv 0016 [ST: 1] [ED: m] [REL: 2021]

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FCO INITIATES SECTOR INQUIRY INTO ELECTRIC VEHICLE CHARGING INFRASTRUCTURE ...... 476 MONOPOLIES COMMISSION BIENNIAL REPORT XXIII “COMPETITION 2020” ...... 476 THE FCO’S ACTIVITIES IN THE FIRST HALF OF 2020 ...... 477 SECTOR INQUIRIES INTO CONSUMER LAW ISSUES ...... 481 FCO OPENS ADDITIONAL INVESTIGATION OF FACEBOOK PRACTICES ...... 483 France ...... 484 NEW INVESTIGATIVE POWER FOR THE FRENCH COMPETITION AUTHORITY TO ACCESS TELEPHONE COMMUNICATIONS DATA ...... 484 THE FRENCH COMPETITION AUTHORITIES ANNOUNCES ITS ENFORCEMENT PRIORITIES FOR 2020 AND CREATES ADEDICATED DIGITAL DEPARTMENT ...... 485 THE COUR DE CASSATION ISSUES TWO JUDGMENTS RELATING TO THE BUSINESS SECRET PROTECTION IN THE FCA’S PROCEEDINGS ...... 488 THE FCA ISSUES A STUDY ON BEHAVIORAL REMEDIES ...... 490 KEY FEATURES OF BEHAVIORAL REMEDIES IN FCA DECISIONAL PRACTICE ...... 491 THE FRENCH COMPETITION AUTHORITY PUBLISHES ITS CONTRIBUTION TO THE DEBATE ON COMPETITION POLICY IN THE DIGITAL SECTOR ...... 492 THE FCA PUBLISHES AN ANTITRUST PRACTICAL GUIDE FOR SMES ...... 494 THE FRENCH COMPETITION AUTHORITY SUSPENDS PROCEDURAL TIME LIMITS DUE TO COVID-19 ...... 495 THE EUROPEAN COMMISSION AUTHORIZES THE FRENCH GOVERNMENT’S MEASURES TO FACE COVID-19 ...... 496 COVID-19 UPDATE:TIME-LIMITS FOR MERGER CONTROL AND ANTITRUST PROCEEDINGS ARE GRADUALLY RESUMING ...... 499 THE PARIS COURT OF APPEALS UPHOLDS THE FRENCH COMPETITION AUTHORITY’S (“FCA”) FINING DECISION AGAINST AKKA GROUP FOR OBSTRUCTING DAWN RAIDS . 500 FRENCH REGULATORS ANNOUNCE THAT THEY WILL INCREASINGLY TAKE INTO ACCOUNT CLIMATE ISSUES IN EXERCISING THEIR MISSIONS ...... 502 THE FRENCH COMPETITION AUTHORITY PUBLISHES A STUDY ON THE IMPACT OF E- COMMERCE ON COMPETITION POLICY ...... 503 FRANCE FOREIGN INVESTMENT CONTROL –NEW RULES TEMPORARILY APPLICABLE TO NON-EU/EEA INVESTMENTS ENTER INTO FORCE ...... 507 THE GENERAL COURT PARTIALLY ANNULS EUROPEAN COMMISSION DECISIONS ORDERING FRENCH SUPERMARKETS DAWN RAIDS ...... 509 THE FRENCH TRIBUNAL DES CONFLITS CONFIRMS THE JURISDICTION OF THE PARIS COURT OF APPEALS TO RULE ON CONFIDENTIALITY WAIVERS IN PUBLIC VERSIONS OF FRENCH COMPETITION AUTHORITY DECISIONS ...... 511 Italy ...... 512 ICA PUBLISHES FINAL REPORT ON BIG DATA SECTOR INQUIRY ...... 512 ICA NOTICE ON COOPERATION AGREEMENTS BETWEEN BUSINESSES IN THE COVID-19 EMERGENCY ...... 515 xvi 0017

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Spain ...... 516 INCOMING AMENDMENTS TO THE SPANISH COMPETITION ACT ...... 516

CHAPTER VI STATE AID ...... 519 EUROPEAN INSTITUTIONS ...... 519 European Commission Decisions ...... 519 STATE AID TEMPORARY FRAMEWORK TO SUPPORT THE ECONOMY IN THE CONTEXT OF THE COVID-19 OUTBREAK ...... 519 AMENDMENT TO THE STATE AID TEMPORARY FRAMEWORK TO SUPPORT THE ECONOMY IN THE CONTEXT OF THE COVID-19 OUTBREAK ...... 522 THE EUROPEAN COMMISSION RELAXES STATE AID RULES FOR COVID-19-RELATED RECAPITALIZATIONS ...... 526 STATE AID TEMPORARY FRAMEWORK EXTENDED AND EXPANDED ...... 532 General Court Judgments ...... 534 EU GENERAL COURT STRIKES DOWN COMMISSION’S 214 BILLION STATE AID DECISION AGAINST APPLE AND IRELAND ...... 534 Court of Justice Advocate General Opinions ...... 541 ADVOCATE GENERAL PITRUZZELLA RECOMMENDS THE COURT OF JUSTICE OF THE EUROPEAN UNION SET ASIDE FC BARCELONA’S STATE AID VICTORY AT THE GENERAL COURT (EUROPEAN COMMISSION V. FC BARCELONA) ...... 541 NATIONAL COMPETITION AUTHORITIES ...... 543 France ...... 543 THE EUROPEAN COMMISSION AUTHORIZES AN AMENDMENT TO THE FRENCH RECOVERY PLAN...... 543

INDEX ......

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