Follow-On Civil Litigation

Short Reads - The General Court recently upheld a Commission decision finding that suppliers of optical disk drives colluded in bids for sales to Dell and HP by engaging in a network of parallel bilateral contacts over a multi-year period. The General Court rejected applicants' arguments regarding the Commission's fining methodology, including that the Commission ought to have provided reasons for not departing from the general methodology set out in its 2006 Guidelines.

Short Reads - The European Commission has landed a third strike against gun-jumping, the prohibition to implement a transaction before notification to and clearance by the Commission.

Short Reads - Belgium recently adopted a new act prohibiting (1) the abuse of economic dependence, (2) the use of unfair contract terms and (3) unfair market practices in B2B relationships.

Short Reads - Companies should take note that the European Commission will deviate from its own general fining methodology if a particular case calls for it. The General Court recently upheld the Commission's novel fining approach in regard of a purchase cartel.

Short Reads - The European Commission recently imposed a EUR 6.2 million fine on Hello Kitty owner Sanrio for preventing its licensees from selling licensed merchandising products across the entire EEA. Sanrio is the second licensor (after Nike) to be fined for imposing territorial sales restrictions on its non-exclusive licensees for licensed merchandise. A third investigation into allegedly similar practices by Universal Studios is ongoing. The case confirms the Commission's determination to tackle these practices, regardless of type or form.

Short Reads - The Rotterdam District Court recently confirmed the high bar which has been set for the ACM when proving its case: the court annulled the fines imposed by the ACM in two different cases and, significantly, each for the same reason.

Articles - Par un arrêt du 12 juin 2019, la Cour de Justice de l’Union européenne a considéré qu’un arrêté bruxellois qui fixe une zone spéciale de conservation (Natura 2000) est bien un plan ou un programme, mais qui n’est pas nécessairement soumis à une évaluation des incidences sur l’environnement. Au détour de cet arrêt, elle a confirmé certains enseignements de sa jurisprudence antérieure.

Short Reads - The General Court recently confirmed the high degree of discretion enjoyed by the European Commission in the context of merger control decisions, particularly with respect to assessments of an economic nature.