Merger Control and Joint Ventures

Short Reads - On 26 September 2018, the European Court of Justice partially set aside the judgment of the General Court in the smart card chips cartel case. Infineon had argued that the General Court wrongfully assessed only five out of eleven allegedly unlawful contacts. The Court agreed with Infineon insofar as its argument related to the amount of the fine imposed. Philips had also appealed the General Court judgment but that appeal was dismissed in its entirety meaning that the Court of Justice upheld the European Commission's decision and fine.

Short Reads - On 3 September 2018, the Trade and Industry Appeals Tribunal (CBb) annulled the market analysis decision regarding 24-hour business mail issued by the Dutch Authority for Consumers and Markets (ACM) on 27 July 2017. In appeal proceedings filed by PostNL, the CBb ruled that the ACM had failed to demonstrate that digital mail was not part of the relevant market for 24-hour business mail.

Short Reads - On 20 July 2018, the Court of Appeal of Gelderland published another interim judgment in the ongoing proceedings between TenneT, the grid operator in the Netherlands, and ABB in relation to the gas insulated switchgear (GIS) infringement. After the Dutch Supreme Court had confirmed in a judgment of 8 July 2016 [see our August 2016 Newsletter] that the passing-on defence is available under Dutch law, the Court of Appeal of Gelderland decided to appoint independent economic experts to provide input on the calculation of overcharge and the existence of pass-on.

Short Reads - On 25 July 2018, the European Court of Justice rejected Orange Polska's appeal relating to a European Commission decision finding an abuse of dominance on the Polish wholesale broadband market. The judgment clarifies that the Commission does not have to take into account the actual or likely effects of an infringement when determining the amount of the fine.

Short Reads - On 17 September 2018, the Court of Justice of the European Free Trade Association (EFTA Court) ruled that national limitation periods should not make damages claims impossible or excessively difficult.

Short Reads - Het verrichten van openbaar vervoer geschiedt op basis van een concessie. Een concessie is het recht om met uitsluiting van anderen openbaar vervoer te verrichten in een bepaald gebied gedurende een bepaald tijdvak, aldus artikel 1 van de Wet personenvervoer 2000 (hierna: de 'Wp 2000'). 

Short Reads - On 27 June 2018, the District Court of East-Brabant ruled on the limitation periods of a damages claim brought by Vestel in relation to the alleged cathode ray tubes (CRT) cartel. The District Court found that the damages claim is not time-barred under Turkish law.

Short Reads - On 12 July 2018, the General Court dismissed the appeals against the fines imposed by the European Commission in the power cable cartel. The Court also confirmed the EUR 37.3 million fine levied on Goldman Sachs on the basis of its exercise of decisive influence over cable maker Prysmian through one of its funds.