Focus Antitrust - 27 September 2017

In The News

CMA opens investigation into price comparison website’s use of retail most favoured nation clauses

The CMA has opened an investigation into the use of certain retail most favoured nation clauses by a price comparison website in relation to home insurance products. Retail most favoured nation clauses in online retailing require the provider of a product to price that product via the online outlet at a price that is as low or lower than the price at which the product is sold at rival outlets. Click here.

European Commission fines Scania €880 million for participating in trucks cartel

The European Commission has fined Scania €880 million for participating in the trucks cartel. The Commission found that it colluded with five other truck manufacturers on truck pricing and on passing on the costs of new technologies to meet stricter emission rules. The other truck manufacturers settled with the Commission in July 2016. Click here.

EU

Articles 101 and 102

• The ECJ has issued its judgments on appeals against the European Commission’s readoption of the Italian concrete reinforcing bar cartel decision. The ECJ has annulled the Commission’s decision on the basis that the Commission’s procedure did not include an oral hearing on the substance of the case where the Members States were invited to attend. Click here. 
• An Advocate General’s opinion has been handed down on a reference from the Italian courts in relation to arrangements between Hoffman-La Roche and Novartis. The Advocate General proposes that the ECJ should rule that: in the pharmaceutical sector, the content of marketing authorisations for medicinal products is not necessarily decisive in the determination of the relevant product market; and an agreement to communicate to third parties allegations of the lesser safety of one medicinal product by comparison with another, without being in possession of reliable scientific evidence to support those allegations or scientific knowledge indisputably contradicting them, constitutes a restriction of competition by object, where those allegations are misleading. Click here.

Mergers

• The European Commission has opened an in-depth phase 2 investigation to assess the proposed merger between Essilor and Luxottica. The Commission has concerns that the merger may reduce competition for ophthalmic lenses, and will further investigate effects on eyewear. Click here.

UK

CMA

• The CMA has accepted undertakings in lieu of a reference in relation to the merger of Solera Holdings Inc. and Autodata Publishing Group Limited. The undertakings involve Solera selling its vehicle repair and maintenance information platforms to HaynesPro, a buyer approved in advance by the CMA. Click here.
• The CMA has issued its final decision clearing the Cardtronics/DirectCash Payments merger following a phase 2 investigation. This follows the CMA’s provisional findings issued last month. Click here.

This article was written by Paul Stone. For more information, please contact Paul on +44(0)20 7203 5110 or at paul.stone@crsblaw.com.