Focus Antitrust - 28 February 2018

In The News

Advocate General finds that General Court failed to examine arguments relating to effect of infringement of Article 102 on level of fine

An Advocate General’s opinion has proposed that the ECJ should set aside the judgment of the General Court in the Orange Polska Article 102 case, inasmuch as the General Court erred in law by failing to examine the arguments put forward by Orange Polska, alleging the existence of errors vitiating the Commission’s conclusions on the effect of the infringement on the relevant markets in relation to the level of fine. Click here. 

UK

CMA

• The CMA has opened its investigation into the proposed merger of SSE Retail and Npower. Click here.

Courts

• The High Court has handed down a ruling in the damages action brought by Sainsbury’s against Visa in relation to Visa’s multilateral interchange fees (MIFs). The Court held that, if (contrary to its previous decision) Visa's MIFs have at any time restricted competition within the meaning of Article 101(1), they were not exempt under Article 101(3) and would not have been exempt at any level. Click here.

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