Cleary Gottlieb Steen & Hamilton LLP

The German Federal Cartel Office (“FCO”) has endorsed a “one-time temporary cooperation project” of Germany-based sugar manufacturers Nordzucker, Südzucker, Pfeifer & Langen and Consun Beet to coordinate capacities for the processing of sugar beets from September 2022 to March 2023 in light of the dawning gas supply shortage.[1] Background The FCO’s decision reflects the global impact of the ongoing war in Ukraine on the rising energy prices.  While the FCO has registered an increased…
The UK Competition and Markets Authority (CMA) last week fined pharmaceutical companies Pfizer and Flynn £63 million and £6.7 million for engaging in excessive pricing.  In the CMA’s view, the companies charged unfairly high prices for Phenytoin capsules, a genericised anti-epilepsy drug, in violation of competition law. The CMA’s decision[1] comes nearly six years after the CMA’s original infringement decision for the same conduct, and appeals to the Competition Appeal Tribunal (CAT) and Court of…
On May 12, 2022, the Commission announced that it will phase out the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak. The COVID-19 Temporary Framework was first adopted on March 19, 2020, and the main provisions will cease to be in force after June 30, 2022. The Commission decided not to extend the COVID-19 Temporary Framework due to the overall improvement of the sanitary crisis in Europe and…
The Italian Competition Authority (the “ICA”) fined ferry operator Caronte & Tourist (“C&T”) €3.7 million for having charged excessive prices on a ferry transportation route between Sicily and Calabria between 2017 and 2019 (the “Decision”).[1] I. The investigation In July 2020, the ICA opened proceedings[2] to establish whether C&T’s prices infringed Italian competition rules,[3] after its preliminary investigation revealed that C&T had charged the highest fees compared to rivals operating on the…