SIGNIFICANT IMBALANCE
Required under Article 6 paragraph 2 of the Law of 21 June 2004 on confidence in the digital economy to act promptly to remove data it knows to be unlawful or to prevent access to it, a web site host does not create a significant imbalance within the meaning of Article L. 442-1, I, 2°, of the Commercial Code by including a clause in its contract enabling it to promptly suspend the use of its referencing services for legal reasons, and then applying it when it is informed of the misleading nature of a site to which it provides access.
Cass. com., 4 September 2024, No. 22-12.321
RESTRICTIVE AGREEMENTS
Parties to a restrictive agreement may not rely on the lack of implementation of agreements they have unreservedly recognized as being anticompetitive.
Case T-59/22 Conserve Italia and Conserves France v Commission, Judgment of 4 September 2024, not available in English.
INVESTIGATION
A foreign undertaking that has chosen to conduct business activities in the EU cannot evade a request by the Commission for access to data transiting through messaging systems used by its employees in the course of those activities, even if the data is stored outside the EU.
GC, Case T 284/24 R Nuctech Warsaw Company Limited sp. z o.o., Order of 12 August 2024, LawLex202400005891JBJ
FINE
The upper limit of the fine must be calculated in relation to the turnover achieved by the offending undertaking, even if it combines this status with that of an association of undertakings, provided that it carries on an economic activity distinct from that of its members and has its own turnover which adequately reflects its size and economic power.
GC, Case T-59/22 Conserve Italia – Consorzio Italiano fra cooperative agricole Soc. coop. agr., Judgment of 4 September 2024, not available in English.
MERGERS
The judgment of the General Court, which erroneously concluded that a literal, historical, contextual and teleological interpretation of Article 22 of the Merger Regulation allowed national competition authorities to ask the Commission to examine a concentration which not only did not have a European dimension, but also fell outside of their competence of control because it did not meet the applicable national thresholds, must be annulled.
Case Joined Cases C 611/22 P and C 625/22 P Illumina Inc. and others, Judgment of 3 September 2024, LawLex202400005892JBJ
