ECJ Says Google Needs to Make its Platform Interoperable
The European Court of Justice (ECJ) has determined that Google's refusal to make its Android Auto platform interoperable with Enel X Italia's JuicePass app could constitute an abuse of dominance. The ruling clarifies that while companies are not always obligated to provide access to their platforms, a refusal can be deemed anticompetitive if the platform is designed for third-party use and interoperability would enhance consumer choice. This decision expands the scope of anticompetitive behavior, holding dominant companies accountable even when their platforms aren't essential for a competitor's survival.
However, the ECJ acknowledged potential justifications for refusal, such as security risks or the absence of necessary technical templates. If no such risks exist, Google may be required to develop the necessary templates within a reasonable timeframe, potentially in exchange for financial compensation. Google was fined over EUR 102 million by Italy's competition authority, AGCM, for this refusal which led to an appeal and the preliminary ruling before the ECJ.
Portugal: No Poach? No Way!
The Portuguese Competition Authority ("AdC") has levied a fine of EUR 3.09 million on Inetum SA, a French multinational technology consulting firm, for no-poach agreements from 2014 to 2021. Inetum and other companies involved in the practice mutually agreed not to hire or make unsolicited offers to each other's employees, impacting the labor market by limiting employee mobility. Previously, three other firms were also penalized by AdC for similar anti-competitive conduct, and these companies chose to settle.
Trump's New Order: Regulators, Report to the White House!
US President Donald Trump has signed an executive order to enhance White House control over federal agencies, including independent regulators such as the Federal Trade Commission, the Federal Communications Commission, and the Securities and Exchange Commission. The order requires these agencies to submit proposed regulations to the White House and align with presidential priorities. It also gives the Office of Management and Budget authority to oversee agency budgets and centralizes legal interpretations under the president and attorney general to avoid conflicting rulings.
Banks Pay the Price for Collusion in the UK
The UK Competition and Markets Authority ("CMA") has imposed a total fine of GBP 104.4 million on Citi, HSBC, Morgan Stanley, and Royal Bank of Canada for sharing sensitive information related to UK government bonds between 2009 and 2013. The banks exchanged competitive information in private chatrooms about the buying and selling of gilts and gilt asset swaps. Deutsche Bank was exempted from the fine as it cooperated with the CMA by reporting its involvement.
The banks received reduced penalties due to their compliance measures. The fines are as follows:
- Citi: GBP 17.16 million (including discounts)
- HSBC: GBP 23.4 million
- Morgan Stanley: GBP 29.7 million
- Royal Bank of Canada: GBP 34.2 million
Mexico: The Authority Can Review Personal Accounts to Detect Illegal Activity
On February 12, 2025, the Mexican Supreme Court ruled that Cofece, the country's competition authority, is allowed to collect and use certain personal data during investigations of anti-competitive practices. This includes communications between company employees about business activities, even if conducted through personal accounts. The decision concludes a legal dispute initiated by Aeromexico, which had contested the use of personal emails in its price-fixing case. Aeromexico argued that the data was unlawfully obtained.
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