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EU competition law round-up: General Court judgments on Pharol/Telefónica non-compete and metal cans cartel; Micula State aid; DMA Apple compliance; DG COMP Chief Economist appointment

Published on: 02 October 2024

Published by a LexisNexis Competition expert
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Antitrust General Court dismisses appeal against re-adopted fine for non-compete agreement

The General Court has delivered its judgment in Case T-181/22, Pharol v Commission, on an appeal against the Commission’s re-adopted Article 101 TFEU decision concerning a non-compete arrangement between Telefónica and Portugal Telecom (now Pharol) affecting the Iberian telecommunications market (AT.39839). The General Court rejected the appeal in its entirety and maintained the revised fine.

Background

In 2010, Telefónica and Portugal Telecom—later renamed Pharol—concluded an agreement for Telefónica to purchase Pharol’s shareholding in the Brazilian mobile operator Vivo. The contract included a non-compete clause that prevented both companies from competing with one another in the Iberian telecommunications markets until 2011. In 2013, the Commission adopted an infringement decision, finding that the non-compete breached Article 101 TFEU. It imposed fines of €66.9m on Telefónica and €12.3m on Pharol (the Commission’s 2013 decision).

Appeals before EU Courts

Telefónica and Pharol subsequently lodged appeals against the Commission’s 2013 decision before the General Court...

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