Insights

Washington – December 22, 2022: Global Competition Review recognized Crowell & Moring’s Antitrust & Competition Group in its “GCR 100 2023” – the leading ranking of the world’s competition policy law and economics practices. This year marks the 23rd edition of the awards and the 16th consecutive year that the Antitrust & Competition Group has been recognized.

Following a complaint filed in 2009 by a Portuguese cable company, Cabovisao, the Portuguese Competition Authority found in June 2013 that discriminatory pricing by Sport TV, a provider of premium sports TV channels, constituted an abuse of dominance contrary to Article 102 TFEU and national law. On February 27, 2015, Cogeco, a shareholder of Cabovisao which had distributed Sport TV, filed a claim for damages. Sport TV argued that Cogeco’s claim was statute barred.

The case relates to a cartel that took place in the Finnish asphalt market between 1994 and 2002. A number of the companies that participated in the cartel were acquired, during or after the cartel period. The acquirers liquidated the legal entities involved in the cartel and absorbed their assets and activities. The Finnish competition authority subsequently fined the acquirers, relying on the established principle of ‘economic continuity’ under EU fining rules – that if an infringing company ceases to exist and its activities have been acquired by another entity, liability for fines transfers to the acquirer.

Imagine finding out your supplier was fined several million euros by the European Commission for its participation in a cartel.  It appears your company was charged inflated prices for many years and suffered damages. Would you like to know what your options are to obtain compensation? 

In these unprecedented times, it is increasingly important for companies across all sectors to feel comfortable navigating the complex rules on state aid. On the one hand, state aid can be an important resource – granted by EU member states to support companies affected by the COVID-19 pandemic or stimulate investments (albeit subject to strict conditions). On the other hand, the European Commission is committed to vigorously pursuing any violation of the state aid rules – something that can lead to a multimillion, or even a multibillion euro bill in recovery measures.