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Official Blog of the European Competition and Regulatory Law Review (CoRe)

The CoRe Blog is the interactive online platform for up-to-date analysis of EU competition law developments. It’s the blog companion of the quarterly double blind peer-reviewed European Competition and Regulatory Law Review (CoRe). The CoRe Blog fills in the gaps that a 4-times-a-year journal can’t address: immediate updates and analysis of breaking news in EU competition and regulatory law and the opportunity to discuss these developments directly with other experts through our Comments section.

We want to hear what you think about the hot topics in EU competition and regulatory law. So share your thoughts in the Comments section of every blog post or submit your own post (500-2000 words) as an external author. The author of the most popular blog post in the last quarter will be published in the CoRe journal and get a free copy of an issue of their choice.

Lithuanian Railways and Slovak Telecom – Implications for the Essential Facility Doctrine

The recent cases of Lithuanian Railways and Slovak Telekom address the matter of refusal to deal. Both cases, which do not engage in the assessment of this abuse, in fact, provide important guidance on the scope of application of the essential facility doctrine for current practice that will be covered in this post. Refusals to deal and the essential facility […]

Epic v Apple (3): two perspectives on app stores’ 30% commission fee

app stores, App Store, Google Play, 30%, commission fee, Epic, Spotify, Netflix, excessive pricing, tying, bundling, exploitation, exclusion, European Commission
In a first blog post in this Epic v Apple series, we introduced the high-stakes dispute and the context necessary for understanding it. A second blog post discussed market power in app distribution and access to Apple and Google’s ecosystems under refusal to supply/foreclosure theories of harm. This third post zooms in on the most contentious feature of Apple’s App […]

Covid-19 and the geopolitics of the Herfindahl-Hirschman Index

The Covid-19 pandemic has revealed that trade is not a free flow whose tap globalization has turned on for good: export may be restricted due to unavailability and, as in the case of import, as part of foreign policy. What emerged as a discontinuity with the globalization of the last three decades makes the assessment of a market structure more […]

2019:1134 Furukawa Electric v Commission

Court Court of Justice Date of ruling 19 December 2019 Case name (short version) Furukawa Electric v Commission Case Citation C- 589/18 P ECLI:EU:C:2019:1134 Key words Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — 2006 Guidelines on the method of […]

2019:1025 LS Cable & System v Commission

Court Court of Justice Date of ruling 28 November 2019 Case name (short version) LS Cable & System v Commission Case Citation Case C-596/18 P ECLI:EU:C:2019:1025 Key words Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — Burden of proof — […]

2019:966 Silec Cable and General Cable v Commission

Court Court of Justice Date of ruling 14 November 2019 Case name (short version) Silec Cable and General Cable v Commission Case Citation C-599/18 P ECLI:EU:C:2019:966 Key words Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Proof of the infringement — Presumption […]

2019:675 HSBC Holdings plc and Others v European Commission

Court General Court Date of ruling 24 September 2019 Case name (short version) HSBC Holdings plc and Others v European Commission Case Citation T-105/17 ECLI:EU:T:2019:675 Key words Competition — Agreements, decisions and concerted practices — Euro Interest Rate Derivatives sector — Decision establishing an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Manipulation of the […]

2019:633 FVE Holýšov I s. r. o. and Others v European Commission

Court General Court Date of ruling 20 September 2019 Case name (short version) FVE Holýšov I s. r. o. and Others v European Commission Case Citation T-217/17 ECLI:EU:T:2019:633 Key words State aid — Market for electricity generated from renewable sources — Measures setting a minimum purchase price for electricity generated from renewable energy sources or granting a bonus to producers […]

2019:532 Région Île-de-France v European Commission

Court General Court Date of ruling 12 July 2019 Case name (short version) Région Île-de-France v European Commission Case Citation T-292/17 ECLI:EU:T:2019:532 Key words State aid — Aid scheme implemented by France between 1994 and 2008 — Investment subsidies awarded by the Île-de-France Region — Decision declaring the aid scheme compatible with the internal market — Advantage — Selective nature […]

2019:522 Toshiba Samsung Storage Technology Corp. and Toshiba Samsung Storage Technology Korea Corp. v European Commission

Court General Court Date of ruling 12 July 2019 Case name (short version) Toshiba Samsung Storage Technology Corp. and Toshiba Samsung Storage Technology Korea Corp. v European Commission Case Citation T-8/16 ECLI:EU:T:2019:522 Key words Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of […]

2019:519 Quanta Storage, Inc. v European Commission

Court General Court Date of ruling 12 July 2019 Case name (short version) Quanta Storage, Inc. v European Commission Case Citation T-772/15 ECLI:EU:T:2019:519 Key words Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements relating to bidding […]

2019:517 Sony Optiarc, Inc and Sony Optiarc America, Inc v European Commission

Court General Court Date of ruling 12 July 2019 Case name (short version) Sony Optiarc, Inc and Sony Optiarc America, Inc v European Commission Case Citation T-763/15 ECLI:EU:T:2019:517 Key words Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — […]

2019:515 Sony Corporation and Sony Electronics, Inc v European Commission

Court General Court Date of ruling 12 July 2019 Case name (short version) Sony Corporation and Sony Electronics, Inc v European Commission Case Citation T-762/15 ECLI:EU:T:2019:515 Key words Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements […]

2019:514 Hitachi-LG Data Storage, Inc. and Hitachi-LG Data Storage Korea, Inc. v European Commission

Court General Court Date of ruling  12 July 2019 Case name (short version) Hitachi-LG Data Storage, Inc. and Hitachi-LG Data Storage Korea, Inc. v European Commission Case Citation  T-1/16 ECLI:EU:T:2019:514 Key words Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA […]

2019:498 Huhtamäki Oyj and Huhtamaki Flexible Packaging Germany GmbH & Co.KG v European Commission

Court General Court Date of ruling 11 July 2019 Case name (short version) Huhtamäki Oyj and Huhtamaki Flexible Packaging Germany GmbH & Co.KG v European Commission Case Citation T-530/15 ECLI:EU:T:2019:498 Key words Competition — Cartels — Retail food packaging market — Decision finding an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement — Evidence of […]

2019:356 Recylex SA and Others v European Commission

Court General Court Date of ruling 23 May 2019 Case name (short version) Recylex SA and Others v European Commission Case Citation T-222/17 ECLI:EU:T:2019:356 Key words Competition — Agreements, decisions and concerted practices — Market for lead-acid car battery recycling — Decision finding an infringement of Article 101 TFEU — Coordination of purchase prices — Fines — Point 26 of […]

2019:354 KPN BV v European Commission

Court General Court Date of ruling 23 May 2019 Case name (short version) KPN BV v European Commission Case Citation T-370/17 ECLI:EU:T:2019:354 Key words Competition — Concentrations — Netherlands market for television services and telecommunications services — Full-function joint venture — Decision declaring the concentration compatible with the internal market and the EEA Agreement — Commitments — Relevant market — […]

2019:283 Powszechny Zakład Ubezpieczeń na Życie S.A. v Prezes Urzędu Ochrony Konkurencji i Konsumentów

Court Court of Justice Date of ruling 3 April 2019 Case name (short version) Powszechny Zakład Ubezpieczeń na Życie S.A. v Prezes Urzędu Ochrony Konkurencji i Konsumentów Case Citation Case C-617/17 ECLI:EU:C:2019:283 Key words Reference for a preliminary ruling — Competition — Article 82 EC — Abuse of a dominant position — Regulation (EC) No 1/2003 — Article 3(1) — […]

2019:232 Qualcomm and Qualcomm Europe v Commission

Court General Court Date of ruling 9 April 2019 Case name (short version) Qualcomm and Qualcomm Europe v Commission Case Citation T-371/17 ECLI:EU:T:2019:232 Key words Competition — Market for baseband chipsets used in consumer electronic devices — Administrative procedure — Article 18(3) and Article 24(1)(d) of Regulation (EC) No 1/2003 — Decision requesting information — Obligation to state reasons — […]

Two hats on one head: Competition authorities and FDI screening

The Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and became fully operational on 11 October 2020. Its adoption was preceded by the heated discussion on the need to reform the EU merger control framework, which according to some stakeholders, should be able […]

Epic v Apple (2): market power and foreclosure in the app distribution market(s)

Epic, Fortnite, Apple, battle royale, competition law, antitrust, district court, monopolization, monopoly, essential facilities, refusal to supply, tying, abuse of dominance
Epic’s battle against Apple has been extensively covered in media in the past month. This attention is undoubtedly due to Epic’s explicit move against Apple’s terms and conditions as well as Apple’s fierce reaction to cut all ties with Epic. Epic’s legal dispute is, however, not only against Apple but also against Google who has removed Epic from its Play […]

Epic v Apple (1): introducing antitrust’s latest Big Tech battle royale

Epic, Fortnite, Apple, battle royale, competition law, antitrust, district court, monopolization, monopoly, essential facilities, refusal to supply, tying, abuse of dominance
Mid-August 2020, a series of events unfolded in a short period of time. They may prove a watershed moment for the role of antitrust in regulating digital markets. It started when gamers playing Fortnite on their iPhone were suddenly faced with a new choice screen when buying in-app currency: What changed is that Epic, the developer of Fortnite, introduced an […]

Slack v. Microsoft – more than just another tying case

The recent wave of claims against digital giants appears to have completed a circle with Slack’s recent claim against Microsoft for allegedly abusing its dominant position by tying Microsoft Teams to the Office 365 software package. One cannot deny the resemblance between this claim and the previous tying cases Microsoft had faced, however, upon closer look Slack’s claim is much […]

Hitting the mark or setting the bar too high? The “merger gap” and prospective analysis in the aftermath of CK Hutchison/Telefónica

connections
by Miguel Marques de Carvalho and Virgílio Pereira On 28 may 2020, the General Court (“GC”) handed down a landmark judgment whereby it overturned the European Commission’s (“Commission”) decision which had prohibited the four-to-three acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). This blogpost provides an overview  of the main points raised by the ruling and offers some […]

Re-imagining the Abuse of Economic Dependence in a Digital World

Mobile apps image
As proven by the recent consultation on the Digital Services Act, the European Union is actively pursuing new solutions to cope with the challenges posed by digitalization. This post proposes a new approach to conducts taking place in the context of online commercial relationships, such as refusals to access platforms or datasets. Namely, it suggests that the European legislator should […]

Covid-19 and the transformative power of State Aid: a framework for a democratically legitimate recovery

corona virus
By Julian Nowag and Marios Iacovides The coronavirus pandemic has led to major shocks to the global economy and the EU Member States, with hardly any State spared. The European Commission estimates that the EU economy will contract by 7.5 % in 2020. Unemployment is forecast to rise from 6.7% in 2019 to 9% in 2020. Within this context, the […]

Amazon/Deliveroo: Dynamic Counterfactual Analysis and the Failing-Firm Defence

Amazon logo
The economic and financial impact of the Covid-19 pandemic foreshadows an increase in the number of deals where the so-called “failing-firm defence” (“FFD”) might come under discussion, as recently demonstrated by the provisional clearance of Amazon’s investment in Deliveroo by the Competition and Markets Authority (“CMA”). This blogpost addresses the interplay between the FFD and dynamic counterfactual analysis, in light of the […]

Restrictions of competition by object and multi-sided platforms – insights from Budapest Bank

credit card swiping
The judgment of the CJEU in Budapest Bank (Case C-228/18) is the most recent case that provides guidance with regard to the application of art. 101 TFEU in the context of multi-sided platforms. The CJEU explicitly confirmed the possibility of finding restrictions of competition by object by such players despite the complexities originating from their multi-sided nature. However, the manner in which […]

Venture capital and antitrust: on exit strategies, killer acquisitions, and innovation harms

Venture capital (VC) is the primary source of financing for early-stage startups bringing their innovation to market. And a disproportionate amount of venture capital goes to startups in the tech sector. However, the last few years have seen a contraction in VC investment, particularly in potential competitors to incumbent digital platforms such as Facebook, Google and Amazon, which some interpret as […]

EURIBOR Cartel: Features of Collusion and Detection of Cartel

A colleague of mine (kudos for you know who you are) once told me that in his competition law class he has a part called “how to make a good cartel?” A thought-provoking academic exercise in many aspects, indeed. When analyzing cartels in the financial sector this popped in mind to raise other questions – how participants in cartels in […]

Otis II: A lost opportunity to clear the mist

Picture of Elevator
In Otis II, the Court of Justice of the European Union (‘Court’) reaffirms that any party can claim damages for loss caused by an EU competition law infringement. More specifically, persons not active on the market affected by a cartel, but who provide subsidies to buyers of the products offered on that market, must be able to claim damages for […]

Corona and EU economic law: State aid

By Wouter Devroe and Joris Gruyters The COVID-19 crisis calls for urgent State action. Member States are adopting various measures to compensate for losses suffered by the outbreak of the virus, such as compensation for temporary closure of businesses (e.g. shops, catering and hotels), introduction of State guarantees, or temporary relief of tax or social security payments. Ever more undertakings […]

Corona and EU economic law: Antitrust (Articles 101 and 102 TFEU)

By Friso Bostoen and Liesbet Van Acker As the corona pandemic instils more and more fear in the population, some of its economic effects are immediately noticeable. Two items—hand sanitizer and facemasks—have been in particularly high demand (and short supply). This has driven prices up to a level where one may wonder whether they are abusive in the sense of […]

Corona and EU economic law: Public procurement in times of (extreme) urgency

Face Masks_Corona_Public Procurement
At the beginning of March, Belgian government officials realized that normal procedures would no longer guarantee the required supply of medical masks to face the COVID-19 epidemic—a problem faced by many countries globally. Additional initiatives by the European Commission would only remedy shortages by April at the earliest. A member of the Belgian parliament therefore personally contacted a Turkish producer […]

Corona and EU economic law: Free movement of goods

Corona and Antitrust Law
By Wouter Devroe & Nina Colpaert COVID-19 is not only stress-testing our competition laws but also the free movement provisions in the TFEU. Can individual Member States, without consulting other Member States or the European Commission, simply ban the export of medicines or face masks? Can they order shops to close? Can they impose maximum prices for protective medical equipment? […]

Reverse payment settlements in the European Union after the Generics (UK) judgment – perplexing legal uncertainty

On January 30th, the Court of Justice (“the Court”) released its judgment in the Generics (UK) case. In a preliminary ruling procedure, the UK Competition Appeal Tribunal asked the Court to provide guidance on how to interpret Article 101 TFEU with regard to patent settlements between pharmaceutical companies. The judgment has considerable legal significance as it represents the very first […]

The Intermarché-Coca Cola dispute: Who’s the bad guy? An analysis of the retail distributor-supplier relationship

If you want to buy Coca Cola products in the supermarket Intermarché in France, you will arrive home empty-handed. Since the end of December, Coca Cola has refused to refill Intermarché’s stock, following a conflict about Intermarché’s unwillingness to sell the whole assortment of Coca Cola’s products. In the summer, Intermarché communicated to Coca Cola that it would like to […]

The antitrust books you should’ve read in 2019 [part 2]

In a CoRe Blog post earlier this month, I introduced the first three ‘antitrust books you should’ve read in 2019’. In this post, I take a look at the next and final three books. Completing the list involved a tiny bit of cheating (including a book that was published in 2018 and another one that doesn’t strictly concern antitrust), but I guarantee that none […]

The antitrust books you should’ve read in 2019 [part 1]

While the past year may not have been spectacular on all fronts, it was a very good one when it came to the publication of antitrust books. New editions of authoritative textbooks were published, including the 7th edition of Jones & Sufrin (the 9th edition of Whish & Bailey was released in 2018). New entrants also dared challenge the incumbents: Lianos, Korah & Siciliani released their own competition […]

2019:23 Eco-Bat Technologies Ltd and Others v European Commission

Court Court of Justice Date of ruling 16 January 2019 Case name (short version) Eco-Bat Technologies Ltd and Others v European Commission Case Citation C-312/18 P ECLI:EU:C:2019:23 Key words Appeal — Agreements, decisions and concerted practices — Market for car battery recycling — Decision finding an infringement of Article 101 TFEU and imposing fines — Correcting decision adding the value […]

Lessons and questions from Google Android- Part 2 – Tying in two-sided markets, anti-competitive effects and extra-territorial remedies

Android with cookies
The very lengthy and complex Google Android decision provides us with lots of material for discussion. In the first part of this discussion the matter of the definition of the relevant market was addressed. Although it may appear that this is the only key issue in the case, the decision covers several other issues, which deserve equal (if not more) attention. […]

Amazon cases on the move: Bundeskartellamt closes proceedings while European Commission opens formal investigation

online shopping cartoon
The 17th of July has been quite the day for Amazon, at least when it comes to antitrust. Firstly, the German Competition Authority (Bundeskartellamt) has closed its abuse of dominance proceedings against Amazon in return for concessions from the online marketplace. Secondly, the European Commission announced that it was opening a formal investigation into possible anti-competitive conduct by Amazon. This blog post takes a closer […]

Abuse of relative dominance in the platform economy: a French court finds Amazon’s contracts with third-party sellers significantly imbalanced

Two years ago (before Amazon became entangled in a patchwork of investigations by competition authorities), Reuters reported: ‘France files complaint against Amazon for abuse of dominant position’. The news report did not garner a lot of attention. More surprisingly, neither did the recent judgment of the Paris Commercial Court on the complaint. As the judgment offers insight into several pressing questions presented by platform competition […]

2018:904 Groupe Canal + v European Commission

Court General Court Date of ruling 12 December 2018 Case name (short version) Groupe Canal + v European Commission Case Citation T-873/16 ECIL:EU:T:2018:904 Key words Competition — Agreements, decisions and concerted practices — Television distribution — Decision making commitments binding — Territorial exclusivity — Preliminary evaluation — Effect on the contractual rights of third parties — Proportionality Basic context Application […]

2018:59 Panalpina World Transport (Holding) and Others v Commission

Court Court of Justice Date of ruling 9 March 2018 Case name (short version) Panalpina World Transport (Holding) and Others v Commission Case Citation C-271/16 P ECLI:EU:C:2018:59 Key words Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFUE — Price fixing — International air freight forwarding services — Tariff agreement affecting the final price of services […]

Lessons and questions from Google Android- Part 1 – the market definition

Two Androids
On the 19th of September the Google decision was finally made public after a long waiting period, which in hindsight may seem less surprising given its length (327 pages!) and extensive scope of analysis. As in the case of Microsoft, the decision provides us with lots of material for discussion. The decision covers the market definition as well as the […]

Competition law and public procurement – an easy catch for competition enforcers?

If you ask what the common recent trends are among EU Member States in competition law enforcement, the answer surprisingly (or not) would be related not to digital economies but to public procurement. Lately national competition authorities had quite a fruitful harvest investigating competition law infringements in public procurement markets. Among them are, for example, the French, Italian, Dutch, Hellenic, […]

Are You Joining Us? 24 Oct 2019, Conference in Brussels: Dynamic Competition in Dynamic Markets

CoRe is partnering up with our friends from across the Atlantic – Competition Policy International (CPI) – for the 1-day conference Dynamic Competition in Dynamic Markets: A Path Forward. You can attend for free but you have to register first. The event is on 24 October 2019, at The Hotel in Brussels. Last seats available so be quick – we’re closing registration soon […]

‘We have reached “peak cloning” in Silicon Valley’: when does copying your competitor’s product become anticompetitive?

same sneakers with different price
‘We have reached “peak cloning” in Silicon Valley’, read a recent tweet by Jeff Morris Jr. (Tinder’s director of product). ‘There are no rules anymore’, the author continued, ‘if you build a product that works, Amazon or Facebook will copy it.’ The tweet was prompted by the apparent copying by Amazon of Allbirds. Allbirds is a brand famous for its merino wool […]

Crossroads in EU Competition Law: green light or stop sign for non-economic goals?

On the 6th of September, Reuters broke the news that the U.S. Department of Justice launched an antitrust investigation in the voluntary agreements on emission standards between four automakers and the State of California. This probe should be viewed in the light of a larger bureaucratic conflict. As part of its general deregulatory program, the Trump Administration is planning to roll back the heightened […]

Ex-ante competition law enforcement and online platforms – a tool with no (clear) instructions

woodworking tools
The interest of national competition authorities in the matter of online platforms and competition law is becoming increasingly visible. In the case of the Dutch competition authority this growing interest has recently resulted in a call for introducing ex-ante enforcement tools in the context of online platforms. Although the idea may indeed be constructive for the adaption of the current […]

2019:235 Eco-Bat Technologies Ltd and Others v European Commission

car battery, recycle sign
  Court Court of Justice Date of ruling 21 March 2019 Case name (short version) Eco-Bat Technologies Ltd and Others v European Commission Case Citation C-312/18 P ECLI:EU:C:2019:235 Key words Appeal — Agreements, decisions and concerted practices — Market for car battery recycling — Decision finding an infringement of Article 101 TFEU and imposing fines — Correcting decision adding the […]

Is there hope for competition in the rail sector?

The blocking of the Siemens-Alstom merger reminded everyone of the ‘pros and cons’ arguments in the debate on the liberalisation and competition in network industries. Despite the EU actions to liberalise rail markets and open them to competition, the issues relevant to incumbents who own both the rail infrastructure and freight operations are still at present. Several years ago the Commission imposed […]

Audit and consulting services sector to face ‘unbundling’ by competition laws?

office table, laptops, papers
Lately in Europe, international accounting and consulting firms have been facing a number of legal issues due to infringements of audit, finance and competition laws. After a market study, the UK’s Competition and Markets Authority (CMA) has published proposals for improvements in the auditing sector; among them, legislative amendments to split up auditing from consulting services. This ‘unbundling’ of activities will […]

The return of the MFN clauses – platform ranking as an enforcement mechanism for price parity

The MFN cases of the past few years have delivered a series of uncoordinated cases that created a fragmented approach towards MFN clauses. Nowadays it would appear that there is a growing consensus in Europe that wide MFN clauses should be prohibited which, also led major platform like Expedia to abandon these pricing strategies. The recent claim put forward by […]

2018:773 Infineon Technologies AG v European Commission

  Court Court of Justice Date of ruling 26 September 2018 Case name (short version) Infineon Technologies AG v European Commission Case Citation C-99/ 17 P ECLI:EU:C:2018:773 Key words Appeal — Agreements, decisions and concerted practices — European market for smart card chips — Network of bilateral contacts — Exchanges of commercially sensitive information — Challenge of the authenticity of […]

U.S. antitrust agencies divide jurisdiction over Big Tech and single out Google for investigation

Last year, I wrote about how the United States considers boarding the tech regulation train that has been racing through Europe. It seems that they have now taken another decisive step in that direction: the U.S. antitrust agencies have agreed that the Department of Justice (DOJ) will oversee investigations of Google and Apple, while the Federal Trade Commission (FTC) is responsible for antitrust […]

Collusive conduct in financial instruments trading: a look at the issues of dealing via chatrooms

Following the benchmark currency rate manipulation scandal, the banking sector has had no chance to restore their reputation. Lately, major EU banks have been having competition law issues because of their traders’ collusive behaviour in the bond and global foreign exchange (FX) markets. Two Statements of Objections concerning bond cartels and collusive conduct by certain traders have been issued recently […]

CoRe Podcast – Online Platforms: Competition Law & Regulation

The European Competition and Regulatory Law Review presents its first podcast with speakers from the symposium “Transparency and Non-Discrimination Requirements for Online Platforms” (6 Jun 2019, Brussels). Listen to the podcast here. Are you interested in online platforms, competition law and regulation, and would like to learn more? If yes, our Symposium “Transparency and Non-Discrimination Requirements for Online Platforms: Competition Law & […]

App stores and (potential) abuses of dominance – an opportunity to reshape competition law enforcement in digital markets

smartphone menu
During the past few weeks the number of complaints against Apple’s practices concerning the App Store has not gone unnoticed. While previous complaints by unhappy developers were perceived as isolated cases it would seem that now the flood gates have been opened, and the stream is primarily targeting Apple. In Europe, this development has been given quite some media coverage […]

Are settlement proceedings the poor relation of EU antitrust policy?

calculator
Leniency and settlement policies are crucial antitrust enforcement tools. They reward defendants’ cooperation and seek to reinforce effectiveness in law enforcement by replacing a non-cooperative equilibrium with a more cooperative dynamic between defendants and competition enforcers. As recently acknowledged by the OECD, settlements are picking up, and becoming an essential aspect of antitrust enforcement. Accordingly, a significant challenge of every leniency […]

Interview with the new CoRe Blog editor Rita Griguolaite

We are very happy to welcome you to the editorial team of the CoRe Blog. What motivated you to take on the position? I have been following the CoRe Blog from the moment of its launch and witnessed its blossoming among the other blogs in the field. The most exciting aspect of joining the editorial team is a possibility to […]

2018:373 Agria Polsk sp. z o.o. and Others v European Commission

crop field with combines
  Court Court of Justice Date of ruling 20 September 2018 Case name (short version) Agria Polska sp. z o.o. and Others v European Commission Case Citation C-373/17 P ECLI:EU:C:2018:756 Key words Appeal — Competition — Rejection of a complaint by the European Commission — Lack of Union interest Basic context By their appeal, Agria Polska sp. z o.o., Agria […]

2018:58 Schenker Ltd v European Commission

  Court Court of Justice Date of ruling 9 March 2018 Case name (short version) Schenker Ltd v European Commission Case Citation C-263/16 P ECLI:EU:C:2018:58 Key words Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Price fixing — International air freight forwarding services — Pricing agreement affecting the final price of the services Basic context By its appeal, Schenker Ltd (‘Schenker […]

2018:60 Deutsche Bahn and Others v Commission

Court Court of Justice Date of ruling 1 February 2018 Case name (short version) Deutsche Bahn and Others v Commission Case Citation C-264/16 P ECLI:EU:C:2018:60 Key words Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Price fixing — International air freight forwarding services — Pricing agreement affecting the final price of the services Basic context By their appeal, Deutsche Bahn AG, Schenker […]

Spotify lodges antitrust complaint against Apple: it’s ‘time to play fair’ in the music streaming industry

On March 13th, Spotify filed a formal antitrust complaint against Apple with the European Commission (EC). In the complaint, Spotify alleges that Apple has been using its App Store to impede Spotify’s competitive potential to the advantage of Apple Music—its biggest competitor in the music streaming business. In what follows, I quickly examine the contentious history between Spotify and Apple before surveying […]

Interview with Werner Stengg, Head of Unit E-Commerce and Platforms, DG CNECT

Lexxion. What do you advise companies to focus on in the period before the new Regulation comes into force? What should be at the top of their preparation to-do list? Werner Stengg – First, on timing: the Regulation will enter into force around summer 2019; companies (and MS) will then have 12 months to adapt their operations. The two main things […]

2018:590 Orange Polska v Commission

  Court Court of Justice Date of ruling 25 July 2018 Case name (short version) Orange Polska v Commission Case Citation C-123/16 P ECLI:EU:C:2018: 590 Key words Appeal — Competition — Article 102 TFEU — Abuse of dominant position — Polish wholesale market for fixed broadband internet access — Refusal to give access to the network and to supply wholesale […]

2018:270 MEO – Serviços de Comuniçações e Multimédia SA v Autoridade da Concorrência

old phone
  Court Court of Justice Date of ruling 19 April 2018 Case name (short version) MEO – Serviços de Comuniçações e Multimédia SA v Autoridade da Concorrência Case Citation C-525/16 ECLI:EU:C:2018:270 Key words Reference for a preliminary ruling — Competition — Abuse of dominant position — Subparagraph (c) of the second paragraph of Article 102 TFEU — Concept of ‘competitive […]

2017:753 Marine Harvest ASA v Commission

  Court General Court Date of ruling 24 November 2017 Case name (short version) Marine Harvest ASA v Commission Case Citation Case T-704/14 ECLI:EU:T:2017:753 Key words Appeal — Competition — Concentrations — Decision imposing a fine for putting into effect a concentration prior to its notification and authorisation — Article 4(1), Article 7(1) and (2) and Article 14 of Regulation (EC) No […]

The principle of personal liability in the context of private enforcement: is there anything new under the sun?

On March 14th, the Court of Justice of the European Union (CJEU) issued a ruling on a private enforcement case and lifted the veil of some of the unsettled and non-harmonised issues the Damages Directive failed to tackle. They can be shortly summarised in the following questions: who should be liable for antitrust damages and how can such liability be effectively enforced? On February […]

CoRe Issue 1/2019 is out now!

Issue 1/2019 of the European Competition and Regulatory Law Review (CoRe) is now available! It offers the classic ‘CoRe mix’ of competition and regulatory topics like: the incentives, mechanisms and stability of hub and spoke cartels, the challenges for the operators of the EU regulatory framework on mobile roaming charges, and the implementation of the EU energy and competition law […]

Business users vs. platforms – a (not entirely) new battle frontier

The recent complaint of Spotify against Apple is yet another case concerning the contractual relationship between online platforms and their business users that appear to arise quite often these days. In the context of these cases the business users of online platforms claim to be subject to undesired practices such discriminatory treatment and unreasonable pricing. The essence of most of these complaints […]

CoRe Symposium on the 6th of June 2019 in Brussels

We kindly invite you to our symposium “Transparency and Non-Discrimination Requirements for Online Platforms: Competition Law & Regulation” which will take place on the 6th of June 2019, in Brussels. The event is organized by Lexxion Publisher in cooperation with Shepard Mullin. During this symposium, leading experts from the European Commission, national competition authorities and regulators, industry, private practice and academia will discuss the […]

Minority acquisition headed for first prohibition in Norway

By Marianne Henne Møller and Simen Klevstrand, Haavind (Norway) The Norwegian Competition Authority (the “NCA”) has warned Sector Alarm Group AS that its acquisition of a non-controlling stake in a competitor may be blocked. Unless the parties are able to resolve the NCA’s concerns by 29 March, they face the first prohibition of a minority acquisition under Norway’s 2004 Competition […]

When competition law met data protection: the Bundeskartellamt’s Facebook decision

On February 6th, the German Competition Authority (Bundeskartellamt or BKA) adopted its long-awaited Facebook decision, imposing far-reaching restrictions on how the social network can collect and process user data. This decision follows a preliminary assessment that the BKA published in December 2017, which this blog discussed at length. The BKA’s decision—as set out in a case summary and background paper—sticks closely to its preliminary assessment. In this blog post, […]

2017:643 Austria Asphalt GmbH & Co OG v Bundeskartellanwalt

  Court Court of Justice Date of ruling 7 September 2017 Case name (short version) Austria Asphalt GmbH & Co OG v Bundeskartellanwalt Case Citation ECLI:EU:C:2017:643 C-248/16 Key words Reference for a preliminary ruling — Competition — Concentrations between undertakings — Regulation (EC) No 139/2004 — Article 3(1)(b) and (4) — Scope — Definition of ‘concentration’ — Change in the […]

2017:1008 Trioplast Industrier v Commission

  Court Court of Justice Date of ruling 20 December 2017 Case name (short version) Trioplast Industrier v Commission Case Citation ECLI:EU:C:2017:1008 C-364/16 P Key words Appeal — Agreements, decisions and concerted practices — Market in industrial plastic bags — Formal notice from the European Commission to the appellant for the payment of default interest on the amount of the […]

2018:371 Ernst & Young v Konkurrenceradet

Court Court of Justice Date of ruling 31 May 2018 Case name (short version) Ernst & Young P/S v Konkurrenceradet Case Citation C-633/16 ECLI:EU:C:2018:371 Key words Reference for a preliminary ruling — Control of concentrations of undertakings — Regulation (EC) No 139/2004 — Article 7(1) — Implementation of a concentration prior to notification to the European Commission and declaration of […]

2018:854 Apple Sales International and Others MJA

  Court Court of Justice Date of ruling 24 October 2018 Case name (short version) Apple Sales International and Others MJA Case Citation ECLI:EU:C:2018:854 C-595/17 Key words Reference for a preliminary ruling — Area of freedom, security and justice — Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Article 23 — Jurisdiction clause in a distribution […]

The Siemens-Alstom merger-thriller – indicator of a new era for European champions?

The proposed Siemens-Alstom merger (Case M.8677) has kept many parties on their toes since it was notified in June 2018, from the parties themselves to the EU Commission and even to national governments. With the recent remedies offered by the parties to secure clearance of the merger allegedly unofficially rejected today, there is little hope left the merger will go through now. […]

Abuse of dominance through data overcharges and EU competition law enforcement

The past year the EU commission and numerous competition authorities have addressed the matter of applying competition law to online platforms. The discussions concerning Facebook and Amazon have even touched upon the difficult relation between data and competition law. Despite the many debates concerning the application of competition law in digital markets, little attestation was given to the calculation of fines and damages […]

It’s raining Amazon probes: the Bundeskartellamt joins the Commission in investigating the tech giant’s marketplace practices

The investigation On 29 November 2018, the German competition authority (Bundeskartellamt) announced an investigation into Amazon’s business terms and practices on its German marketplace. The Bundeskartellamt’s president commented: Amazon is the largest online retailer and operates by far the largest online marketplace in Germany. Many retailers and manufacturers depend on the reach of Amazon’s marketplace for their online sales. Amazon functions as […]

Claims for compensation for damages caused by anticompetitive conduct: jurisdiction questions

Recently the Court of Justice of the European Union (the CJEU or the Court) issued the preliminary ruling on application of Brussels I Regulation in competition damages actions. The ruling provides guidance on the application and interpretation of special jurisdiction clauses, with a focus on Art 5(3) of the Brussels I Regulation. One of the main aspects of the ruling is the […]

Now available Issue 4/2018 – The Diverse World of EU Competition Law

The diversity of topics in the final edition of the European Competition and Regulatory Law Review (CoRe) for 2018 is representative of the wide-ranging issues in the world of EU competition law over the past year. In CoRe 4/2018 you can find articles on: the SSNIP Test and Zero-Pricing where Daniel Mandrescu examines the complexities of defining the relevant market in (future) cases involving online […]

Apple’s App Store commission fee and (anti-competitive) governance: when a platform’s zero-pricing strategy becomes expensive

These days Apple is at the Supreme Court trying to defend its pricing scheme for the App Store, which is currently under fire for being potentially abusive with respect consumers that end up paying perhaps quite a bit more for their apps than they should. Although it is uncertain whether the claimants will be allowed to proceed with the claim, […]

The Karstadt – Kaufhof merger decided

The Bundeskartellamt started investigations into the merger between big retail store chains Karstadt and Kaufhof just in October and announced the investigations were expected to be complicated and long. Given the parties’ arguments in favour of the merger as counter-measure to pressures from online retail, we suspected here that this merger might turn out the perfect opportunity for the authority to position […]

Challenges to Antitrust in a Changing Economy [conference report]

On November 9th, CPI and CCIA organized a conference on the topic of ‘Challenges to Antitrust in a Changing Economy’ at Harvard Law School. In the style of our previous conference recap on this blog, this post covers some of the salient issues discussed during the conference for those who could not make it (or want to relive it). Panel 1: Measuring Concentration Bruce […]

Recap of the 2nd CoRe conference, 24 Oct. 2018

Last week CoRe, CCIA and the VUB held their second (fully booked!) conference about the challenges of competition law policy in digital markets. During the conference some of the hottest cases and questions with regard to competition policy in digital markets were discussed by experts from practice and academia. This post brings you some of the key issues that were […]

The BritNed v ABB Case: private enforcement pur sang

Private enforcement of competition law, particularly with regard to cartel damages claims, has been a highly debated topic since the seminal ECJ decision Courage v Crehan in 2001 (e.g. here and here). Together with the Netherlands and Germany, the UK is traditionally put forward as one of the main fora to introduce a damages action based on a competition law infringement. However, it was only […]

The Karstadt – Kaufhof merger

The two big department store chains’ plans to merge have gone through quite a bit of up-and-down over the summer. The potential merger had been criticised for several reasons, such as job losses or pay cuts for employees. While it first seemed that the merger would fall through, mainly because of financial issues the Kaufhof owner, Hudson’s Bay Company, experienced, the banks and companies gave […]

Now available – Issue 3/2018 of the European Competition and Regulatory Law Review (CoRe)!

The Online World and Its Challenges to Competition and Regulatory Frameworks is the focus of the new issue 3/2018 of the European Competition and Regulatory Law Review (CoRe). This special issue, developed together with the European University Institute (EUI), offers insightful articles on topics such as: the paradox of discretionary competition law, updating the ECN for the challenges of the online world, and […]

CoRe Conference on 24 October in Brussels

Competition Law and Policy in Digital Markets – Conference on 24 October in Brussels Discuss crucial developments of competition policy in the digital economy – the Google Android case, e-commerce and vertical restraints, algorithms and big data as well as the nexus between data protection and competition law. Keynote speakers are William E. Kovacic & Jacques Steenbergen. More information on […]

The Commission’s Amazon probe: overcoming the antitrust paradox

In a press conference on September 19th, EU Commissioner for Competition Margrethe Vestager announced a preliminary investigation into Amazon. At the heart of the potentially abusive conduct is Amazon’s ‘dual role’. One the one hand, Amazon offers a marketplace for third-party sellers to offer their products to consumers. On the other hand, Amazon offers its own products through its marketplace. The Commission’s […]

Market definition for two-(or multi) sided platforms – demand interdependence and substitution as guiding principles

blackboard whit charts
The past year has led to a lot of discussion on the relation between competition law and (online) platforms and a lot of disagreement on how competition law should apply in such cases as displayed by comments on the major cases of Amex and Google. Unsurprisingly, one of the most contentious aspects of these cases was the market definition. It […]

New momentum for abandoning the 50+1 rule of the German Bundesliga?

Have you recovered from the World Cup yet? Whether or not, it is now time to focus on the national football leagues again and support the football club of your choice (for better or worse). With regard to the German Bundesliga, the old issue of club-ownership has come back into focus over the summer when the Deutsche Fußball Liga (‘DFL’ […]

The United States considers boarding the tech regulation train

On August 24th, the US Federal Trade Commission (FTC) announced the opening session of its Hearings on Competition and Consumer Protection in the 21st Century. Starting in September, these hearings will ‘examine whether broad-based changes in the economy […] require adjustments to competition and consumer protection enforcement priorities of the Commission’. A focus on new technologies is readily apparent, as […]

Cartel deterrence through cartel enforcement – a discussion of recent research

With the buzz surrounding the EU Commission’s recent Android decision (read about our take on it here) still very much ongoing, we will turn our focus to something a little different this week. This post discusses a recently published article ‘Does enforcement deter cartels? A tale of two tails’ by Iwan Bos, Stephen Davies, Joseph E. Harrington Jr, and Peter […]

Price monitoring software and competition – new possibilities for RPM in absence of sufficient deterrence

Shortly after the dropping the A-bomb on Google for its alleged tying practices, the Commission imposed fines of over €111 million on Asus, Denon & Marantz, Philips and Pioneer for fixing the minimum resale prices of their online retailers. This recent case shows that the Commission is serious about taking on competition law infringements in the online sphere, however, it […]

2018-60 Deutsche Bahn and Others v Commission

Court Court of Justice Date of ruling 1 February 2018 Case name (short version) Deutsche Bahn and Others v Commission Case Citation C-264/16 P ECLI:EU:C:2018:60 Key words Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Price fixing — International air freight forwarding services — Pricing agreement affecting the final price of the services Basic context By their appeal, Deutsche Bahn AG, Schenker […]

The Commission’s Android decision: Google cements its dominance in search… to the benefit of consumers?

Last week’s Commission decision on Google’s Android operating system made for great headlines. On top of the eye-watering fine of €4.3 billion, it even had the dubious honour of eliciting a presidential tweet. It was the kind of decision that sparked extensive papers long before its adoption, and a barrage of commentary immediately afterwards. Now that the dust has settled, […]

Tales of two-sided markets, market definitions and anti-competitive effects – insights from Ohio v. American Express

  The case of Ohio v. Amex is the final phase of a long legal battle that started back in 2010 where Amex was accused of infringing section 1 of the Sherman Act for imposing its anti-steering provisions on merchants accepting Amex. While not delivering on all fronts, the case of Amex is an important one in the context of […]

Now available – Issue 2/2018 of the European Competition and Regulatory Law Review (CoRe)!

Scope of Antitrust and Assessment of the EU Regulatory Framework In the articles section of our new issue CoRe 2/2018 you will find a comparative analysis of the scope of antitrust law in South Korea, EU and US, a comprehensive assessment of the EU regulatory framework for access to the postal network and a critical view of the EU’s approach […]

Webtaxi: The Luxembourg Competition Authority exempts an algorithmic price-fixing arrangement on efficiency grounds

With the increasing digitalization of economy, algorithms are more and more often relied on by businesses in their economic activities for many purposes including setting prices. Competition authorities have concerns that the use of algorithmic pricing may result in undertakings coordinating their pricing policies to the detriment of competition (see here, here and here). The decision recently handed down by […]

The German cement cartel – a landmark decision for private damages actions

The German cement cartel has been occupying German courts of all levels for some time. From the feasibility of the assignment of claims to a third party (see here), or a reduction of fines by nearly 50% by the Higher Regional Court Düsseldorf (OLG Düsseldorf; in German see here) to the recent decision of the Federal Court of Justice (Bundesgerichtshof […]

The AT&T-Time Warner decision and its implications for vertical merger enforcement in the U.S.

Last week’s big antitrust news came from the other side of the Atlantic. On June 12th, judge Leon from the District Court of Columbia gave the AT&T-Time Warner (TW) merger the go-ahead by rejecting the government’s case against it. The proceedings leading up to the decision were contentious, as the judge stressed in the opening paragraph of his opinion: If […]

When Algorithmic Pricing meets Concerted Practices- the case of Partneo

Algorithmic collusion, algorithmic cartels, AI price fixing cartels and many other pseudo computer science themes have become a source of great interest for competition law authorities, practitioners and academics. The allure of these topics is understandable; the idea that cartels can come into existence without human intervention is a fascinating matter despite the fact that fully automated (not to mention […]

The Commission’s Gazprom decision – an environmentally relevant demonstration of the Commission’s power

Competition Commissioner Margrethe Vestager is making a name for herself as the Commissioner who really takes on the ‘big whales’ of international corporations and holds them accountable to EU competition law. After the Commission took on international tech giants like Google and Facebook under Vestager’s stewardship, the Russian energy giant Gazprom has now been added as the latest feather in […]

The Commission proposes a Regulation on platform-to-business trading practices

On 26 April 2018, the European Commission adopted its Proposal for a Regulation ‘on promoting fairness and transparency for business users of online intermediation services’. In short, the proposal seeks to regulate the relation between platforms and businesses by imposing a number of transparency obligations on the former. In this blog post, I will take a closer look at the […]

Online platforms and refusal to deal – Unlockd vs. Google – a seminal case in the making?

The recent standoff between advertisement application developer Unlockd and Google, concerning the removal of Unlockd from the Google Play Store and AdMob marketplace, may turn out to be one of the most important competition law cases of the year. This case, which will likely require a competition law review of Google’s terms and conditions for these platforms, provides the opportunity […]

New Commission proposal for more whistleblower protection: more of the same for competition law?

In a press release of 23 April 2018, the EU Commission announced the proposal of a new Directive that is set to introduce new, EU-wide rules for the better protection of whistleblowers. The press release underlines the importance of whistleblowers in uncovering breaches of EU law, as demonstrated by recent scandals, such as Dieselgate, Panama Papers, or Cambridge Analytica. Without […]

Protecting David against Goliath: Commission’s Proposal against Unfair Trading Practices in the Food Supply Chain

In response to concerns over so-called unfair trading practices (UTPs) between businesses arising from significant imbalances of economic power, the European Commission has for years devoted much attention to the functioning of the food supply chain. Despite these efforts, actual enforcement actions and legislative developments unfolded predominantly on the Member State level. On April 12, however, the Commission may have […]

Price discrimination and abuse of dominance – MEO Case C-525/16

The recent case of MEO delivers a meaningful clarification concerning the importance of an effects analysis in the case of art. 102 (c) TFEU. While not providing an ultimate solution for all comparable future cases, the CJEU in this case clearly indicates that term ‘competitive disadvantage’ constitutes an independent element of art. 102 (c) TFEU that requires proof. Background to […]

Innovation in EU merger control

The Commission’s assessment of the effects of mergers on innovation has fascinated scholars and practitioners for the last two years or so. On 12 April 2018, the Commission’s Deputy Director General for Mergers Carles Esteva Mosso comprehensively addressed the issue at the Spring Meeting of the ABA Section of Antitrust Law. This blogpost traces earlier developments and gleans new insights […]

Fines and files – news of the German sausage cartel

The German ‘sausage cartel’ has truly turned into the gift that keeps on giving. However, while so far the gifts given were, with only one setback, rather in favour of the Bundeskartellamt (Federal Cartel Office) with high fines totalling EUR 338.5 million being imposed on members of the cartel, the latest developments seem like a welcome gift for the sausage […]

Latest Issue of the European Competition and Regulatory Law Review is out now!

Digital Economy and EU Competition Rules The CoRe Editorial Team is delighted to announce that issue 1/2018 of the European Competition and Regulatory Law Review (CoRe) is out now. The digital economy and its interplay with EU competition rules take centre stage in the Articles section of this edition. Read more about: the 2017 Facebook investigations in the EU by competition, […]

Announcement of Winner of CoRe Blog Competition

The CoRe Blog Team Congratulates Alexandru Sotropa To mark the occasion of our CoRe Blog Launch in March, we ran a social media competition offering the price of a special subscription to the quarterly journal CoRe – European Competition and Regulatory Law Review worth €205. We are delighted to announce the winner today: Alexandru Sotropa. Enjoy reading your free copies […]

Online platforms and abuse of dominance – the case of Funda Real Estate

The application of EU competition law to online platforms has been subject to much debate in the course of the past two years. The EU Commission and several national competition law authorities have launched multiple studies in order to identify the possible challenges in this context and establish an action plan. The distinguishing characteristics of online platforms including: the reliance […]

Vestager Picks CoRe Board Member for Special Adviser

Prof Heike Schweitzer Will Advise Commissioner on Future Challenges of Digitisation for Competition The European Commissioner for Competition, Margrethe Vestager gets top reinforcement in exploring how digitalisation is affecting the European market and how competition policy should respond to it. Last week she announced the appointment of the three Special Advisors – exceptional European experts in law, economics and technology […]

When the industry strikes back – UPS claims 1.7 billion Euro for the blocked merger with TNT

The recent fines imposed by the Commission on companies have made headlines quite a few times since the beginning of 2018. This growing press coverage is undeniably linked to size of the fines as well as the parties on whom these were imposed. However while the Commission was busy fining companies for their anticompetitive behavior, United Parcel Services (UPS) decided […]

2017-756 – KPN BV v European Commission

Court General Court Date of ruling 26 October 2017 Case name (short version) KPN BV v European Commission Case Citation T-394/15 P ECLI:EU:T:2017:756 Key words Competition — Concentrations — Netherlands market for television services and telecommunications services — Decision declaring the concentration compatible with the internal market and the EEA Agreement — Commitments — Duty to state reasons — Relevant […]

2017-47 Report – Hansa metallwerke AG and Others v European Commission

Court Court of Justice Date of ruling 26 January 2017 Case name (short version) Hansa Metallwerke AG and Others v European Commission Case Citation Case C-611/13 P ECLI:EU:C:2017:47 Key words Appeal — Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and […]

2017-716 Report – Ferriere Nord Spa v European Commission

Court Court of Justice Date of ruling 3 November 2017 Case name (short version) Ferriere Nord SpA v European Commission Case Citation Case C-88/15 P ECLI:EU:C:2017:716 Key words Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the […]

2017-713 Report – Riva Fire v Commission

  Court Court of Justice  Date of ruling  21 September 2017 Case name (short version) Riva Fire v Commission  Case citation Case C-89/15 P ECLI:EU:C:2017:713  Key words  Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General […]

The Uber-Grab merger and the potentially anti-competitive consequences of the battle for ride-hailing dominance

On March 26th, news broke that ride-hailing giant Uber agreed to sell its Southeast Asian operations to its local competitor Grab. The move may sound familiar, as Uber previously retreated from the Chinese market by selling its operations to Didi Chuxing. From a competition law perspective, these acquisitions raise questions of both merger control and restrictive agreements, which are explored […]

The EU Commission’s Qualcomm decision – does it take two to tango?

In its latest strike against anti-competitive behaviour in the tech industry, the EU Commission has fined the US chipset manufacturer Qualcomm over 997 million Euros for imposing an exclusive purchasing obligation on one of its major customers and preventing competitors’ access to the market for baseband chipsets. This blogpost gives a brief overview of the decision based on the Commission’s […]

Can consumers pay too much when they pay nothing? The Bundeskartellamt’s Facebook case

Can consumers pay too much when they pay nothing? The question might seem absurd, but a recent investigation by the Bundeskartellamt raises the question: it is accusing Facebook, which offers its services for free, of an infringement that looks a lot like excessive pricing. In this blog post, I unpack the Facebook case by explaining the social network’s business model, […]

The first judgement of 2018: Hoffman-La Roche v AGCM (Case C- 179/16) – a remarkable case for its unremarkable implications

It goes without saying that the name Hoffmann La-Roche serves as an indispensable reference case for most competition lawyers, making it a great case for the launch of a new competition law blog! Although this recent Hoffmann La-Roche case is not likely to become as unmissable a reference point as the ‘original’ Hoffman La-Roche case, it is nevertheless noteworthy. The […]

DICE Director Justus Haucap: “Consumers Paying with Data” Is a Bad Analogy

Interview at the Sidelines of CoRe’s Competition Law Conference ‘Does Competition Law Need an Update for Online Markets?’ In November 2017, the European Competition and Regulatory Law Review (CoRe), together with the Computer and Communications Industry Association (CCIA) and the Vrije Universiteit Brussel (VUB) hosted the competition law conference ‘Does Competition Law Need an Update for Online Markets? – Hot […]

2017-679 Report – LG Electronics v Commission

Court Court of Justice Date of ruling 14 September 2017 Case name (short version) LG Electronics v Commission Case Citation C-588/15 ECLI:EU:C:2017:679 Key words Appeal — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Agreements and concerted practices relating to prices, markets sharing, customer allocation and production limitation — […]

2017-597 Report – Persidera SpA v Autorità per le Garanzie nelle Comunicazioni

Court Court of Justice Date of ruling 26 July 2017 Case name (short version) Persidera SpA v Autorità per le Garanzie nelle Comunicazioni & Ministero dello Sviluppo Economico delle Infrastrutture e dei Trasporti Case Citation Case C-112/16 P ECLI:EU:C:2017:597 Key words Reference for a preliminary ruling — Electronic communications — Telecommunication services — Directives 2002/20/EC, 2002/21/EC and 2002/77/EC — Equal […]

2017-520 Report – Toshiba Corporation v European Commission

Court Court of Justice Date of ruling 6 July 2017 Case name (short version) Toshiba Corporation v European Commission Case Citation Case C-180/16 P ECLI:EU:C:2017:520 Key words Appeal — Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Decision taken by the European Commission following annulment in part of the initial decision by the […]

2017-314 Report – Akzo Nobel and Others v Commission

Court Court of Justice Date of ruling 27 April 2017 Case name (short version) Akzo Nobel and Others v Commission Case Citation Case C-516/15 P ECLI:EU:C:2017:314 Key words Appeal —Agreements, decisions and concerted practices — European markets in tin stabilisers and in ESBO/esters heat stabilisers — Price fixing, market allocation and exchange of commercially sensitive information — Whether the unlawful conduct of the subsidiaries may […]

2017-190 report – Samsung SID Co. Ltd and Samsung SDI (Malaysia) Bhd v European Commission

people looking at the laptop
  Court Court of Justice Date of ruling 9 March 2017 Case name (short version) Samsung SDI Co. Ltd and Samsung SDI (Malaysia) Bhd v European Commission Case Citation C-615/15 P ECLI:EU:C:2017:190 Key words Appeal — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Agreements and concerted practices on […]

Calendar year 2017

Judge gavel with law books
  Calendar year 2017 Systematic classification scheme Court of Justice General Court Modern reference system used[1] 1.01.02.00 General principles of law 679 1.01.02.01 Principle of equality and non-discrimination 520, 679 1.04.03.21 Non-discrimination 190 1.04.03.41 Right to good administration 679 3.04.02 Jurisdiction of the Court of Justice 597 3.10.06 Pleas in law 314, 520 4.08.00.06 Definition of undertaking 314, 679 4.08.01.01.01 […]
Anja Naumann

Blog Editor

Graduate Teaching Associate, Queen Mary University, London

>> Anja’s CoRe Blog posts >>

Daniel Mandrescu

Blog editor

Ph.D. Fellow, Europa Institute, Leiden University

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Friso Bostoen

Blog Editor

Ph.D. Researcher and Teaching Assistant, KU Leuven

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Picture Kiran Desai
Kiran Desai

Digest Editor

Partner, EU Competition Law Leader, EY Law, Brussels

>> Kiran’s CoRe Blog Case Digests >>

Picture Rita Paukste
Rita Paukste

Blog Editor

Senior Associate, Motieka & Audzevicius PLP, Vilnius

>> Rita’s CoRe Blog posts >>

2019:1134 Furukawa Electric v Commission

Court Court of Justice Date of ruling 19 December 2019 Case name (short version) Furukawa Electric v Commission Case Citation C- 589/18 P ECLI:EU:C:2019:1134 Key words Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — 2006 Guidelines on the method of […]

2019:1025 LS Cable & System v Commission

Court Court of Justice Date of ruling 28 November 2019 Case name (short version) LS Cable & System v Commission Case Citation Case C-596/18 P ECLI:EU:C:2019:1025 Key words Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — Burden of proof — […]

2019:966 Silec Cable and General Cable v Commission

Court Court of Justice Date of ruling 14 November 2019 Case name (short version) Silec Cable and General Cable v Commission Case Citation C-599/18 P ECLI:EU:C:2019:966 Key words Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Proof of the infringement — Presumption […]

2019:675 HSBC Holdings plc and Others v European Commission

Court General Court Date of ruling 24 September 2019 Case name (short version) HSBC Holdings plc and Others v European Commission Case Citation T-105/17 ECLI:EU:T:2019:675 Key words Competition — Agreements, decisions and concerted practices — Euro Interest Rate Derivatives sector — Decision establishing an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Manipulation of the […]

2019:633 FVE Holýšov I s. r. o. and Others v European Commission

Court General Court Date of ruling 20 September 2019 Case name (short version) FVE Holýšov I s. r. o. and Others v European Commission Case Citation T-217/17 ECLI:EU:T:2019:633 Key words State aid — Market for electricity generated from renewable sources — Measures setting a minimum purchase price for electricity generated from renewable energy sources or granting a bonus to producers […]

2019:532 Région Île-de-France v European Commission

Court General Court Date of ruling 12 July 2019 Case name (short version) Région Île-de-France v European Commission Case Citation T-292/17 ECLI:EU:T:2019:532 Key words State aid — Aid scheme implemented by France between 1994 and 2008 — Investment subsidies awarded by the Île-de-France Region — Decision declaring the aid scheme compatible with the internal market — Advantage — Selective nature […]

2019:522 Toshiba Samsung Storage Technology Corp. and Toshiba Samsung Storage Technology Korea Corp. v European Commission

Court General Court Date of ruling 12 July 2019 Case name (short version) Toshiba Samsung Storage Technology Corp. and Toshiba Samsung Storage Technology Korea Corp. v European Commission Case Citation T-8/16 ECLI:EU:T:2019:522 Key words Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of […]

2019:519 Quanta Storage, Inc. v European Commission

Court General Court Date of ruling 12 July 2019 Case name (short version) Quanta Storage, Inc. v European Commission Case Citation T-772/15 ECLI:EU:T:2019:519 Key words Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements relating to bidding […]

2019:517 Sony Optiarc, Inc and Sony Optiarc America, Inc v European Commission

Court General Court Date of ruling 12 July 2019 Case name (short version) Sony Optiarc, Inc and Sony Optiarc America, Inc v European Commission Case Citation T-763/15 ECLI:EU:T:2019:517 Key words Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — […]

2019:515 Sony Corporation and Sony Electronics, Inc v European Commission

Court General Court Date of ruling 12 July 2019 Case name (short version) Sony Corporation and Sony Electronics, Inc v European Commission Case Citation T-762/15 ECLI:EU:T:2019:515 Key words Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements […]

2019:514 Hitachi-LG Data Storage, Inc. and Hitachi-LG Data Storage Korea, Inc. v European Commission

Court General Court Date of ruling  12 July 2019 Case name (short version) Hitachi-LG Data Storage, Inc. and Hitachi-LG Data Storage Korea, Inc. v European Commission Case Citation  T-1/16 ECLI:EU:T:2019:514 Key words Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA […]

2019:498 Huhtamäki Oyj and Huhtamaki Flexible Packaging Germany GmbH & Co.KG v European Commission

Court General Court Date of ruling 11 July 2019 Case name (short version) Huhtamäki Oyj and Huhtamaki Flexible Packaging Germany GmbH & Co.KG v European Commission Case Citation T-530/15 ECLI:EU:T:2019:498 Key words Competition — Cartels — Retail food packaging market — Decision finding an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement — Evidence of […]

2019:356 Recylex SA and Others v European Commission

Court General Court Date of ruling 23 May 2019 Case name (short version) Recylex SA and Others v European Commission Case Citation T-222/17 ECLI:EU:T:2019:356 Key words Competition — Agreements, decisions and concerted practices — Market for lead-acid car battery recycling — Decision finding an infringement of Article 101 TFEU — Coordination of purchase prices — Fines — Point 26 of […]

2019:354 KPN BV v European Commission

Court General Court Date of ruling 23 May 2019 Case name (short version) KPN BV v European Commission Case Citation T-370/17 ECLI:EU:T:2019:354 Key words Competition — Concentrations — Netherlands market for television services and telecommunications services — Full-function joint venture — Decision declaring the concentration compatible with the internal market and the EEA Agreement — Commitments — Relevant market — […]

2019:283 Powszechny Zakład Ubezpieczeń na Życie S.A. v Prezes Urzędu Ochrony Konkurencji i Konsumentów

Court Court of Justice Date of ruling 3 April 2019 Case name (short version) Powszechny Zakład Ubezpieczeń na Życie S.A. v Prezes Urzędu Ochrony Konkurencji i Konsumentów Case Citation Case C-617/17 ECLI:EU:C:2019:283 Key words Reference for a preliminary ruling — Competition — Article 82 EC — Abuse of a dominant position — Regulation (EC) No 1/2003 — Article 3(1) — […]

2019:232 Qualcomm and Qualcomm Europe v Commission

Court General Court Date of ruling 9 April 2019 Case name (short version) Qualcomm and Qualcomm Europe v Commission Case Citation T-371/17 ECLI:EU:T:2019:232 Key words Competition — Market for baseband chipsets used in consumer electronic devices — Administrative procedure — Article 18(3) and Article 24(1)(d) of Regulation (EC) No 1/2003 — Decision requesting information — Obligation to state reasons — […]

2019:23 Eco-Bat Technologies Ltd and Others v European Commission

Court Court of Justice Date of ruling 16 January 2019 Case name (short version) Eco-Bat Technologies Ltd and Others v European Commission Case Citation C-312/18 P ECLI:EU:C:2019:23 Key words Appeal — Agreements, decisions and concerted practices — Market for car battery recycling — Decision finding an infringement of Article 101 TFEU and imposing fines — Correcting decision adding the value […]

2018:904 Groupe Canal + v European Commission

Court General Court Date of ruling 12 December 2018 Case name (short version) Groupe Canal + v European Commission Case Citation T-873/16 ECIL:EU:T:2018:904 Key words Competition — Agreements, decisions and concerted practices — Television distribution — Decision making commitments binding — Territorial exclusivity — Preliminary evaluation — Effect on the contractual rights of third parties — Proportionality Basic context Application […]

2018:59 Panalpina World Transport (Holding) and Others v Commission

Court Court of Justice Date of ruling 9 March 2018 Case name (short version) Panalpina World Transport (Holding) and Others v Commission Case Citation C-271/16 P ECLI:EU:C:2018:59 Key words Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFUE — Price fixing — International air freight forwarding services — Tariff agreement affecting the final price of services […]

2019:235 Eco-Bat Technologies Ltd and Others v European Commission

car battery, recycle sign
  Court Court of Justice Date of ruling 21 March 2019 Case name (short version) Eco-Bat Technologies Ltd and Others v European Commission Case Citation C-312/18 P ECLI:EU:C:2019:235 Key words Appeal — Agreements, decisions and concerted practices — Market for car battery recycling — Decision finding an infringement of Article 101 TFEU and imposing fines — Correcting decision adding the […]

2018:773 Infineon Technologies AG v European Commission

  Court Court of Justice Date of ruling 26 September 2018 Case name (short version) Infineon Technologies AG v European Commission Case Citation C-99/ 17 P ECLI:EU:C:2018:773 Key words Appeal — Agreements, decisions and concerted practices — European market for smart card chips — Network of bilateral contacts — Exchanges of commercially sensitive information — Challenge of the authenticity of […]

2018:373 Agria Polsk sp. z o.o. and Others v European Commission

crop field with combines
  Court Court of Justice Date of ruling 20 September 2018 Case name (short version) Agria Polska sp. z o.o. and Others v European Commission Case Citation C-373/17 P ECLI:EU:C:2018:756 Key words Appeal — Competition — Rejection of a complaint by the European Commission — Lack of Union interest Basic context By their appeal, Agria Polska sp. z o.o., Agria […]

2018:58 Schenker Ltd v European Commission

  Court Court of Justice Date of ruling 9 March 2018 Case name (short version) Schenker Ltd v European Commission Case Citation C-263/16 P ECLI:EU:C:2018:58 Key words Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Price fixing — International air freight forwarding services — Pricing agreement affecting the final price of the services Basic context By its appeal, Schenker Ltd (‘Schenker […]

2018:60 Deutsche Bahn and Others v Commission

Court Court of Justice Date of ruling 1 February 2018 Case name (short version) Deutsche Bahn and Others v Commission Case Citation C-264/16 P ECLI:EU:C:2018:60 Key words Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Price fixing — International air freight forwarding services — Pricing agreement affecting the final price of the services Basic context By their appeal, Deutsche Bahn AG, Schenker […]

2018:590 Orange Polska v Commission

  Court Court of Justice Date of ruling 25 July 2018 Case name (short version) Orange Polska v Commission Case Citation C-123/16 P ECLI:EU:C:2018: 590 Key words Appeal — Competition — Article 102 TFEU — Abuse of dominant position — Polish wholesale market for fixed broadband internet access — Refusal to give access to the network and to supply wholesale […]

2018:270 MEO – Serviços de Comuniçações e Multimédia SA v Autoridade da Concorrência

old phone
  Court Court of Justice Date of ruling 19 April 2018 Case name (short version) MEO – Serviços de Comuniçações e Multimédia SA v Autoridade da Concorrência Case Citation C-525/16 ECLI:EU:C:2018:270 Key words Reference for a preliminary ruling — Competition — Abuse of dominant position — Subparagraph (c) of the second paragraph of Article 102 TFEU — Concept of ‘competitive […]

2017:753 Marine Harvest ASA v Commission

  Court General Court Date of ruling 24 November 2017 Case name (short version) Marine Harvest ASA v Commission Case Citation Case T-704/14 ECLI:EU:T:2017:753 Key words Appeal — Competition — Concentrations — Decision imposing a fine for putting into effect a concentration prior to its notification and authorisation — Article 4(1), Article 7(1) and (2) and Article 14 of Regulation (EC) No […]

2017:643 Austria Asphalt GmbH & Co OG v Bundeskartellanwalt

  Court Court of Justice Date of ruling 7 September 2017 Case name (short version) Austria Asphalt GmbH & Co OG v Bundeskartellanwalt Case Citation ECLI:EU:C:2017:643 C-248/16 Key words Reference for a preliminary ruling — Competition — Concentrations between undertakings — Regulation (EC) No 139/2004 — Article 3(1)(b) and (4) — Scope — Definition of ‘concentration’ — Change in the […]

2017:1008 Trioplast Industrier v Commission

  Court Court of Justice Date of ruling 20 December 2017 Case name (short version) Trioplast Industrier v Commission Case Citation ECLI:EU:C:2017:1008 C-364/16 P Key words Appeal — Agreements, decisions and concerted practices — Market in industrial plastic bags — Formal notice from the European Commission to the appellant for the payment of default interest on the amount of the […]

2018:371 Ernst & Young v Konkurrenceradet

Court Court of Justice Date of ruling 31 May 2018 Case name (short version) Ernst & Young P/S v Konkurrenceradet Case Citation C-633/16 ECLI:EU:C:2018:371 Key words Reference for a preliminary ruling — Control of concentrations of undertakings — Regulation (EC) No 139/2004 — Article 7(1) — Implementation of a concentration prior to notification to the European Commission and declaration of […]

2018:854 Apple Sales International and Others MJA

  Court Court of Justice Date of ruling 24 October 2018 Case name (short version) Apple Sales International and Others MJA Case Citation ECLI:EU:C:2018:854 C-595/17 Key words Reference for a preliminary ruling — Area of freedom, security and justice — Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Article 23 — Jurisdiction clause in a distribution […]

2018-60 Deutsche Bahn and Others v Commission

Court Court of Justice Date of ruling 1 February 2018 Case name (short version) Deutsche Bahn and Others v Commission Case Citation C-264/16 P ECLI:EU:C:2018:60 Key words Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Price fixing — International air freight forwarding services — Pricing agreement affecting the final price of the services Basic context By their appeal, Deutsche Bahn AG, Schenker […]

2017-756 – KPN BV v European Commission

Court General Court Date of ruling 26 October 2017 Case name (short version) KPN BV v European Commission Case Citation T-394/15 P ECLI:EU:T:2017:756 Key words Competition — Concentrations — Netherlands market for television services and telecommunications services — Decision declaring the concentration compatible with the internal market and the EEA Agreement — Commitments — Duty to state reasons — Relevant […]

2017-47 Report – Hansa metallwerke AG and Others v European Commission

Court Court of Justice Date of ruling 26 January 2017 Case name (short version) Hansa Metallwerke AG and Others v European Commission Case Citation Case C-611/13 P ECLI:EU:C:2017:47 Key words Appeal — Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and […]

2017-716 Report – Ferriere Nord Spa v European Commission

Court Court of Justice Date of ruling 3 November 2017 Case name (short version) Ferriere Nord SpA v European Commission Case Citation Case C-88/15 P ECLI:EU:C:2017:716 Key words Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the […]

2017-713 Report – Riva Fire v Commission

  Court Court of Justice  Date of ruling  21 September 2017 Case name (short version) Riva Fire v Commission  Case citation Case C-89/15 P ECLI:EU:C:2017:713  Key words  Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General […]

2017-679 Report – LG Electronics v Commission

Court Court of Justice Date of ruling 14 September 2017 Case name (short version) LG Electronics v Commission Case Citation C-588/15 ECLI:EU:C:2017:679 Key words Appeal — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Agreements and concerted practices relating to prices, markets sharing, customer allocation and production limitation — […]

2017-597 Report – Persidera SpA v Autorità per le Garanzie nelle Comunicazioni

Court Court of Justice Date of ruling 26 July 2017 Case name (short version) Persidera SpA v Autorità per le Garanzie nelle Comunicazioni & Ministero dello Sviluppo Economico delle Infrastrutture e dei Trasporti Case Citation Case C-112/16 P ECLI:EU:C:2017:597 Key words Reference for a preliminary ruling — Electronic communications — Telecommunication services — Directives 2002/20/EC, 2002/21/EC and 2002/77/EC — Equal […]

2017-520 Report – Toshiba Corporation v European Commission

Court Court of Justice Date of ruling 6 July 2017 Case name (short version) Toshiba Corporation v European Commission Case Citation Case C-180/16 P ECLI:EU:C:2017:520 Key words Appeal — Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Decision taken by the European Commission following annulment in part of the initial decision by the […]

2017-314 Report – Akzo Nobel and Others v Commission

Court Court of Justice Date of ruling 27 April 2017 Case name (short version) Akzo Nobel and Others v Commission Case Citation Case C-516/15 P ECLI:EU:C:2017:314 Key words Appeal —Agreements, decisions and concerted practices — European markets in tin stabilisers and in ESBO/esters heat stabilisers — Price fixing, market allocation and exchange of commercially sensitive information — Whether the unlawful conduct of the subsidiaries may […]

2017-190 report – Samsung SID Co. Ltd and Samsung SDI (Malaysia) Bhd v European Commission

people looking at the laptop
  Court Court of Justice Date of ruling 9 March 2017 Case name (short version) Samsung SDI Co. Ltd and Samsung SDI (Malaysia) Bhd v European Commission Case Citation C-615/15 P ECLI:EU:C:2017:190 Key words Appeal — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Agreements and concerted practices on […]

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