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On a weekly basis Phedon Nicolaides posts critical opinion pieces on the latest State aid judgments and decisions on his blog State Aid Uncovered. Each article presents the main points of a court ruling or Commission‘s decision, places them in the context of similar case law or practice, assesses the underlying reasoning, and identifies any inconsistencies or contradictions.
Occasional guest blog posts by other State aid experts complement the State aid knowledge hub.

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Blog posts - Feature - EU competition law ×

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 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 […]

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 […]

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 […]

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 […]

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 […]

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

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 pricing, […]
Anja Naumann

Anja finished her LL.M. in International Business Law at Queen Mary University with Distinction in Sept 2015. After working at the Competition Law department of an international law firm in Düsseldorf she re-joined Queen Mary University in September 2016 to undertake a PhD in EU Competition Law and public health regulation.

Daniel Mandrescu

Daniel Mandrescu is a PhD Fellow at the Europa Institute of Leiden University. His research focuses on the application of EU competition law to the business practices of online platforms with the purpose of establishing whether there is need for specific regulation or merely an adaption of current practice.

Prior to his affiliation with Leiden University Daniel was assistant to the editorial team of the legal journal Legal Issues of Economic Integration (Kluwer) and a graduate teaching assistant at the University of Amsterdam.

Daniel obtained his LLB (2012) and a dual LLM degree on International Trade Law and EU Competition law and Regulation (2014) from the University of Amsterdam. During his studies he worked as an intern in the competition law practices of Allen & Overy and Loyens & Loeff and became a member of the Dutch Competition law Association.

Friso Bostoen

Friso Bostoen is a Ph.D. researcher at the Institute for Consumer, Competition & Market of the KU Leuven and a fellow of the Research Foundation Flanders. He researches abuse of dominance by online platforms under EU competition law. Friso has studied at KU Leuven (LL.B. and LL.M.), the University of Sydney (exchange) and Harvard University (LL.M.). He has also completed various internships in the field of competition law (Belgian Competition Authority, Van Bael & Bellis, Clifford Chance).

Kiran Desai

Kiran S. Desai has over 25 years’ experience of private practice in EU competition law. He is engaged in all aspects of EU competition law, including litigation before the courts and has written extensively on EU competition law matters. He is a partner at EY Law, based in Brussels, and is the EU Competition Law Leader for the global EY Law network of firms.

Lexxion Publisher

Established in 2002, Lexxion offers professional journals, books, and events closely related to legal practice. Lexxion’s products cover topics such as Competition law, State aid law, Public Procurement, Public-Private Partnerships, EU Funds, Food Law, Chemical law and Climate Law at the European level. In 2013 we have launched the State Aid Uncovered blog as a Lexxion imprint, in 2018 the CoRe Blog followed.

Michele Giannino

Michele is an Italian qualified lawyer. He holds a LLM in European Law from University of Leicester and also gained a PHD in Competition Law at the Queen Mary of University of London defending a thesis on the regulation of transnational mergers. Active researcher on competitin and IP law, he advises clients on civil and business law.

Tom Verdonk

Tom is a Ph.D. candidate at the University of Leuven’s Institute for Consumer, Competition & Market. He obtained his LL.B. (Utrecht Law College programme) and his LL.M. (Law and Economics, cum laude) at Utrecht University. During his studies he worked as a paralegal for a competition law firm in Amsterdam. Prior to joining the University of Leuven, he completed internships at law firms in Amsterdam and Brussels and a Dutch Senate delegation. His Ph.D. research focuses on the economic regulation of agricultural inputs markets, taking into account (unfair) competition law, intellectual property and agricultural policy.

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