Wettbewerbsrecht Blog

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.

- European Commission ×

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]
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

>> Daniel’s CoRe blog posts >>

Friso Bostoen

Blog Editor

Ph.D. Researcher and Teaching Assistant, KU Leuven

>> Friso’s CoRe Blog posts >>

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 >>

- European Commission ×

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Do you want to share your analysis of a competition or regulatory law topic with the readers of the CoRe Blog? We invite you to submit your post on, for example: recent European, national or international judgments or legislation with relevance to EU competition law; new developments, publications, hot topics in EU competition law. The recommended length of the post is 500-2,000 words incl. references (hyperlinks). Your analysis will be published under the category ‘Feature’.

Here’s how you can publish a post on the CoRe Blog as a guest author:

Step 1: Submit your draft post as a Word file to coreblog[at]lexxion.eu.

Step 2: The CoRe Blog editors will review your draft to make sure its content and quality fit the blog. If needed, they will suggest what improvements you should make.

Step 3: Once your draft has been finalized and accepted, the editors will send you link to register and log-in to the CoRe Blog as guest author.

Step 4: Once you have logged-in to the blog, you can upload and publish your post.

Step 5: Enjoy the fame!

 

Note: If you want to write on a topic related to EU State aid law, please make the post on Lexxion’s dedicated blog State Aid Hub.

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