Wettbewerbsrecht Blog

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

Der CoRe Blog bietet ein Austauschformat für aktuelle Analysen der Entwicklungen im EU-Wettbewerbsrecht. Er ist der Blog-Begleiter der vierteljährlich erscheinenden, mit einem doppelten Peer-Review-Verfahren versehenen European Competition and Regulatory Law Review (CoRe). Der CoRe-Blog füllt die Lücken, die eine viermal jährlich erscheinende Zeitschrift nicht schließen kann: unmittelbare Aktualisierungen und Analysen der neuesten Entwicklungen im EU-Wettbewerbs- und Regulierungsrecht und die Möglichkeit, diese Entwicklungen über unseren Kommentarbereich direkt mit anderen Experten zu diskutieren.

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- damages claim ×

Case C-721/20 – DB Station & Service – Can secondary legislation limit the private enforcement of art. 102 TFEU?

Last month the CJEU delivered an interesting ruling on the scope of application of art. 102 TFEU when dealing with excessive or unfair prices in the railway sector. A first reading of the final conclusion of the CJEU would give the impression that the scope of application of art. 102 TFEU is being unduly restricted with this case by making […]

Otis II: A lost opportunity to clear the mist

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 […]

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 […]

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 […]

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 […]

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 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 […]

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 […]

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 […]
Anja Naumann

Blog Editor

LL.M., PhD, currently legal trainee at the Higher Regional Court of Berlin.

>> Anja’s CoRe Blog posts >>

Daniel Mandrescu
Blog editor Assistant Professor EU competition law, Europa Institute, Leiden University >> Daniel's CoRe blog posts >>
Friso Bostoen

Blog Editor

Assistant Professor of Competition Law and Digital Regulation, Tilburg University

Friso Bostoen is an assistant professor of competition law and digital regulation at Tilburg University. Previously, he was a Max Weber Fellow at the European University Institute. He holds degrees from KU Leuven (PhD, LLM) and Harvard University (LLM). Friso’s research focuses on antitrust enforcement in digital markets. His work has resulted in numerous international publications, presentations, and awards (including the AdC Competition Policy Award 2019 and the Concurrences PhD Award 2022). In addition, Friso edits the CoRe Blog and hosts the Monopoly Attack podcast.

>> Friso’s CoRe Blog posts >>

Nelly Stratieva

Head of Editorial Department and Data Protection Officer

Responsible for EStAL (European State Aid Law Quarterly), EPPPL (European Public Private Partnership Law Review) and CoRe (European Competition and Regulatory Law Review). Overseeing Lexxion Publisher’s privacy and data protection compliance.

Parsa Tonkaboni
Picture Rita Paukste
Rita Paukste

Former Blog Editor

Senior Associate, Motieka & Audzevicius PLP, Vilnius

>> Rita’s CoRe Blog posts >>

- damages claim ×

Case C-721/20 – DB Station & Service – Can secondary legislation limit the private enforcement of art. 102 TFEU?

Last month the CJEU delivered an interesting ruling on the scope of application of art. 102 TFEU when dealing with excessive or unfair prices in the railway sector. A first reading of the final conclusion of the CJEU would give the impression that the scope of application of art. 102 TFEU is being unduly restricted with this case by making […]

Otis II: A lost opportunity to clear the mist

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 […]

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 […]

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 […]

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 […]

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 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 […]

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 […]

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 […]

- damages claim ×

Case C-721/20 – DB Station & Service – Can secondary legislation limit the private enforcement of art. 102 TFEU?

Last month the CJEU delivered an interesting ruling on the scope of application of art. 102 TFEU when dealing with excessive or unfair prices in the railway sector. A first reading of the final conclusion of the CJEU would give the impression that the scope of application of art. 102 TFEU is being unduly restricted with this case by making […]

Otis II: A lost opportunity to clear the mist

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 […]

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 […]

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 […]

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 […]

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 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 […]

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 […]

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 […]

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