Competition law 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.

 

The modernisation of EU merger control

THE MODERNISATION OF EU MERGER CONTROL The long-awaited judgment in the Illumina/Grail art. 22 EUMR dispute was announced on 13 July 2022. The General Court confirmed that the European Commission has the power to decide on a merger, referred to it by a Member State, that does not meet the EU thresholds nor was it notified nationally. What follows is […]

Disruptions vs refusals of supply: a guide to the case law

On 31 March 2022, FTC Chair Lina Khan was visiting her counterparts in Brussels. She also spoke at the CRA Conference, describing the need for new tools to tackle new problems: ‘[Practices] can still facilitate the maintenance of a monopoly—and therefore be illegal—but the precise mechanism may look different from some of the traditional concepts that antitrust enforcers look to.’ […]

Eventim/Ticketone v. AGCM – May acquisitions be prosecuted pursuant to Article 102 TFEU?

With judgment no. 3334 of 24 March 2022, the Rome Administrative Court of 1st instance (TAR Lazio-Roma) has annulled the decision issued by the Italian Competition Authority (“AGCM”) on 22 December 2020, no. 28495. The above TAR Lazio judgment (“the “Judgment”) is noteworthy because it deals with the possibility of AGCM (and of national competition authorities at large) to apply […]

The French judgment on Google’s Play Store: a shift towards platform exploitation?

On 28 March 2022, the Commercial Court of Paris fined Google €2 million for the imbalanced terms and conditions of its Play Store. While the fine is minimal, Google is also obliged to adapt those T&Cs, including the 30% fee—a much more far-reaching implication. Except for some news articles, the French judgment did not receive a lot of attention (which […]

The DMA and EU competition law: complementing or cannibalizing enforcement?

The proposal of the DMA signals a significant change with respect to the application and enforcement of EU competition policy to online platforms. Despite the clear synergy between the two frameworks, the European Commission insists that the DMA is introduced with the idea of complementing, rather than replacing, the enforcement of EU competition law in the case of online platforms. […]

The antitrust books you should’ve read in 2021 [part 2]

In a CoRe Blog post last month, I introduced the first three ‘antitrust books you should’ve read in 2021’. In this second instalment, I take a look at the next and final three books. Antitrust takes a political–historical look at the evolution of U.S. antitrust law, while How Antitrust Failed Workers zooms in on issues of labour market power. One […]

The antitrust books you should’ve read in 2021 [part 1]

Following yearly tradition, I’m happy to present the antitrust books you should have read last year. In each of the 2019 and 2020 editions, I expressed surprise at the exceptional amount of competition law publishing, and this year is no different. Looking for explanations for this extended anomaly, two candidates emerge: either I wasn’t paying close enough attention before and […]

The Apple App Store case in the Netherlands – a potential game changer

Just before 2021 ended, Apple suffered a loss in the Netherlands where a national court in preliminary relief proceedings struck down its attempt to block the remedies imposed by the Dutch competition authority following a finding of abuse of dominance. As a result, as of last weekend, Apple is forced to accept third-party payment solutions implemented in (paid) dating apps […]

Spielberg’s antitrust: Netflix, Amazon and the Draft Digital Markets Act

The recent legislative reform proposals presented by the European Commission (“EC”) have revived the debate on how Competition Law should deal with potentially abusive conduct in digital markets. Drawing upon the case law concerning violations of Art. 102 TFEU, the draft Digital Markets Act (“Draft DMA”) tries to re-design the structure of digital markets by codifying a series of dos […]

A Different View of Platform Regulation: Reviewing Josh Hawley’s ‘The Tyranny of Big Tech’

The United States is quickly catching up with the European Union when it comes to tech regulation. The latest example is the proposed Open App Markets Act. While the bill’s provisions deserve discussion, one feature stands out: that it is was introduced by senators from both major parties. While Democrats and Republicans are not known for agreeing on much, the […]
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

Ph.D. Fellow, Europa Institute, Leiden University

>> Daniel’s CoRe blog posts >>

Friso Bostoen

Blog Editor

Postdoctoral Researcher, KU Leuven

>> Friso’s CoRe Blog posts >>

Picture Rita Paukste
Rita Paukste

Former 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 […]

Disruptions vs refusals of supply: a guide to the case law

On 31 March 2022, FTC Chair Lina Khan was visiting her counterparts in Brussels. She also spoke at the CRA Conference, describing the need for new tools to tackle new problems: ‘[Practices] can still facilitate the maintenance of a monopoly—and therefore be illegal—but the precise mechanism may look different from some of the traditional concepts that antitrust enforcers look to.’ […]

The French judgment on Google’s Play Store: a shift towards platform exploitation?

On 28 March 2022, the Commercial Court of Paris fined Google €2 million for the imbalanced terms and conditions of its Play Store. While the fine is minimal, Google is also obliged to adapt those T&Cs, including the 30% fee—a much more far-reaching implication. Except for some news articles, the French judgment did not receive a lot of attention (which […]

The DMA and EU competition law: complementing or cannibalizing enforcement?

The proposal of the DMA signals a significant change with respect to the application and enforcement of EU competition policy to online platforms. Despite the clear synergy between the two frameworks, the European Commission insists that the DMA is introduced with the idea of complementing, rather than replacing, the enforcement of EU competition law in the case of online platforms. […]

The antitrust books you should’ve read in 2021 [part 2]

In a CoRe Blog post last month, I introduced the first three ‘antitrust books you should’ve read in 2021’. In this second instalment, I take a look at the next and final three books. Antitrust takes a political–historical look at the evolution of U.S. antitrust law, while How Antitrust Failed Workers zooms in on issues of labour market power. One […]

The antitrust books you should’ve read in 2021 [part 1]

Following yearly tradition, I’m happy to present the antitrust books you should have read last year. In each of the 2019 and 2020 editions, I expressed surprise at the exceptional amount of competition law publishing, and this year is no different. Looking for explanations for this extended anomaly, two candidates emerge: either I wasn’t paying close enough attention before and […]

The Apple App Store case in the Netherlands – a potential game changer

Just before 2021 ended, Apple suffered a loss in the Netherlands where a national court in preliminary relief proceedings struck down its attempt to block the remedies imposed by the Dutch competition authority following a finding of abuse of dominance. As a result, as of last weekend, Apple is forced to accept third-party payment solutions implemented in (paid) dating apps […]

Spielberg’s antitrust: Netflix, Amazon and the Draft Digital Markets Act

The recent legislative reform proposals presented by the European Commission (“EC”) have revived the debate on how Competition Law should deal with potentially abusive conduct in digital markets. Drawing upon the case law concerning violations of Art. 102 TFEU, the draft Digital Markets Act (“Draft DMA”) tries to re-design the structure of digital markets by codifying a series of dos […]

A Different View of Platform Regulation: Reviewing Josh Hawley’s ‘The Tyranny of Big Tech’

The United States is quickly catching up with the European Union when it comes to tech regulation. The latest example is the proposed Open App Markets Act. While the bill’s provisions deserve discussion, one feature stands out: that it is was introduced by senators from both major parties. While Democrats and Republicans are not known for agreeing on much, the […]

The Commission’s Article 22 EUMR Guidance: catching killer acquisitions through the merger referral procedure?

Over the past five years, the EU’s merger control regime has been hotly debated. The main concern driving the debate has been the intensive acquisition activity in the tech and pharmaceutical sectors. However, many of those acquisitions escape the jurisdictional thresholds of the EU Merger Regulation (EUMR) and therefore cannot be reviewed by the European Commission (EC). On 26 March […]

Online platforms and the essential facility doctrine – a status update following Slovak Telekom and the DMA

The recent judgment of the CJEU in Slovak Telekom provides important guidance on the application of the Bronner case law in cases concerning abusive market access obstacles. Such guidance is of particular value in the context of online platforms, where issues of access have been considered being unsolvable because of the stringent criteria of the refusal to supply case law. […]

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 (endnotes). 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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