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.

 

- abuse of dominance ×

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 […]

Opinion of AG Kokott in Case-449/21 (Towercast): filling gaps in EU merger control and creating new routes for dealing with killer acquisitions through the DMA 

Earlier this month AG Kokott delivered an opinion that quickly caught the attention of the (EU) competition law community. It covered a matter which has long been left unaddressed after the introduction of EU (and national) merger control rules, namely the possibility to apply art. 102 TFEU to concentrations.  According to AG Kokott, this possibility, which has been thought 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 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 […]

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. […]

Why you (often) don’t need the essential facility doctrine in the digital economy? – Interpreting Lithuanian Railways and Slovak Telekom

The insights from Lithuanian Railways and Slovak Telekom may have serious implications for the application of the Oscar Bronner case law in the future. These insights may prove, however, to have the most value in the digital economy where it would appear that the essential facility doctrine might often not even be needed – not even in the case of […]

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

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 […]
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 >>

- abuse of dominance ×

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 […]

Opinion of AG Kokott in Case-449/21 (Towercast): filling gaps in EU merger control and creating new routes for dealing with killer acquisitions through the DMA 

Earlier this month AG Kokott delivered an opinion that quickly caught the attention of the (EU) competition law community. It covered a matter which has long been left unaddressed after the introduction of EU (and national) merger control rules, namely the possibility to apply art. 102 TFEU to concentrations.  According to AG Kokott, this possibility, which has been thought 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 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 […]

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. […]

Why you (often) don’t need the essential facility doctrine in the digital economy? – Interpreting Lithuanian Railways and Slovak Telekom

The insights from Lithuanian Railways and Slovak Telekom may have serious implications for the application of the Oscar Bronner case law in the future. These insights may prove, however, to have the most value in the digital economy where it would appear that the essential facility doctrine might often not even be needed – not even in the case of […]

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

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 […]

- abuse of dominance ×

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 […]

Opinion of AG Kokott in Case-449/21 (Towercast): filling gaps in EU merger control and creating new routes for dealing with killer acquisitions through the DMA 

Earlier this month AG Kokott delivered an opinion that quickly caught the attention of the (EU) competition law community. It covered a matter which has long been left unaddressed after the introduction of EU (and national) merger control rules, namely the possibility to apply art. 102 TFEU to concentrations.  According to AG Kokott, this possibility, which has been thought 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 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 […]

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. […]

Why you (often) don’t need the essential facility doctrine in the digital economy? – Interpreting Lithuanian Railways and Slovak Telekom

The insights from Lithuanian Railways and Slovak Telekom may have serious implications for the application of the Oscar Bronner case law in the future. These insights may prove, however, to have the most value in the digital economy where it would appear that the essential facility doctrine might often not even be needed – not even in the case of […]

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

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 […]

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.

 

Submit your guest blog post

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