On the 18th of November, the European Court of Justice delivered its Visma (case C-306/20) ruling, that regardless of some important observations, appears to have largely gone unnoticed by the anti-trust community. Probably, overshadowed by the General Court ruling in Google Shopping a few days prior, but from a practical perspective arguably amounts to a…

After deliberating on the matter for a year, DG COMP on the 9th of December published its draft guidance on the application of Article 101 on collective bargaining of the self-employed. This is done in response to the rise and proliferation of the online economy, centred specifically on platforms and greater reliance on freelancers and…

The Norwegian Competition Authority has issued a draft paper on abusive (price) discrimination, outlining how the agency plans to approach the matter, which should be most welcome. Essentially, the legal position is at best unclear, creating room for misapplications. The otherwise famous Post Danmark I case, e.g., originated in a misguided national attempt to apply…

Much noise has been made over the US FTC’s 2013 decision not to pursue charges against Google. A recent release of the full file has fueled this further, feeding into a general frustration over Big Tech and perceived enforcement deficits. However, most of the FTC file has been available since 2015, and but for a…

The rise and proliferation of the online economy, centred specifically on platforms, has opened new opportunities for private individuals to sell their labour in new and more flexible ways. Either full or part-time or when convenient or requested. However, this has also created conflicts as unions see the increased utilization of freelancers and the self-employed…

What to consider a restriction of competition under Article 101 (1) is complex. However, the text of Article 101 (1) refers to agreements that are anti-competitive by object or by effect. A segregation utilized in early cases such as Consten and Grundig and Société Technique Minière. Both from 1966 and both involving the appraisal under…