Caveat emptor, buyer beware. A familiar civil law principle that requires buyers to do their pre-contractual due diligence or face the consequences. And, as it happens, also a principle that is increasingly appropriate to describe the caution that professional buyers need to exercise in an antitrust context. Indeed, many stakeholders are calling for enforcement that…

On January 30 2019, the Danish Competition Council (the “DCC”) found that ambulance services provider, Falck, had abused its dominant position under Article 102 TFEU. The DCC held that following a failed tender bid to the Region of Southern Denmark, the company devised a comprehensive internal and external communications’ strategy to make it difficult for…

It is almost impossible these days to attend a competition law conference without the topic of ‘Competition law in the digital era’ making up part of the agenda. In addition, enforcers are publishing policy documents on this topic at a rate that makes it a challenge to keep up for even the most diligent competition…

Antitrust enforcers are good at regularly reminding the competition law community that the various forms of abuse of dominance listed in Article 102 TFEU are not exhaustive. Indeed, the idea of what conduct falls outside “competition on the merits” is ever evolving. And this can make it difficult for practitioners to set clear lines on…

The CJEU’s judgment in MEO earlier this year seemed to be a welcome, final piece of the puzzle in the legal framework for analyzing when price discrimination is abusive. It was now relatively settled, it seemed, that for price discrimination to be an abuse of dominance, it must generally fall into one of two boxes…

The question of what constitutes a restriction of competition ‘by object’ has forever been intensely discussed and heavily litigated across the EU. As AG Kokott stated in her opinion in T-Mobile, the existence of an ‘object’ box is justified by the benefit of legal certainty and, not least, the need for conserving resources of competition…

The ink has barely dried on the DCCA’s new guidelines on joint bidding – see recent blogpost here – before a court has overturned the landmark infringement decision on which much of the guidelines are based. In its unanimous judgment containing little more than two pages of reasoning, the Danish Maritime and Commercial Court has…

As parents we tell our children that “sharing is caring” and “never be afraid to ask for help”. Although these are generally virtuous notions and good lessons to live by, they could easily get businesses into serious trouble with competition authorities. And even get you fined heavily or put in prison. Most businesses know very…