Last week, the Council gave itself another shot at improving the functioning of the General Court of the European Union (the ‘General Court’). And once again, it failed. Following an already disappointing episode in March 2014, the Council again placed the equality between member states at the top of its priorities, by doubling up the…

On 10 June 2014, the Polish Parliament adopted a significant set of amendments to the Polish Competition Law Act (the “Act”). Having received Presidential approval on 30 June 2014, the amended Act is now waiting for publication. The changes are expected to come into force relatively soon. The amendments will take effect 6 months after…

The proceedings brought by the European Commission against Google are nearing a – provisional – end with the prospect of a decision making binding on Google a revised set of commitments (see here for the Commission statement and here for the full text of the proposed commitments). Independently of their merits in addressing the Commission’s…

On 8 October 2013, it was announced that the nuclear industry would not be included in the European Commission’s draft Guidelines on environmental and energy aid for 2014-2020 as anticipated. Earlier in the year, a leaked copy of the draft Guidelines (which the author has read) set out six pages on how the Commission would…

On 25 June 2013, the European Commission launched a public consultation entitled “Towards more effective EU Merger Control” in which the Commission proposes to (i) expand its powers to review non-controlling minority interests and (ii) streamline the case referral system between the Commission and NCAs. The proposals in respect of minority shareholdings will have a…

Over the last two months, the Commission has been market testing commitments that Google has offered to resolve the Commission’s pending investigation. Many have made thoughtful comments (see for example here, here, and here). But there has also been criticism from the corner of some of Google’s competitors. I represent Google in the Commission’s proceedings…

Like the European Commission, I am confident that the European Merger Simplification Project will bring benefits for clients. As many commentators have affirmed, I do not doubt that the increase of the currently applicable market share thresholds for the identification of horizontally and vertically “affected markets” by 5 per cent to 20% and 30% respectively…

On 31 January 2013, the European Commission (DG Internal Market) published a Green Paper on unfair trading practices in the business-to-business food and non-food supply chain in Europe. One of the issues that the Green Paper deals with is the use by some suppliers of territorial supply constraints – described as impeding retailers’ ability to…

Shortly after revealing proposed amendments to the Competition and Consumer Protection Act (for details, please see my post from May 22), the Polish Competition Authority (the President of the Office for Protection of Competition and Consumers) published draft guidelines on commitment decisions (“Guidelines”). Since PCA nowadays uses commitment decisions increasingly often (125 such decisions were…

In a judgment handed down today (C-158/11 Auto 24), the EU Court of Justice (“CJEU”) confirmed that suppliers operating selective distribution systems (“SDSs”) are under no obligation to publish the criteria used to appoint distributors, and that a car manufacturer using a SDS based on quantitative criteria is under no obligation to apply these criteria…