On 6 October 2021, the European Court of Justice (ECJ) issued its very much-awaited judgment in case C-882/19 Sumal, one of the most important cases in private enforcement of competition law of the last years. For those of you that are new to the case, the facts are as follows. On 24 October 2019, the Audiencia…

On 2 September 2021, the Court of Justice (C-57/19 P) overturned the Judgment of the General Court of 15 November 2018 in the case Tempus Energy v Commission (T-793/14). In its ruling, the Court of Justice provided extensive guidance on which elements may (not) give rise to “doubts” as to the compatibility of a State…

In his Opinions of 2 September 2021, in Cases C-151/20 Nordzucker and C-117/20 Bpost, Advocate General (AG) Bobek recommended that the Court of Justice of the European Union (CJEU) set out coherent guidance for national courts on the application of the ne bis in idem principle, upholding the unified test which should rely on three…

The Court of Justice of the European Union provides useful guidance on the interpretation of the concept of “the place where the damage occurred” to ascertain which court within a Member State has jurisdiction over a follow-on cartel damages claim. Pursuant to settled case-law interpreting Article 7(2) Brussels I bis[1], the court having jurisdiction over…

In my second post on matters related to the DMA Proposal (see for another post here), I would like to draw the readers’ attention to the role of the Court of Justice. I am not going to touch upon potential challenges of the DMA or questions of judicial review of acts taken by the Commission…

Even though public enforcement of competition law has traditionally played a significant role in deterring companies from committing antitrust infringements, private enforcement has proved to be an effective ally in this quest. Ever since the adoption of Directive 2014/104/EU (Damages Directive) and, in particular, the European Commission’s (EC) Decision in the Trucks cartel, litigation over…

On 24 March 2021 the Higher Regional Court (‘Oberlandesgericht’) of Düsseldorf put yet another twist to the ‘Facebook Saga’. Although the formal written submission is not yet available, the Düsseldorf closed the hearing by staying the proceedings and announcing the referral to the CJEU of questions on data protection law.   Pricing Guns To be…

The recent judgment of the Court of Justice of the EU (“the CJEU”) in Slovak Telekom[1] is a judgment with significant implications.  This article, first, summarises the main lessons from Slovak Telecom as regards the indispensability criterion in cases of refusal to supply competitors by dominant companies and, second, speculates on some likely consequences for…

On March 18, 2021, in a hybrid settlement case, the Court of Justice of the European Union (CJEU) partially annulled the judgment of the General Court of the European Union (GC) for violating the obligation to state reasons and the principle of equal treatment in the calculation of the fine. The CJEU compared the situation…

On 25 March 2021, the European Court of Justice (“ECJ”) dismissed all the appeals against the European Commission’s decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement agreements.1 The judgments largely repeat the position taken by the ECJ in its January 2020 Paroxetine judgment (see our alert). They notably confirm…