On April 21, 2021, the EU Commission adopted a proposal for a regulation (the AI Regulation) on “artificial intelligence systems” (AI systems), which it describes as “the first-ever legal framework on AI.” The AI Regulation will impose significant obligations impacting businesses across many, if not all, sectors of the economy. The AI Regulation will prove…

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…

At a recent post, I discussed how the European Commission’s change of approach with the publication of its new Guidance on Article 22 of the Merger Regulation, in reality, should be seen as an accompanying measure to the Digital Markets Act (DMA). I called this a “DMA bis”. Let me share my thoughts in a slightly…

Recently, Google and Apple have changed their policy for targeted online advertising. Privacy-conscious users have been switching to alternatives for years, however, completely avoiding being tracked by online tech giants is virtually impossible. Nevertheless, the online ad industry has grown tremendously in the last decade, and targeted behavioural advertising has become ubiquitous in the online…

On March 26, the EU Commission announced a major reform of EU Merger Regulation (EUMR) procedures, arguably the most significant since the 2004 adoption of the current EUMR.  The current EUMR expanded EU jurisdiction by broadening the EUMR standard of review and allowing parties to request that transactions notifiable in three or more Member States…

On March 4, 2021, the Court of Justice (‘CJEU’) delivered a judgment in the State aid case Fútbol Club Barcelona (C-362/19 P), quashing the ruling of the General Court of February 26, 2019 (T-865/16) and upholding the Commission’s Decision of July 3, 2016 (SA.29769). In its judgment, the CJEU provided helpful guidance to assess the…

In the last decade, the EU scene has been characterised by a more flexible application of State aid rules, partially due to the persistent emergencies across the continent. But this trend has not significantly affected the application of Art. 106(2) TFEU or, more generally, the rules governing the financing of services of general economic interest…

The General Court’s judgment in CK Telecoms[1] annulling the European Commission’s (“Commission”) 2016 prohibition decision of the UK mobile merger raised quite a bit of interest beyond the Brussels competition bar, particularly with European telecom companies, who have long argued that the Commission has taken a far too strict stance on in-country market consolidation. Mobile…

On 14 January 2021, the Court of Justice of the European Union (“CJEU”) confirmed that participation in a bid-rigging cartel ends when the basic characteristics of the contract between the “successful” tenderer and the contracting (public) authority are determined (C-450/19 – Kilpailu- ja kuluttajavirasto, ECLI:EU:C:2021:10). This has a major impact on the limitation period, which…

It is the same old story which we have heard many times before: Ryanair boss O’Leary is currently using strong words to complain about Corona subsidies granted to his competitors. His cursing is neither original nor surprising, but a variation on his favourite theme: Ryanair sees itself at a competitive disadvantage with other players that…