A February 4 conference on competition policy and the Green Deal sponsored by the European Commission’s (the Commission’s) Directorate-General for Competition (DG COMP) highlighted the divergences of opinions among antitrust officials and other stakeholders on how competition policy should support sustainability objectives.  DG COMP aims to take a leading role on sustainability issues; its October-November…

In today’s judgment in the case C‑595/18 P – Goldman Sachs v Commission, the European Court of Justice (ECJ or Court) expanded the rebuttable presumption of decisive influence relating to the parental liability doctrine. According to the parental liability doctrine, a parent company can be liable for anti-competitive conduct of its subsidiary when the parent…

On 6 January 2020, the European Commission (EC) published an inception impact assessment that invites comments on the scope of application of EU competition law to collective bargaining agreements for the self-employed. The EC will launch in the first half of 2021 a more detailed public consultation, with a view to the possible adoption of…

The European Commission (the Commission) closed out its ambitious 2020 antitrust reform agenda with the long-awaited consultation (the Consultation) on reform of the Vertical Block Exemption Regulation (the VBER) and related Guidelines (the VGL), published on December 18, 2020.  The Consultation’s proposals, which closely follow the Commission’s October 2020 Inception Impact Assessment (the Inception Impact…

What an eventful year, also for competition law. The Kluwer Competition Law Blog has a little treat for you: a series of posts on the main 2020 developments in key jurisdictions by many of our dear contributors. We will release a number of articles in the next month. Today, we kick off with the EU!…

Large platforms acting as “digital gatekeepers” are increasingly drawing competition agencies’ attention. While no legal definition of a “gatekeeper” has been laid down yet,[1] this concept is meant to cover platforms that rely on significant network effects. A “gatekeeper” may also be a go-between, controlling access from one point to another. However, gatekeepers may refuse…

“I’ve been wondering how to give a metaphor because these are two quite complex proposals. And the best thing I came to think of was the first-ever traffic light that brought order in the streets, that was actually in the US, in Cleveland Ohio. And that was invented as a response to a major technological…

Ever since the 2001 Courage judgment, private actions for damages are on the rise. The Commission wanted to quickly follow with a legislative act including minimum standards for private enforcement across the EU. In the end, it took a while. In 2005, the authority published a Green Paper, in 2008 a substantially amended White Paper….

Adopting new tools to combat the effects of foreign subsidies is a top European Union (EU) priority for 2021; a no-deal Brexit would raise the stakes for this initiative significantly.   The European Commission (EC) believes that non-European State-owned enterprises (SOEs) and other companies receive subsidies that can distort competition in the European single market.  Trade…

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…