Evidence

Austria, Competition proceedings, Confidentiality, Damages, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Digitisation, Disclosure, Enforcement, European Commission, Evidence, Germany, National competition authorities (NCAs), Procedures, Proportionality, Regulation

(University of Vienna, Austria) and (University of Vienna)/ /Leave a comment

The Digital Markets Act (DMA) introduced an innovative framework aimed at promoting contestability and fairness in digital markets. In addition to imposing a multitude of substantial obligations on gatekeepers, the DMA incorporates a sophisticated and multi-faceted enforcement system. The European Commission assumes the primary role as the enforcer of the DMA, while the Member States…

Anticompetitive agreements, Cartels, Competition enforcement, Damages, Economics, Estimation, Evidence, National court, Private enforcement, Spain

(IE Law School)/ /Leave a comment

Introduction Three weeks ago, the Spanish Supreme Court delivered its first rulings on damages claims in the trucks cartel. Given that Spanish courts have been the most active in the EU on this case (see the stream of judgments issued by the Courts of Appeal in Figure 1, 85% are available at CENDOJ), there was…

Costs, Damages, Disclosure, Estimation, European Court of Justice, Evidence, Liability, Litigation, Private actions, Private enforcement, Procedures

(University of Vienna, Austria)/ /Leave a comment

The judgment of the European Court of Justice (CJEU) in Tráficos Manuel Ferrer (C-312/21) provides some clarity on the compatibility of national cost rules and judicial damages estimation with EU primary law – the effective enforcement of EU competition law – and the rules of the Damages Directive. The CJEU followed AG Kokott’s opinion to…

Damages, Disclosure, European Court of Justice, Evidence, National court, Private enforcement, Proportionality

(University of Göttingen, Germany)/ /Leave a comment

On 10 November 2022, the European Court of Justice (ECJ or the Court) delivered its judgment in another private enforcement case, interpreting Art. 5 of Directive 2014/104/EU (the Damages Directive or the Directive). It answered the preliminary question raised by a Spanish First Instance Commercial Court that the disclosure of information or documents which do…

Digital markets, European Commission, Evidence, Innovation, Market definition, Platforms

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On 8 November 2022, the European Commission launched a public consultation on its draft revised Market Definition Notice. The new Notice provides detailed explanatory guidance based on the recent case law of the European Commission and the European Court of Justice. It takes into account the latest market developments, in particular, competition on non-price elements…

Cartels, European Court of Justice, European Union, Evidence, Fundamental rights, General Court of the European Union, Procedures

(Advokatfirman Delphi)/ /Leave a comment

In recent years, there has been much talk of ‘due process’ and of ensuring a fair and impartial case handling by competition authorities. The EU Courts consistently stress the importance of respecting the parties’ defence rights but often end up siding with the European Commission. By finding no violation of the parties’ defence rights they…

Collective Redress, Damages, Disclosure, Effects-based, Enforcement, European Union, Evidence, Fair Fund, International Law Talk, Leniency, Liability, National competition authorities (NCAs), Podcast, Private actions, Private enforcement, Procedures, Standard of Proof

(University of Vienna, Austria)/ /Leave a comment

Two Germans meet in Graz to discuss private enforcement of competition law in the EU. Tune in for the first in-person interview of the competition edition of the International Law Talk Podcast. On a warm summer day in June, I interviewed Thomas Thiede on our favorite topic: private enforcement of competition law and its newest…

Advocate General, Damages, Disclosure, European Court of Justice, Evidence, Private actions, Private enforcement

(Latham & Watkins LLP) and (University of Vienna, Austria)/ /Leave a comment

Recent posts on this blog (here) have already highlighted the role that the adoption of Directive 2014/104/EU (Damages Directive or Directive) and the European Commission’s (EC) decision in case AT.39824 – Trucks, amongst other events, have played as turning points in private enforcement of competition law in the EU. The Directive has led not only…

Abuse of dominance, Advertising, Algorithms, Digital economy, Digital markets, Digitisation, E-commerce, Effects-based, European Union, Evidence, General Court of the European Union, Google, Online advertising, Online platforms, Self-preferencing

(University of Mannheim)/ /1 Comment

The long-awaited Google Shopping judgment is out (see the press release here and the full decision here). The General Court has dismissed Google’s action almost in its entirety, upholding the fine of € 2.42 billion that the EU Commission issued in 2017 on the company for abusing its dominance as a search engine by favouring…

Anticompetitive agreements, Cartels, Evidence, Russia

(Elbert, Nazaretsky, Rakov & Co)/ /Leave a comment

On 9th November 2021, the Commercial Court of Moscow will decide an antitrust case between Russian insurance companies (PJSC Rosgosstrakh and LLC Capital Insurance of Life) and the Federal Antimonopoly Services (FAS). The FAS had previously declared an agreement between the two insurance companies invalid. The case concerns the blurring lines between cartels and other agreements in Russian antitrust law. Particularly the standard of proof concerning “other agreements restricting competition” needs to be…