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…

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…

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…

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…

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…

Last week, the German Federal Court of Justice published its April 2021 judgment in Trucks II. The German Court – always good for a surprise – was overall less favourable to the claimant. In particular, it emphasised the role of economic party opinions and regression analysis, especially in relation to the factual presumption of price…

Despite the best efforts of the European legislator, in some European Member States private enforcement of competition law, that is, private litigation for compensation of cartel overcharges is meagre at best. One of the numerous reasons why private enforcement of competition law mostly fails is the lack of meaningful provisions for determining the damage suffered,…

On 22 October 2020, the European Court of Justice (ECJ) confirmed in Silver Plastics that the General Court (GC) is not bound to accept a request for the examination of witnesses when it has sufficiently proven that an undertaking took part in an anti-competitive agreement.   Executive Summary The ECJ has confirmed that there is…

On 21 October 2020, during the kick-off event of the EU-funded Twinning Project, the Antimonopoly Committee of Ukraine (the “AMC“) announced that it is preparing the draft law that will introduce amendments to the Ukrainian merger filing thresholds. The AMC will submit the draft law to the Ukrainian Parliament early this November and expects it…

On 5 October 2020, the General Court of the European Union (GC) partially annulled decisions of the European Commission (EC) to order on-the-spot inspections (dawn raids) of a number of French retailers[1]. The GC held that the EC did not have sufficiently strong evidence to launch dawn raids in respect of some of the suspected…