Restriction by effect

Anticompetitive agreements, Market definition, National competition authorities (NCAs), Restriction by effect, Restriction by object, Selective distribution, Spain

(CNMC)/ /Leave a comment

On 12 July 2023, the Spanish National Markets and Competition Commission (CNMC) issued its decision in the case S/0013/21 – Amazon/Apple Brandgating (the Decision) imposing a fine of €143.6 million on Apple and Amazon for restricting inter and intra-brand competition in the sale of Apple products on the Spanish Amazon marketplace contrary to Articles 1…

Abuse of dominance, As Efficient Competitor, European Commission, European Court of Justice, Guidance, Guidelines, Margin squeeze, Restriction by effect

(Norton Rose Fulbright, Belgium)/ /Leave a comment

The European Commission (the Commission) has launched a project to codify EU law on the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU) to exclusionary abuses of dominant positions, such as exclusive dealing, tying and bundling, predatory pricing, refusals to supply and margin squeezes. The Commission published a…

Abuse of dominance, Data protection, Digital economy, Digital markets, European Court of Justice, Restriction by effect

(Clifford Chance LLP)/ /Leave a comment

On 12 May 2022, the European Court of Justice delivered its preliminary ruling in response to a number of questions referred to it by an Italian court tasked to assess whether the use of customer data (legitimately collected by the ENEL group during a legal monopoly position) to target offers to those same customers once…

Abuse of dominance, Advocate General, Data protection, Digital economy, Digital markets, Restriction by effect

(Clifford Chance LLP)/ /Leave a comment

In early December 2021, Advocate General Rantos delivered his Opinion in a request for a preliminary ruling referred by an Italian court (Case C-377/20). Although AG Rantos’ Opinion is not yet available in English, this will be a case to watch. Indeed, AG Rantos’ Opinion has already generated interest not only because the underlying conduct…

European Court of Justice, European Union, Restriction by effect, Restriction by object

, (Dentons)/ /Leave a comment

On September 5, 2019, Advocate General Bobek published his opinion in the Budapest Bank case (C-228/18). The opinion provides very clear and practical guidance on the concept of restriction of competition by object – a subject that has long been a bone of contention among competition practitioners, enforcers and courts. The opinion is also noteworthy…