Caveat emptor, buyer beware. A familiar civil law principle that requires buyers to do their pre-contractual due diligence or face the consequences. And, as it happens, also a principle that is increasingly appropriate to describe the caution that professional buyers need to exercise in an antitrust context. Indeed, many stakeholders are calling for enforcement that…
Introduction A skilled tackle or an underhanded foul? In line with the opposing player or offside? Staying on track or cutting corners? In the world of sports, it is difficult to imagine how decisions would be made on these issues absent clear rules and competent referees to enforce them. One thing is certain: a sporting…
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…
The question of what constitutes a restriction of competition ‘by object’ has forever been intensely discussed and heavily litigated across the EU. As AG Kokott stated in her opinion in T-Mobile, the existence of an ‘object’ box is justified by the benefit of legal certainty and, not least, the need for conserving resources of competition…
