Dutch clause, Gun jumping, Merger control, Merger notification, Merger regulation, Merger Thresholds

(Leiden University)/ /Leave a comment

As Ariel Ezrachi and Maurice E. Stucke noted, just as duck hunters must anticipate the future position of their prey, antitrust policymakers are urged to foresee potential anti-competitive behaviours rather than solely focusing on past constraints. This concept of anticipating potential anti-competitive behaviours has now firmly landed on the desks of policymakers, and the last…

Foreign direct investment, Foreign investment, Foreign subsidies

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

The European Commission’s third annual report (the Report) on experience with Regulation 2019/452 (as amended, the FDI Regulation) reflects the growing importance of foreign direct investment (FDI) screening in the European Union (EU).  Together with a staff working document, the Report provides valuable insights into the FDI Regulation’s practical impact and the Commission’s role in FDI screening…

Abuse of dominance, App stores, Apple, National competition authorities (NCAs), National court, Netherlands

(Leiden University)/ /Leave a comment

The Dutch case concerning the Apple App Store appears to make a (welcome) comeback. The case that started in 2019 came to a rather disappointing end in the summer of 2022 when the Dutch competition authority issued a public statement that gave the impression that it was satisfied with Apple’s adjustments to the App Store…

Advertising, Amazon, Digital competition, Digital economy, Digital Services Act, General Court of the European Union, Interim relief

(Institute of Law Studies, Polish Academy of Sciences)/ /Leave a comment

On September 27, 2023, the European General Court (GC or the Court), for the first time, issued a decision related to the new set of rules for the digital space introduced by the Digital Services Act (DSA) in Case Amazon v Commission, T-367/23 R. The Court granted Amazon interim measures concerning the application of the…

Brazil, Labour market, Merger regulation, Mergers

, (Federal University of Paraná)/ /Leave a comment

Introduction The debate about expanding competition law goals is a hot topic in the global competition policy agenda. The return of the antitrust debate in public opinion, due to the rise of Big Techs, opened the path to new proposals regarding sustainability, democracy, innovation, and inequality as competition goals or objectives. This new agenda has…

Apple, Apps, National competition authorities (NCAs), National court, Netherlands

(Bird & Bird, Netherlands) and (Bird & Bird)/ /Leave a comment

On 2 October 2023, the Dutch competition authority ACM published its decision on the objections filed by Apple on 13 July 2023 (decision on objection) against the ACM’s decision of 24 August 2021 imposing an order subject to periodic penalty payments on Apple for infringing the abuse of dominance provision laid down in Article 24…

Double jeopardy, Italy, Procedures, Proportionality, References for a preliminary ruling

(Università Roma Tre)/ /1 Comment

The contested decision With decision No. 30086 of 29th March 2022, the Italian Competition Authority (ICA) imposed a fine of more than 3.7 million euros on Caronte & Tourist S.p.A. (CT) for excessive pricing in the market for Strait of Messina’s ferry services for passengers with vehicles, where it holds a dominant position. The legal…

Collective Redress, Competition and Markets Authority, Damages, Uncategorized, United Kingdom

(University of Strathclyde)/ /Leave a comment

This is an exciting time to be involved in competition law litigation in the UK. There are numerous claims before the specialist competition court in the UK and, in particular, it is notable that we are witnessing a surge in applications under the new consumer collective opt-out redress provisions introduced by the Consumer Rights Act…

Collective Redress, Damages, Digital, European Court of Justice, Jurisdiction, Jurisdiction clauses, Jurisdictional clause

(Lindenbaum)/ /Leave a comment

The District Court of Amsterdam indicated in a decision published on 22 August 2023 that it intends to refer preliminary questions to the European Court of Justice (ECJ) on regional jurisdiction (also referred to as ‘territorial’ jurisdiction) in the context of a WAMCA (Act on Damages Claims in a Collective Action) collective action claim brought…

European Commission, Killer acquisitions, Merger notification, Merger regulation, Merger Thresholds, Mergers

, , , , , , (WilmerHale)/ /Leave a comment

On October 12, 2023, the European Commission (EC) ordered Illumina to unwind its already completed acquisition of the cancer test provider GRAIL Inc. This is the first time that the EC has ordered a reversal of an acquisition. This decision opens a new chapter in the ongoing Illumina/GRAIL saga, which has been unfolding for well…