ECN, European Court of Justice, National competition authorities (NCAs), References for a preliminary ruling, Spain

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

A welcome post by the new Deputy Editor Introduction and summary In the recent Anesco case, the ECJ held the preliminary request of the Spanish National Commission on Markets and Competition (CNMC) inadmissible due to the fact that the CNMC was not a ‘court or tribunal’ for the purpose of Article 267 TFEU. The ECJ…

France, Merger control

, (Latham & Watkins LLP)/ /Leave a comment

On 23 July 2020, the French Competition Authority (FCA or Authority) published new merger control guidelines, which replace the previous guidelines dated 4 July 2013. In the new guidelines, the Authority clarifies and completes (i) the procedural rules and (ii) the rules relating to the substantive examination of a merger.   Key points The new…

Dutch clause, European Commission, Merger control

, , , (White & Case)/ /1 Comment

A recent speech[1] by the European Commission’s (the Commission)’s Commissioner for Competition Margrethe Vestager (the Commissioner), on the 30th anniversary of the EU Merger Regulation (EUMR), praised it as having created “a better life for everyone”, “saved customers billions of euros each year” and, in “a matter of life and death”, ensured the continuation of…

Abuse of dominance, Comparison shopping, Digital competition, Google, Self-preferencing, Türkiye

, (ACTECON)/ /1 Comment

On 29th of July, Google announced[1] that starting from 10th of August, it will be removing shopping ads (or “the Shopping Unit” as referred by the TCA as well as by the EU Commission) from its search pages in Turkey. According to the tech giant, the decision was taken because of the uncertainties surrounding the…

Abuse of dominance, Belgium, Digital, Enforcement

(Loyens & Loeff, Netherlands) and , (Loyens & Loeff)/ /Leave a comment

Introduction The recently introduced prohibition of abuse of economic dependence (Article IV.2/1 Belgian Code of Economic Law) is a novelty in Belgian law, which may become of significant importance for the digital sector. The legal concept of abuse of economic dependence is aimed to target a situation where a company abuses the relative economic dependence…

Cartels, Competition law, COVID-19, Netherlands

(Bird & Bird, The Netherlands) and (Bird & Bird)/ /1 Comment

Intro / Summary The Dutch Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, “CBb”) reduced a fine imposed by the Dutch Authority for Consumers & Markets (“ACM”) on an unidentified undertaking with 99%, from €1 million to €10.000,-. The ACM asked the court to lower the fine, after being urged by the…

Australia, Competitor collaboration, COVID-19

, , , (K&L Gates)/ /Leave a comment

In brief: Industry collaborations that involve restrictions on supply of goods or services are likely to be per se illegal under Australian competition law. However, businesses can seek to self-assess legal risks under the joint venture exception to cartel conduct or seek to have proposed cartel conduct authorised (approved) by the Australian Competition and Consumer…

Apple, European Union, State aid, Taxation

(Stockholm University)/ /Leave a comment

The General Court’s awaited ruling in the Apple[1] case contains some surprising parts, and it is not easily reconciled with case law from this Court and from the Court of Justice. But as in the Fiat[2] and Starbucks[3] cases, it reveals an impressive effort to analyse the issues at depth. The facts are described in…

Nudging algorithms, Pricing algorithms

(British Institute of International and Comparative Law)/ /Leave a comment

I. Artificial intelligence and pricing practices The great Stephen Hawking said that the risk with Artificial Intelligence (AI) is not that it is malign but that it is competent. Certainly, AI has the potential to transform the way we live and interact with other people, and ultimately transform society. The debate on the challenges brought…

India, Locus standi

(Competition Commission of India)/ /Leave a comment

On May 29, 2020, the National Company Law Appellate Tribunal (“NCLAT”) rendered a decision in the matter of Samir Agrawal v. CCI & Ors. wherein it inter-alia, ruled that the locus standi to approach Competition Commission of India (“Commission”) under the Competition Act, 2002 (“Act”) lies only with a person “who is either a consumer…