In its preliminary ruling in Skanska Industrial Solutions and Others[1], the Court of Justice has ruled on the fundamental question of who is liable to pay compensation in an action for damages for breach of Article 101 TFEU. Is the answer to be found in EU law or national law? Can the person liable to…
In every investment property transaction, investors and their advisers need to consider the potential requirement for approval of the Irish Competition and Consumer Protection Commission (the “CCPC”) before the transaction can proceed. With recent changes to the notification thresholds, we highlight the questions to be asked and the issues to be aware of in navigating…
The Bulgarian Supreme Administrative Court (“SAC”) in a 5-member panel (acting as final instance) has annulled the decision of the 3-member panel of the SAC (acting as second instance) regarding the appeal of a decision of the Bulgarian Commission for Protection of Competition (“BCPC”). The ground for annulment is the lack of analysis of the…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Ariel Ezrachi & Viktoria H.S.E. Robertson, Competition, Market Power and Third-Party Tracking The prevalence of third-party tracking in our modern ecosystem cannot be ignored. Trackers, on our websites and apps, enable multi-sourced data gathering,…
The UK’s Competition and Markets Authority (“CMA”) recently welcomed the Court of Appeal’s dismissal of a challenge brought against a decision of the Competition Appeal Tribunal (“CAT”) by Balmoral, a supplier of steel water tanks. The CMA had fined Balmoral £130,000 in December 2016 for a single exchange of pricing information which, in the particular…
Introduction The Broadcasting Authority of Ireland (BAI) is an independent statutory body charged with certain key regulatory responsibilities in respect of broadcasting services, including licensing and approval of changes in ownership and control. The BAI is guided in making these decisions by its Ownership and Control Policy (the Policy). The Policy gives practical effect to…
Last week the Dutch government made international headlines with its share acquisition in Air France-KLM Holding (increasing its stake to 14%). According to the Dutch the acquisition was justified to have a seat at the table when it comes to the role of the Netherlands (read Schiphol) as an aviation hub to protect the public…
On 26 February 2019, the Dutch Authority for Consumers & Markets (“ACM”) published renewed guidelines on both vertical and horizontal restraints. These documents are likely published to reflect the new strategy of the ACM: the stricter enforcement of vertical and horizontal restraints with a focus on vertical price fixing, online sales restraints, purchasing cartels and agreements…
Lawyers across Europe holding their breath while awaiting the General Court’s ruling on the Belgian Excess Profits case were doubtlessly disappointed. On Valentine’s Day, the General Court reminded the European Commission that “tough love” is always a possibility, but the Commission’s defeat is no mortal blow. Its decision was annulled on more or less “technical” grounds,…
Background and main problems Novorossiysk Commercial Sea Port PJSC (“NCSP”) is one of the Europe’s largest port operator in terms of cargo turnover and the leader in the Russian market. The Federal Antimonopoly Service (the “FAS”) found that NCSP abused its dominant position, by fixing and maintaining monopolistically high prices in 2015 for transshipment services…
