On 22 March 2017, the European Commission issued a proposal for a Directive to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market. The proposed Directive, if adopted, would entail the most significant reform of the antitrust rules in the European…
Sharing economy firms are disrupting traditional industries across the globe. As Tom Goodwin once put it: “Uber, the world’s largest taxi company, owns no vehicles. Facebook, the world’s most popular media owner, creates no content. Alibaba, the most valuable retailer, has no inventory. And Airbnb, the world’s largest accommodation provider, owns no real estate. Something…
The European Competition Commissioner Margrethe Vestager has emphasised two important developments for EU antitrust enforcement, which have emerged from technological advancements: The Commission is taking proactive steps to consider whether the increasing reliance on computers to handle business processes and decisions raises competition law issues. One area of current concern is the use of algorithms, in…
The judgment reinforces due process and transparency in EU merger control proceedings. The Court made clear that due process standards will be strictly enforced in merger cases, despite the relatively tight deadlines. The Decision was, therefore, annulled for failure to respect rights of defence in relation to the handling of economic evidence by the Commission….
Earlier this year, Libratus – an artificial intelligence system developed by Carnegie Mellon University – conquered four of the world’s top professional poker players in a Head’s-Up No-Limit Texas Hold’em tournament (one of the most complicated forms of poker).[1] This might not sound all that surprising to those recalling Gary Kasparov’s defeat at the ‘hands’…
We live in a rapidly changing world. The monikers of change are well known to all of us. Trump. Brexit. Eddie Jones. The future is unpredictable. As Joe Cocker sang, “who knows what tomorrow brings”? But let’s climb aboard Elon Musk’s innovative SpaceX Falcon 9 for a moment. Let me take you to another world….
On February 20, 2017, the Federal Cartel Office (“FCO”) has published a brochure outlining its cartel enforcement activities, roughly over the past ten years. The brochure aims at providing an insight into the FCO’s practice combatting cartels, including an overview of the FCO’s investigation proceedings and case studies. The brochure explains the current leniency regime,…
The European Commission has declared its intention to devote more resources in 2017 to investigating and rectifying what it sees as the endemic competition problems in the European rail sector. It believes that it now needs to prioritise the enforcement of the antitrust, State aid and regulatory rules and obligations in the rail sector through…
What light does the European Commission’s much anticipated 130-page decision, published Monday, 19 December 2016, shed on the Commission’s case and the parties’ prospects for appeal? In the second of a series of short blogs on the Apple case, here’s a quick-look review and comment on the Commission’s decision. We know now that the Commission’s…
Introduction With great alacrity Ireland’s Competition and Consumer Protection Commission (CCPC) has intervened successfully to hold the Irish Property Owners’ Association (IPOA), an association of undertakings, to account for potentially anti-competitive behaviour. Notwithstanding the CCPC’s prompt action, its conduct nevertheless raises issues: (i) weak or under enforcement of competition law, given the IPOA’s past behaviour;…
