Austria, Competition proceedings, Confidentiality, Damages, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Digitisation, Disclosure, Enforcement, European Commission, Evidence, Germany, National competition authorities (NCAs), Procedures, Proportionality, Regulation

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

The Digital Markets Act (DMA) introduced an innovative framework aimed at promoting contestability and fairness in digital markets. In addition to imposing a multitude of substantial obligations on gatekeepers, the DMA incorporates a sophisticated and multi-faceted enforcement system. The European Commission assumes the primary role as the enforcer of the DMA, while the Member States…

Class action, Collective Redress, Competition proceedings, Damages, Germany, Private enforcement

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

With the (belated) transposition of the EU Representative Actions Directive (RAD) on 13 October 2023 by means of the RAD Implementing Act (Verbandsklagenrichtlinienumsetzungsgesetz – non-German speakers, I treat you to a beer if you can properly pronounce this Zungenbrecher), the German legislator has ventured new legal territory for collective actions. Now, four main models build the…

Competition Law 2023, European Union

(University of Vienna, Austria) and (University Carlos III of Madrid, Spain)/ /Leave a comment

2023 brought us a lot of developments in competition law and policy on the EU level. After 2020, 2021, and 2022, we continue to keep you up to date with the latest developments.   Article 101 TFEU Have we figured out by object and by effect yet? For their master or PhD thesis, students tend…

Competition law, Competition Law 2023

(University of Vienna, Austria), (University Carlos III of Madrid, Spain), and (White & Case, Belgium)/ /1 Comment

Thank you for another wonderful and eventful year in competition law and policy. Our readership grew and so did the ideas and exchanges on competition law. It is exciting to see the blog progress and your knowledge spread across the world. In 2023, the ten most read blogposts were: Deployers of High-Risk AI Systems: What…

Collective Redress, Digital markets, Digital Markets Act, Private enforcement

(University of Vienna, Austria) and (University Carlos III of Madrid, Spain)/ /Leave a comment

The Digital Markets Act has been analysed from a myriad of prisms, both from the public and private enforcement perspectives. However, less attention has been dedicated to analysing the actual content of private enforcement via collective actions, as set out explicitly in Articles 42 and 52 of the DMA. Article 42 DMA establishes that “Directive…

Competition Law 2022

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The Kluwer Competition Law Blog will remain open but will slow down a bit in the coming weeks. We hope you are having a wonderful summer! If you don’t want to miss out on reading about competition law developments in the meantime, we recommend catching up on our series on the main 2022 developments in…

Competition Law 2022, European Union

(University of Vienna, Austria)/ /1 Comment

After the last two editions of the Main Developments in Competition Law and Policy in the European Union (see for 2021 here and for 2020 here), I know you cannot wait for the 2022 edition. Let’s go!   Article 101 TFEU Are We There Yet? Single and Continuous Infringement Just when you think every story…

Costs, Damages, Disclosure, Estimation, European Court of Justice, Evidence, Liability, Litigation, Private actions, Private enforcement, Procedures

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

The judgment of the European Court of Justice (CJEU) in Tráficos Manuel Ferrer (C-312/21) provides some clarity on the compatibility of national cost rules and judicial damages estimation with EU primary law – the effective enforcement of EU competition law – and the rules of the Damages Directive. The CJEU followed AG Kokott’s opinion to…

Antitrust Writing Award

(University of Vienna, Austria) and (University Carlos III of Madrid, Spain)/ /Leave a comment

In 2022, we had many interesting and well written blogposts on the Kluwer Competition Law Blog. We are delighted to see that some of them got shortlisted for the 2022 Antitrust Writing Awards. Congratulations on this great achievement!   Please vote for these brilliant pieces: Till Steinvorth (Noerr): European Commission Changes its Policy on Providing…

Brexit, China, Competition policy, European Commission, European Union, Foreign direct investment, Foreign investment, Foreign subsidies, Foreign Subsidy Regulation, Merger control, Private investment, Property investment, Public procurement, Regulation, Remedies, State owned enterprise (SOE), Subsidies, Switzerland, Tax, Taxation, Tender, Trade Law, United Arab Emirates, United Kingdom, United States of America

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

On 12 January 2023, the new EU Foreign Subsidies Regulation (FSR) entered into force. The majority of the FSR will start to apply on 12 July 2023. The FSR constitutes a new investigatory review tool for the European Commission. It will focus on economic behaviour on the internal market by companies who received foreign subsidies…