The European Commission’s horizontal guidelines are an invaluable tool for practitioners in antitrust compliance work. The team at Unit A1 in DG COMP have done a great job at further developing the guidelines in the new draft that was published for stakeholder comments on 1 March 2022. Today, the EU & Competition team at Szecskay…

    Sisyphus was a Greek mythological figure who was condemned to roll an immense boulder up a hill only for it to roll down every time it neared the top. Repeating this action for eternity. The quest for a clear and operational methodology for finding a restriction of competition ‘by object’ feels similar sometimes….

On January 30 2019, the Danish Competition Council (the “DCC”) found that ambulance services provider, Falck, had abused its dominant position under Article 102 TFEU. The DCC held that following a failed tender bid to the Region of Southern Denmark, the company devised a comprehensive internal and external communications’ strategy to make it difficult for…

It is almost impossible these days to attend a competition law conference without the topic of ‘Competition law in the digital era’ making up part of the agenda. In addition, enforcers are publishing policy documents on this topic at a rate that makes it a challenge to keep up for even the most diligent competition…

Antitrust enforcers are good at regularly reminding the competition law community that the various forms of abuse of dominance listed in Article 102 TFEU are not exhaustive. Indeed, the idea of what conduct falls outside “competition on the merits” is ever evolving. And this can make it difficult for practitioners to set clear lines on…

The CJEU’s judgment in MEO earlier this year seemed to be a welcome, final piece of the puzzle in the legal framework for analyzing when price discrimination is abusive. It was now relatively settled, it seemed, that for price discrimination to be an abuse of dominance, it must generally fall into one of two boxes…

The question of what constitutes a restriction of competition ‘by object’ has forever been intensely discussed and heavily litigated across the EU. As AG Kokott stated in her opinion in T-Mobile, the existence of an ‘object’ box is justified by the benefit of legal certainty and, not least, the need for conserving resources of competition…

The ink has barely dried on the DCCA’s new guidelines on joint bidding – see recent blogpost here – before a court has overturned the landmark infringement decision on which much of the guidelines are based. In its unanimous judgment containing little more than two pages of reasoning, the Danish Maritime and Commercial Court has…

As parents we tell our children that “sharing is caring” and “never be afraid to ask for help”. Although these are generally virtuous notions and good lessons to live by, they could easily get businesses into serious trouble with competition authorities. And even get you fined heavily or put in prison. Most businesses know very…