Advocate General

Abuse of dominance, Advocate General, European Court of Justice, European Union, Merger control, Merger Thresholds, Mergers

, , , , , , (White & Case)/ /Leave a comment

Advocate General Juliane Kokott has proposed that the EU Court of Justice should find that competition authorities have the power to apply Article 102 TFEU to corporate transactions that are not reportable and test under that provision whether the transaction as such constitutes an abuse of a dominant position. However, a competition authority cannot in…

Abuse of dominance, Advocate General, European Court of Justice, Facebook, Privacy

(University Villanueva, Spain)/ /Leave a comment

On 20 September 2022, Advocate General Rantos delivers his Opinion on the much-awaited Case C-252/21 (Meta Platforms v. Bundeskartellamt). Bearing in mind the Opinion intends to pave the way for the European Court of Justice (ECJ) regarding the interpretation of the GDPR, the text resonates with competition law and its interpretation in the display online…

Abuse of dominance, Advocate General, European Court of Justice, European Union, Railway, Regulation

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In 2017 the ECJ decided in its CTL Logistics judgment (C‑489/15, CTL Logistics, ECLI:EU:C:2017:834) that national civil courts must not examine railway charges if they fall under the competence of a railway regulator under Directive 2001/14/EC (now Directive 2012/34/EU) under equity (§ 315 German Civil Code, “BGB”). AG Ćapeta recently suggested reconsidering this case law…

Advocate General, Damages, Disclosure, European Court of Justice, Evidence, Private actions, Private enforcement

(Latham & Watkins LLP) and (University of Vienna, Austria)/ /Leave a comment

Recent posts on this blog (here) have already highlighted the role that the adoption of Directive 2014/104/EU (Damages Directive or Directive) and the European Commission’s (EC) decision in case AT.39824 – Trucks, amongst other events, have played as turning points in private enforcement of competition law in the EU. The Directive has led not only…

Advocate General, Damages, European Union, Limitation Period, Private actions, Private enforcement

(Uría Menéndez)/ /Leave a comment

Advocate General Rantos delivered his Opinion in a request of a preliminary ruling by a Spanish court (case C-267/20), the Audiencia Provincial of León, the appellate court in a trucks’ cartel damages claim. In particular, Advocate General Rantos Opinion deals with the temporal scope of application of the Damages Directive; the “substantive” or “procedural” nature…

Abuse of dominance, Advocate General, Data protection, Digital economy, Digital markets, Restriction by effect

(Clifford Chance LLP)/ /Leave a comment

In early December 2021, Advocate General Rantos delivered his Opinion in a request for a preliminary ruling referred by an Italian court (Case C-377/20). Although AG Rantos’ Opinion is not yet available in English, this will be a case to watch. Indeed, AG Rantos’ Opinion has already generated interest not only because the underlying conduct…