The Bulgarian parliament recently adopted a number of significant amendments to the Bulgarian Protection of Competition Act (PCA). The amendments transpose into law Directive (EU) 2019/1 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 ECN+ Directive) and Directive…

The Super League (SL) might have had the lifespan of a fly, the legal questions it raised will linger on. These legal issues are of particular importance for other sports, considering that comparable questions have been raised in European American football and basketball. Therefore, the legal issues associated with the SL have the potential to…

On March 4, 2021, the Supreme Court of the Russian Federation (the Court) issued its first Guidance for Courts, the so-called Plenum, which specifically concerned competition law. The guidance wants to ensure uniformity of practice in the application of Russia’s competition law, the so-called Antimonopoly Law. Already in 2008, the former Supreme Commercial Court of…

Major amendments to competition legislation are expected to add more bite to the bark of Sweden’s antitrust watchdog. On 1 March 2021, the Swedish Competition Authority (SCA) gained a number of new powers and introduced some related changes to its routines.  Specific to Sweden but with broader resonance in real terms, this is a good…

In today’s judgment in the case C‑595/18 P – Goldman Sachs v Commission, the European Court of Justice (ECJ or Court) expanded the rebuttable presumption of decisive influence relating to the parental liability doctrine. According to the parental liability doctrine, a parent company can be liable for anti-competitive conduct of its subsidiary when the parent…

On 6 January 2020, the European Commission (EC) published an inception impact assessment that invites comments on the scope of application of EU competition law to collective bargaining agreements for the self-employed. The EC will launch in the first half of 2021 a more detailed public consultation, with a view to the possible adoption of…

The government’s draft for new competition rules, including on (digital) platforms, published in September 2020 (see here) includes a provision specifically aimed at powerful digital gatekeepers, draft Section 19a ARC.  The proposal was debated in parliament on November 25, 2020, is largely expected to be adopted more or less in its current form and to…

What to consider a restriction of competition under Article 101 (1) is complex. However, the text of Article 101 (1) refers to agreements that are anti-competitive by object or by effect. A segregation utilized in early cases such as Consten and Grundig and Société Technique Minière. Both from 1966 and both involving the appraisal under…

Introduction On 27 May 2020 the Dutch Authority for Consumers and Markets (“ACM”) imposed a fine of € 82 million on four cigarette manufacturers for indirect information exchanges in violation of Article 101 TFEU and 6 Dutch Competition Act. It is the first fine ACM has given for indirect information exchanges between competitors. The manufacturers…

Introduction On 23 September 2020 a former director of one of the North Sea shrimps cartelists was held personally liable for damage of over € 13 million by the Dutch District Court of Noord-Nederland (“Court”). According to the Court, the director’s personal involvement in the cartel qualified as improperly fulfilling his duties as a director. This…