Economics

Cartels, Damages, Economics, Estimation, Germany, Information exchange

(Oxera Consulting LLP)/ /1 Comment

Introduction Cartel damages proceedings are a highly interdisciplinary endeavour between lawyers and economists in many jurisdictions, including Germany. Lawyers and courts in such proceedings must, among other things, answer a fundamentally economic question—namely, what would have been the price in a market absent the infringement? In addition, the European Damages Directive of 2014 has set…

Cartels, Damages, Economics, Estimation, Spain

(IE Law School)/ /1 Comment

Introduction Nowadays, it is not uncommon for Spanish courts to have to rule on disputes where there is uniformity in the facts and the applicable legal rules. In civil courts, mass litigation arose as a result of nullity suits filed by consumers in banking and financial matters regarding contracts for the subscription of banking products…

Anticompetitive agreements, Cartels, Competition enforcement, Damages, Economics, Estimation, Evidence, National court, Private enforcement, Spain

(IE Law School)/ /Leave a comment

Introduction Three weeks ago, the Spanish Supreme Court delivered its first rulings on damages claims in the trucks cartel. Given that Spanish courts have been the most active in the EU on this case (see the stream of judgments issued by the Courts of Appeal in Figure 1, 85% are available at CENDOJ), there was…

Consumer welfare, Economics, Financial markets, National competition authorities (NCAs), Switzerland

, (KU Leuven)/ /Leave a comment

The collapse of Crédit Suisse and its subsequent takeover by UBS has produced far-reaching effects, affecting the global banking landscape. Financial stability considerations and market turmoil surrounding the takeover have been widely discussed in the media. Other perspectives, however, have received relatively little attention. In this blog post, we consider a number of competition law…

Abuse of dominance, Amazon, Digital competition, Digital economy, Digital markets, Digital Markets Act, Economics, Europe, United States of America

(Intui Attorneys)/ /Leave a comment

Lawmakers and Amazon.com are involved in a constant cat-and-mouse game. Amazon.com is the big winner when consumers and businesses extensively use its digital ecosystem. As a reaction, lawmakers regulate big tech companies to protect end users and business users. This blog post argues that these regulations are not always effective and that their application is…

Abuse of dominance, As Efficient Competitor, Economics, European Court of Justice, European Union, Exclusive dealing, Italy, National competition authorities (NCAs), National court, References for a preliminary ruling

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

On 19 January 2023, the EU Court of Justice, answering questions from the Italian Council of State, confirmed that the Intel effects-based approach applies also to exclusive dealing practices and held that competition authorities must duly examine economic evidence produced by dominant undertakings. The court also held that, under certain narrow circumstances, conduct implemented by…

Abuse of dominance, As Efficient Competitor, Economics, Effects-based, Fundamental rights, General Court of the European Union, Procedures

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The General Court of the European Union delivered a blow to the European Commission in fully annulling its Qualcomm (exclusivity payments) decision of 2018 and a EUR 997 million fine. Qualcomm v Commission[1] is the first annulment of an Article 102 TFEU decision adopted by Commissioner Margrethe Vestager. The judgment is notably based on the…

Anticompetitive agreements, Antitrust, Collusion, Economics, European Commission, Guidelines, Horizontal, Joint Bidding, Pharmaceuticals, Price fixing, Restriction by object

(Szecskay Attorneys-at-Law, Hungary)/ /Leave a comment

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…

Damages, Economics, Evidence, Germany

(University of Vienna, Austria)/ /3 Comments

Last week, the German Federal Court of Justice published its April 2021 judgment in Trucks II. The German Court – always good for a surprise – was overall less favourable to the claimant. In particular, it emphasised the role of economic party opinions and regression analysis, especially in relation to the factual presumption of price…

Digital markets, Economics, Russia

(Elbert, Nazaretsky, Rakov & Co)/ /Leave a comment

The digitalisation of the modern economy poses new diverse tasks for the legislator and dispute resolution bodies. It is expected that said digitalisation will affect various industries and segments of the economy. In this sense, relations pertaining to the protection of competition will also be affected by the mentioned process. Particular attention is drawn to…