Limitation periods are a gating item that determines if a claim will go forward. When arguing (and counter arguing) if a competition law damages claim is time-barred, the parties usually focus on the moment the period started running (i.e. the dies a quo) rather than the duration of the period or whether it was correctly…
A cooperative organization which is composed of several other associations of undertakings and individual companies can be considered, at the same time, an undertaking and an association of undertakings for the purpose of applying Article 101 TFEU to the anticompetitive conduct of such an organization. It can be fined by taking into account its own…
The ECN+ Directive had to be transposed into the national laws by 4 February 2021. Only five Member States (Germany, Hungary, Lithuania, Sweden, and the Netherlands) adopted their national implementing measures in time. On the date of this blog-post, Estonia remains as the only Member State that has not yet transposed the ECN+ Directive (see…
In Tuesday’s judgment C-253/53 – ASG 2, the European Court of Justice (ECJ) provides some clarification on the compatibility of German rules restricting the fiduciary assignment of cartel damage claims to a provider of legal services with the principle of effectiveness and the right to effective judicial protection in EU law. The ECJ took a…
The topic of the essential facility doctrine has made unexpectedly frequent appearances in EU case law over the past few years, which continues to refine the application scope of Bronner. The recent preliminary procedure in the case of Google Android Auto will inevitably become part of this process, which may have some significant consequences in…
The recent Google Shopping ruling has already sparked much debate, and an earlier blog post offers a detailed overview of the judgment itself. Building on this, this contribution’s focus is to emphasize and discuss some aspects in the academic analysis, the judgment’s broader implications and outlook for further actions. It builds upon a recently published…
The Lindenapotheke judgment by the European Court of Justice (ECJ) marks a significant development in the interplay between data protection and unfair competition law. In this data protection case, a pharmacy filed an injunction before a national court against a competitor, operating under the name Lindenapotheke, to stop the latter’s online sale of pharmacy-only medicines….
The recent judgment of the CJEU in Booking.com represents yet another development in the long series of cases concerning price parity clauses in the platform economy. In Booking.com’s case, the judgment represents the end of the line for its parity clauses. In its greater context of applying EU competition law in the digital economy, the…
On September 10, 2024, the European Court of Justice (ECJ or Court) sided with the European Commission (Commission) and ruled that two Irish subsidiaries of Apple Inc. received unlawful state aid from Ireland in the form of a tax advantage (Case C-465/20 P). Ireland has reported that it will now finalise the recovery of approximately…
On 27 June 2024, the EU Court of Justice (“CJEU”) issued its judgments in the Perindopril (Servier) case. The judgments follow a European Commission (“EC”) decision of 9 July 2014, and a series of General Court (“GC”) judgments of 12 December 2018 in relation to appeals against that EC decision. The case started with a…
