European Court of Justice

Abuse of dominance, Algorithms, Antitrust, Digital, Digital competition, Digital economy, Digital markets, Digitisation, Discrimination, Dominance, European Court of Justice, European Union, Evidence, Google

(University of Göttingen, Germany), (University of Vienna, Austria), and (LMU Munich)/ /Leave a comment

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…

Data protection, European Court of Justice, Pharmaceuticals, Unfair competition, Unfair trading practices

(Vrije Universiteit Brussel)/ /Leave a comment

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….

Ancillary, Digital competition, Digital economy, European Court of Justice, Market definition, Platforms, Pricing

(Leiden University)/ /Leave a comment

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…

Apple, European Court of Justice, State aid, Subsidies, Tax, Taxation

, , , , , , (Skadden)/ /Leave a comment

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…

Abuse of dominance, European Court of Justice, European Union, Market definition, Patent settlements, Pharmaceuticals

(Geradin Partners)/ /Leave a comment

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…

Consumer protection, European Court of Justice, Investigations, Italy, National competition authorities (NCAs)

(University of Roma Tre) and (University of Basilicata)/ /Leave a comment

Background On September 5, the Advocate General Pikamäe is expected to deliver an opinion in the Caronte (C-511/23) and Trenitalia (C-510/23) cases. Despite the different legal bases, the cases revolve around the same question, that is whether competition law and consumer protection rules, read in the light of the effectiveness of administrative action, preclude national…

European Court of Justice, Information exchange

(Baker McKenzie)/ /1 Comment

At a glance… Despite fielding a referral question on information exchange and ‘by object’ violations which could easily have been met with a ‘slam dunk’ but anodyne judgment, the top EU Court’s analysis turns out to be a useful lesson on the anatomy of a ‘by object’ violation in relation to standalone information exchanges. It…

Cartels, Damages, Disclosure, European Court of Justice, European Union, Principle of Effectiveness

(University of Göttingen, Germany) and (University of Vienna, Austria)/ /Leave a comment

In recent years, the landscape of antitrust damages actions in the European Union has evolved significantly, guided by landmark rulings from the Court of Justice of the European Union (CJEU). Our recent paper provides a comprehensive overview of these developments as part of the Yearbook on Procedural Law of the Court of Justice of the…

Advocate General, Ancillary, European Court of Justice, Exemptions, Market definition, Pricing

(Heinz & Zagrosek Partner mbB, Germany)/ /1 Comment

On June 6, 2024, AG Collins rendered his opinion in the referral request by the Amsterdam District Court (“ADC”) regarding price parity clauses and product market definition in the context of litigation involving Booking.com (“Booking”), the online platform acting as an intermediary between end customers and hotels, also called online travel agent (OTA).   Summary…

European Court of Justice, Fines, Interest

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

The European Court of Justice has issued its judgment in Deutsche Telekom confirming that the European Commission must pay “a standard rate” of interest to companies that have been awarded a reduction or annulment of their antitrust fine on appeal. The European Commission must now apply this clear ruling to a number of claims for…