European Court of Justice

European Commission, European Court of Justice, General Court of the European Union, Gun jumping, Merger control, Merger notification, Merger regulation, Merger Thresholds, Mergers

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On 9 November 2023, the European Court of Justice (ECJ) confirmed that the European Commission (EC) was right to impose two separate fines on Altice for breaching standstill rules and failing to notify its acquisition of PT Portugal, but lowered the fine for failure to notify by €3.1 million. The European Union (EU) merger control…

Collective Redress, Damages, Digital, European Court of Justice, Jurisdiction, Jurisdiction clauses, Jurisdictional clause

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The District Court of Amsterdam indicated in a decision published on 22 August 2023 that it intends to refer preliminary questions to the European Court of Justice (ECJ) on regional jurisdiction (also referred to as ‘territorial’ jurisdiction) in the context of a WAMCA (Act on Damages Claims in a Collective Action) collective action claim brought…

Competition policy, Competition proceedings, European Court of Justice, Fundamental rights, Guidelines, Türkiye

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With its decision issued on 30 March 2023 (Storytel Decision), the Turkish Competition Authority (TCA) evaluated Storytel Turkey Yayıncılık Hizmetleri A.Ş.’s (Storytel) claim that some documents obtained during on-site inspections were covered by attorney-client privilege. This post presents a comparative analysis of the TCA’s approach regarding attorney-client privilege presented in the Storytel decision and the…

Abuse of dominance, Czech Republic, Damages, European Court of Justice, National court, Private actions, Private enforcement

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Summary of Facts On 21 September 2023 the Advocate General Juliane Kokott presented her opinion in the Case C-605/21, Heureka Group a.s. v. Google LLC. The opinion addresses a request for a preliminary ruling from the Prague Municipal Court, which is hearing Heureka’s follow-on action against Google based on the Commission’s Decision C(2017) 4444 final…

Abuse of dominance, Data protection, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission, European Court of Justice, Germany, Google, National competition authorities (NCAs)

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On 5 October 2023, the German competition authority adopted its first tangible evidence of enforcement surrounding its new competition rules (Section 19a GWB) directed at undertakings with paramount significance for competition across markets on its case against Google for its data processing terms (see the Bundeskartellamt’s decision designating Alphabet here and a previous comment on…

Abuse of dominance, Advocate General, Anticompetitive agreements, European Court of Justice, European Union, Sport, Sports law

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Introduction One of the biggest controversies in European football right now is the fight between UEFA, Europe’s continental football association, and the European Super League (ESL), a proposed breakaway league composed of some of the biggest clubs and commercial names in the sport; a case arising out of the dispute recently reached the European Court…

Advocate General, European Court of Justice, European Union, Fundamental rights, Regulation, SGEI

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My previous comment on Case-50/21 Prestige and Limousine SL v Área Metropolitana de Barcelona et al (see here) started with the following question: “Are the Supposed Regulatory Privileges of the Taxi Sector Coming to an End? The Opinion of AG Szpunar in Case C‑50/21”. The conclusions in the ECJ judgment of June 8, 2023 (Judgment)…

European Court of Justice, Foreign direct investment, Fundamental rights, Hungary, Regulation

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Loosely based on the lyrics of the band Wu-Tang Clan, the Court of Justice of the European Union (CJEU) took a closer look at the acquisition of a Hungarian gravel pit in its judgment of 13 July 2023, C- 106/22, and found some rather big “stones” to turn around with regard to FDI in Europe….

Ancillary, Anticompetitive agreements, Burden of Proof, Competition enforcement, Enforcement, European Court of Justice, Germany, References for a preliminary ruling, Regulation, Restriction by object, Sport

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Sport itself is all about the competition on the pitch. However, sports federations’ actions and regulations have come increasingly into the focus of competition watchdogs and courts worldwide. A well-known example is the dispute over the establishment of the European Super League. As the recently announced merger between golf associations PGA and L.I.V. demonstrates, competition…

European Court of Justice, Exemptions, National competition authorities (NCAs), National court, Portugal, Price fixing, Resale price maintenance, Restriction by object, Unilateral effects, Vertical agreements

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Introduction On 29 June 2023, the European Court of Justice (ECJ or Court) issued its judgment in case C-211/22, where it reiterates the legal framework applicable to vertical price fixing agreements under EU competition law. The focus on the need to assess the legal and economic context in which the agreement is celebrated is particularly…