European Court of Justice

Duty to state reasons, Equal treatment, European Court of Human Rights, European Court of Justice, Fundamental rights, Hybrid Settlement, Presumption of Innocence, Settlement

(University of Vienna, Austria) and (Max Planck Institute Luxembourg)/ /1 Comment

On March 18, 2021, in a hybrid settlement case, the Court of Justice of the European Union (CJEU) partially annulled the judgment of the General Court of the European Union (GC) for violating the obligation to state reasons and the principle of equal treatment in the calculation of the fine. The CJEU compared the situation…

European Court of Justice, Patent settlements, Pharmaceuticals, Restriction by object

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On 25 March 2021, the European Court of Justice (“ECJ”) dismissed all the appeals against the European Commission’s decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement agreements.1 The judgments largely repeat the position taken by the ECJ in its January 2020 Paroxetine judgment (see our alert). They notably confirm…

Advantage, European Court of Justice, European Union, State aid, Tax, Taxation

(Cleary Gottlieb Steen & Hamilton LLP) and (University of Vienna, Austria)/ /Leave a comment

On March 4, 2021, the Court of Justice (‘CJEU’) delivered a judgment in the State aid case Fútbol Club Barcelona (C-362/19 P), quashing the ruling of the General Court of February 26, 2019 (T-865/16) and upholding the Commission’s Decision of July 3, 2016 (SA.29769). In its judgment, the CJEU provided helpful guidance to assess the…

European Court of Justice, European Union, SGEI, State aid

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In the last decade, the EU scene has been characterised by a more flexible application of State aid rules, partially due to the persistent emergencies across the continent. But this trend has not significantly affected the application of Art. 106(2) TFEU or, more generally, the rules governing the financing of services of general economic interest…

Competition proceedings, European Court of Justice, National competition authorities (NCAs), Ne bis in idem

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In its judgment of 25 February 2021 in the case of Slovak Telekom, the European Court of Justice (ECJ) reaffirmed its jurisprudence on the ne bis in idem rule and clarifies its relationship and functioning with art. 11 (6) of Regulation 1/2003. Judging from the facts as they are presented in the ECJ’s ruling, the…

Bid-rigging, European Court of Justice, European Union, Private enforcement

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On 14 January 2021, the Court of Justice of the European Union (“CJEU”) confirmed that participation in a bid-rigging cartel ends when the basic characteristics of the contract between the “successful” tenderer and the contracting (public) authority are determined (C-450/19 – Kilpailu- ja kuluttajavirasto, ECLI:EU:C:2021:10). This has a major impact on the limitation period, which…

Competition law, European Court of Justice, European Union, Parental liability

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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…

Commitments, European Court of Justice, European Union, Proportionality

(University of Vienna, Austria)/ /2 Comments

Today, the Court of Justice annulled the Commission decision that made commitments legally binding for Paramount. This decision is the first annulment of a commitment decision since the adoption of Regulation 1/2003. The Court held, in particular, that the Commission must assess the proportionality of the commitments with regard to the protection of the contractual…

Digital economy, European Court of Justice, European Union, Facebook, Request for information (RFI)

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The Court order of 29 October 2020 struck by the President of the General Court in a dispute between Facebook and the European Commission is probably the first time in a while where the essence of a case against one of the Big Tech firms lies not in what those companies are (or are not)…

Anticompetitive agreements, Competition enforcement, European Court of Justice, France, National competition authorities (NCAs), Public procurement

, (Latham & Watkins LLP)/ /1 Comment

On 25 November 2020, the French Competition Authority (FCA) announced that it was amending its decision-making practice regarding responses to calls for tenders by subsidiaries of the same group. Up until now, the FCA considered that it was unlawful for subsidiaries of the same group to submit separate tenders in the same public procurement procedure…