European Court of Justice Archives - Page 8 of 10

ECN, European Court of Justice, National competition authorities (NCAs), References for a preliminary ruling, Spain

National Competition Authorities and Article 267 TFEU: the ECJ’s take on the referral by the Spanish Commission on Markets and Competition and its implications

Lena Hornkohl (Deputy Editor) (University of Vienna, Austria)/September 22, 2020September 28, 2020 /Leave a comment

A welcome post by the new Deputy Editor Introduction and summary In the recent Anesco case, the ECJ held the preliminary request of the Spanish National Commission on Markets and Competition (CNMC) inadmissible due to the fact that the CNMC was not a ‘court or tribunal’ for the purpose of Article 267 TFEU. The ECJ…

European Court of Justice, European Union, Restriction by object

The Sisyphean quest for a clear test – on ‘by object’ methodology, gin & tonics, and Budapest Bank

Sam MacMahon Baldwin (Szecskay Attorneys-at-Law, Hungary)/May 4, 2020May 4, 2020 /1 Comment

Sisyphus was a Greek mythological figure who was condemned to roll an immense boulder up a hill only for it to roll down every time it neared the top. Repeating this action for eternity. The quest for a clear and operational methodology for finding a restriction of competition ‘by object’ feels similar sometimes….

European Court of Justice, European Union, Gun jumping, Mergers

Gun jumping: AG Tanchev tells European Court of Justice that Marine Harvest should receive one fine, not two

Jean-Nicolas Maillard, Camille Keres (Dentons)/October 21, 2019October 18, 2019 /Leave a comment

There has been an important milestone in the search for more legal certainty in gun-jumping cases: On September 26, 2019, Advocate General (AG) Tanchev issued his opinion in the Marine Harvest case (C-10/18 P) and recommended that the European Court of Justice (CoJ) partially annul Marine Harvest’s gun-jumping fine. Below we take a look at…

European Court of Justice, European Union, Restriction by effect, Restriction by object

AG Bobek’s opinion in Budapest Bank: On object vs. effect, fish and lilies

Yves Botteman, Camille Keres (Dentons)/October 4, 2019October 4, 2019 /Leave a comment

On September 5, 2019, Advocate General Bobek published his opinion in the Budapest Bank case (C-228/18). The opinion provides very clear and practical guidance on the concept of restriction of competition by object – a subject that has long been a bone of contention among competition practitioners, enforcers and courts. The opinion is also noteworthy…

Cartels, Damages, European Court of Justice

Court of Justice ruling in Skanska: EU competition law concept of ‘undertakings’ and principle of economic continuity to the rescue in civil damages claims

Chantal Lavoie (Lavoielegal)/March 22, 2019March 22, 2019 /Leave a comment

In its preliminary ruling in Skanska Industrial Solutions and Others[1], the Court of Justice has ruled on the fundamental question of who is liable to pay compensation in an action for damages for breach of Article 101 TFEU. Is the answer to be found in EU law or national law? Can the person liable to…

Economics, European Court of Justice, European Union, Mergers

EU Court confirms the need for transparency and full disclosure of economic analyses in EU merger cases (UPS/TNT)

James Killick, Assimakis Komninos (White & Case)/January 22, 2019January 22, 2019 /Leave a comment

On 16 January 2019, the Court of Justice of the European Union (“CJEU” or “Court”) dismissed the European Commission’s appeal against the annulment of its decision to prohibit the acquisition of TNT by UPS. The CJEU stressed the importance of respecting companies’ rights of defence as regards economic analysis and methodology used in merger control….

Abuse of dominance, European Court of Justice, European Union, Jurisdiction clauses, Private actions

Competition Disputes: Will a Jurisdiction Clause Govern Where They are Brought?

Catherine Derrig, Philip Andrews (McCann FitzGerald)/December 7, 2018December 6, 2018 /Leave a comment

The European Court of Justice (CJEU) held recently in Apple Sales International v MJA acting as liquidator of eBizcuss.com[1] that claims alleging abuse of a dominant position could come within the terms of a jurisdiction clause even where the clause did not expressly refer to claims based on competition law. Relevant Rules The rules…

Competition, European Court of Justice

The MEO ruling: applying Intel to discriminatory pricing

Jakob Dewispelaere (Sidley Austin LLP)/April 25, 2018April 25, 2018 /1 Comment

On 19 April 2018, the Court of Justice (CJEU) issued an important ruling in the MEO case on the interpretation of Article 102(c) TFEU.[1] Article 102 prohibits, as incompatible with the EU’s internal market, any abuse by one or more undertakings of a dominant position in so far as it may affect trade between Member…

Cartels, European Commission, European Court of Justice

General Court Rejects Edeka’s Appeal in Relation to the Disclosure of EURIBOR Documents from EC File

James Hain-Cole (Cuatrecasas)/February 27, 2018February 27, 2018 /Leave a comment

In a judgment dated 5 February 2018, the General Court of the EU (the “General Court”) rejected the appeal by German retailer Edeka–Handelsgesellschaft Hessenring’s (“Edeka”) against a decision by the European Commission (the “Commission”) refusing Edeka’s application to obtain access to material classified by the Commission as confidential during its investigation into alleged manipulation of…

European Court of Justice, Mergers

AG Wahl in EY/KPMG – the latest on gun-jumping

Thomas Wilson (Kirkland & Ellis, Belgium)/January 19, 2018January 19, 2018 /Leave a comment

Most merger control regimes provide for so-called stand-still obligations, i.e. the parties cannot implement the transaction until the necessary merger clearances have been received from the relevant competition authorities. This means in particular that the acquiring company cannot starting controlling the target’s business prior to closing – no “gun jumping” is allowed. Competition authorities have…