Introduction This judgment of the Court of Justice (ECJ) of 13 June 2024 concerns the question if the European Commission (EC) may declare a national measure compatible with the internal market without first determining whether the measure constitutes aid within the meaning of Article 107(1) TFEU. It might be said that it does not matter…
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…
As it marked the 30-year anniversary of the Single Market, the European Council asked former Italian Prime Minister, Enrico Letta, to set out his vision for the future of the Single Market including specific proposals for its development. Letta published his report last month which, he writes, is based on 400 stakeholders’ meetings in 65…
The Digital Markets Act (DMA) entails a change in the narrative of the punitive framework applied to digital dominant undertakings under EU competition law. At least, that’s what the European’s digital strategy proposed it to be. The failure of antitrust followed a new paradigm in applying per se rules to gatekeepers, based on cooperative-like mechanisms…
On 3 May, the EC published a policy brief on labor markets. The existing legal framework allows the EC and EU national competition authorities to take decisive action against anticompetitive agreements in labor markets. Wage-fixing and no-poach agreements are detrimental to competition in labor markets and should generally be qualified as restrictions by object. Wage-fixing…
It is often said that one of the greatest things about watching an important character is people wondering when he is going to make his comeback. In 2019, thirteen days after the prohibition of Siemens’ proposed acquisition of Alstom was published by the European Commission, Germany and France issued a public Manifesto ‘for a European industrial…
What a difference five years make. In 2019, the European Union (EU) created a modest common framework for foreign direct investment (FDI) screening, Regulation 2019/452 (the FDI Regulation), stressing that decisions on proposed investments, and even the decision whether to engage in FDI screening at all, remained with EU Member States. A pandemic and two…
Introduction On 21 December 2023 the Court changed its interpretation of EU competition law. The three judgments handed down that day asked as many questions as they answered, and it was obvious that further clarification would be required. Already in January 2024 two further rulings – Case C‑128/21 Lietuvos notarų rūmai, and others and Case…
2023 brought us a lot of developments in competition law and policy on the EU level. After 2020, 2021, and 2022, we continue to keep you up to date with the latest developments. Article 101 TFEU Have we figured out by object and by effect yet? For their master or PhD thesis, students tend…
Antitrust authorities around the globe are debating how best to assess sustainability agreements, i.e., agreements to achieve environmental objectives. In the space of a few months in 2023, three leading regulators – the EU Commission, the Dutch Authority for Consumers and Markets, and the UK Competition and Markets Authority adopted guidance on the antitrust assessment…
