European Union

Competition law, Consultation, European Commission, European Union, Labour market, Platforms, Taxation

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

On 6 January 2020, the European Commission (EC) published an inception impact assessment that invites comments on the scope of application of EU competition law to collective bargaining agreements for the self-employed. The EC will launch in the first half of 2021 a more detailed public consultation, with a view to the possible adoption of…

Consultation, European Commission, European Union, VBER, Vertical agreements, Vertical restraints

(Norton Rose Fulbright, Belgium)/ /Leave a comment

The European Commission (the Commission) closed out its ambitious 2020 antitrust reform agenda with the long-awaited consultation (the Consultation) on reform of the Vertical Block Exemption Regulation (the VBER) and related Guidelines (the VGL), published on December 18, 2020.  The Consultation’s proposals, which closely follow the Commission’s October 2020 Inception Impact Assessment (the Inception Impact…

Competition Law 2020, European Union

(University of Vienna, Austria)/ /1 Comment

What an eventful year, also for competition law. The Kluwer Competition Law Blog has a little treat for you: a series of posts on the main 2020 developments in key jurisdictions by many of our dear contributors. We will release a number of articles in the next month. Today, we kick off with the EU!…

Abuse of dominance, Amazon, Digital markets, E-commerce, European Commission, European Union, Online platforms

(Vienna University of Economics and Business)/ /Leave a comment

Large platforms acting as “digital gatekeepers” are increasingly drawing competition agencies’ attention. While no legal definition of a “gatekeeper” has been laid down yet,[1] this concept is meant to cover platforms that rely on significant network effects. A “gatekeeper” may also be a go-between, controlling access from one point to another. However, gatekeepers may refuse…

Algorithms, Big data, Digital economy, Digital markets, Digital Markets Act, Digital Services Act, E-commerce, European Commission, European Union, New Competition Tool, Online platforms, Platforms, Vestager

(Loyens & Loeff, Netherlands) and (Loyens & Loeff)/ /Leave a comment

“I’ve been wondering how to give a metaphor because these are two quite complex proposals. And the best thing I came to think of was the first-ever traffic light that brought order in the streets, that was actually in the US, in Cleveland Ohio. And that was invented as a response to a major technological…

Damages, European Commission, European Union, Private enforcement

(University of Vienna, Austria)/ /Leave a comment

Ever since the 2001 Courage judgment, private actions for damages are on the rise. The Commission wanted to quickly follow with a legislative act including minimum standards for private enforcement across the EU. In the end, it took a while. In 2005, the authority published a Green Paper, in 2008 a substantially amended White Paper….

European Union, Foreign subsidies, White Paper

(Norton Rose Fulbright, Belgium)/ /Leave a comment

Adopting new tools to combat the effects of foreign subsidies is a top European Union (EU) priority for 2021; a no-deal Brexit would raise the stakes for this initiative significantly.   The European Commission (EC) believes that non-European State-owned enterprises (SOEs) and other companies receive subsidies that can distort competition in the European single market.  Trade…

European Union, Platforms, Restriction by object

(University of Copenhagen)/ /Leave a comment

The rise and proliferation of the online economy, centred specifically on platforms, has opened new opportunities for private individuals to sell their labour in new and more flexible ways. Either full or part-time or when convenient or requested. However, this has also created conflicts as unions see the increased utilization of freelancers and the self-employed…

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)

(Deloitte Legal)/ /Leave a comment

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)…