On June 30, in the final hours of the French Presidency, the European Council and the European Parliament announced agreement on a regulation on distortive foreign subsidies (the Foreign Subsidy Regulation, or FSR).  The FSR creates a unique new antitrust regime to combat distortions of competition in the European Union (EU) caused by subsidies multinationals…

In European competition law, both Article 101 and 102 TFEU inquiries require a contextual approach to the dispute at hand. Since enforcers must consider any agreement or business activity within the economic, legal, and factual context of which it forms part, regulatory regimes become important guideposts for any competition analysis. This point has been emphasized…

The rapid development of digital markets has been posing major challenges to competition authorities for some time. The ‘internet giants’ consisting of Google, Amazon, Facebook, Apple and Microsoft have as already known been able to gain and consolidate strong market positions faster than in analogue markets. The previous antitrust law was, according to the own…

In the wake of the recent hearing of the CJEU in the German Facebook case, this post assesses two common views on the integration of competition law and privacy policy, providing a general overview of the debate we are currently facing and reflecting on its apparent future.   How privacy is relevant for competition law?…

On 18 May 2022, the EU General Court (the “GC”) upheld the European Commission’s (the “EC”) €28 million fine imposed on Canon for gun-jumping in the context of a (somewhat unique) so-called warehousing structure. The judgment confirms that structures such as the one at issue are not allowed under EU law without an express derogation…

On 10 May 2022, the European Commission (“EC”) published a new Vertical Block Exemption Regulation (“VBER”) and guidelines on vertical restraints (“Vertical Guidelines”) that will enter into force on 1 June 2022. The package introduces important changes for the treatment of distribution agreements under EU competition law, in particular to the rules governing the combination…

Exactly one year after the European Commission (Commission) proposed the Anti-Subsidy Regulation (the Regulation) (discussed on KCLB already here and here), on May 5, 2022, EU legislators launched their “trilogue” negotiations to reach an agreement on the final text. The Regulation is a global first. It combines elements of traditional merger control, EU State aid review…

In 2017 the ECJ decided in its CTL Logistics judgment (C‑489/15, CTL Logistics, ECLI:EU:C:2017:834) that national civil courts must not examine railway charges if they fall under the competence of a railway regulator under Directive 2001/14/EC (now Directive 2012/34/EU) under equity (§ 315 German Civil Code, “BGB”). AG Ćapeta recently suggested reconsidering this case law…

In the coming years, data collected by vehicles will be subject to a new EU regulatory regime consisting of horizontal rules applicable across many industries and vertical rules designed specifically for the automotive sector.  In February 2022, the EU Commission adopted a proposal for a new Data Act, which is currently working its way through…

On 24 February 2022, Russia invaded the territory of Ukraine and triggered the largest European war since 1945. The war has led to unprecedented loss of human lives and the biggest refugee crisis since World Word II, according to the UNHCR. At this stage, the economic impact of the war is difficult to predict. Some…