Last week, the German Federal Court of Justice published its April 2021 judgment in Trucks II. The German Court – always good for a surprise – was overall less favourable to the claimant. In particular, it emphasised the role of economic party opinions and regression analysis, especially in relation to the factual presumption of price…
Despite the best efforts of the European legislator, in some European Member States private enforcement of competition law, that is, private litigation for compensation of cartel overcharges is meagre at best. One of the numerous reasons why private enforcement of competition law mostly fails is the lack of meaningful provisions for determining the damage suffered,…
On 22 October 2020, the European Court of Justice (ECJ) confirmed in Silver Plastics that the General Court (GC) is not bound to accept a request for the examination of witnesses when it has sufficiently proven that an undertaking took part in an anti-competitive agreement. Executive Summary The ECJ has confirmed that there is…
On 21 October 2020, during the kick-off event of the EU-funded Twinning Project, the Antimonopoly Committee of Ukraine (the “AMC“) announced that it is preparing the draft law that will introduce amendments to the Ukrainian merger filing thresholds. The AMC will submit the draft law to the Ukrainian Parliament early this November and expects it…
On 5 October 2020, the General Court of the European Union (GC) partially annulled decisions of the European Commission (EC) to order on-the-spot inspections (dawn raids) of a number of French retailers[1]. The GC held that the EC did not have sufficiently strong evidence to launch dawn raids in respect of some of the suspected…
