European Union

Cartels, Class action, Collective Redress, Consumer protection, Damages, European Court of Justice, European Union, Germany, Principle of Effectiveness, Private actions, Private enforcement, Procedures

(University of Vienna, Austria) and (University of Göttingen, Germany)/ /Leave a comment

In Tuesday’s judgment C-253/53 – ASG 2, the European Court of Justice (ECJ) provides some clarification on the compatibility of German rules restricting the fiduciary assignment of cartel damage claims to a provider of legal services with the principle of effectiveness and the right to effective judicial protection in EU law. The ECJ took a…

Competition Law 2024, European Union

(University of Vienna, Austria), (University Villanueva, Spain), and (University of Göttingen, Germany)/ /Leave a comment

2020, 2021, 2022, 2023, we continue to keep you up to date with the latest developments in competition law and policy on EU level. To say it with Philip Marsden ‘step back, nibble some chocolate’ and read on the competition law developments in 2024 – competition law made easy!   Article 101 TFEU In 2024,…

Competition policy, European Union, Rule of Law

(University of Amsterdam) and (Centre for Antitrust and Regulatory Studies, Faculty of Management, University of Warsaw)/ /1 Comment

Over the past months, various discussions and debates have taken place concerning the future path of EU competition policy. Central to these discussions was the Draghi Report calling to revamp the EU’s competitiveness and launch a new industrial policy. Some of these discussions were described as reviving “old Europe” mindset and proposing policy directions that…

Abuse of dominance, Algorithms, Antitrust, Digital, Digital competition, Digital economy, Digital markets, Digitisation, Discrimination, Dominance, European Court of Justice, European Union, Evidence, Google

(University of Göttingen, Germany), (University of Vienna, Austria), and (LMU Munich)/ /Leave a comment

The recent Google Shopping ruling has already sparked much debate, and an earlier blog post offers a detailed overview of the judgment itself. Building on this, this contribution’s focus is to emphasize and discuss some aspects in the academic analysis, the judgment’s broader implications and outlook for further actions. It builds upon a recently published…

Competition enforcement, Competition policy, Digital competition, European Commission, European Union, New Competition Tool

, , , , (White & Case)/ /Leave a comment

The Draghi Report proposes substantial reform in the area of competition law, notably offering a critical assessment of recent policies implemented by the European Commission in merger control and antitrust enforcement. The Report will serve as a potential blueprint for Teresa Ribera Rodríguez, the Competition Commissioner-Designate and the European Commission to shape and execute competition…

Competition policy, European Commission, European Union, Guidelines, Killer acquisitions, Merger control

(Norton Rose Fulbright, Belgium) and , (Analysis Group)/ /1 Comment

Executive Vice President Vestager’s momentous tenure as Commissioner responsible for EU competition policy is nearing its end. EVP Vestager will leave her successor with a full agenda, including the first full-scale revamp of the Commission’s basic antitrust procedural rules in over 20 years, finalizing the controversial guidelines on exclusionary abuses under Article 102 TFEU and…

AI, Competition policy, Digital economy, Digital markets, Digital Markets Act, European Commission, European Union, Foreign Subsidy Regulation, Innovation, Market investigations, Merger regulation, New Competition Tool, Objectives of Competition Law

(Centrum für Europäische Politik)/ /Leave a comment

As the European Commission prepares for a new mandate under President Ursula von der Leyen later this year, former ECB President Mario Draghi – famous for his “whatever it takes” approach to saving the Euro – has now turned his focus to the future of EU competitiveness in the digital age. His long-awaited report, commissioned…

Abuse of dominance, European Court of Justice, European Union, Market definition, Patent settlements, Pharmaceuticals

(Geradin Partners)/ /Leave a comment

On 27 June 2024, the EU Court of Justice (“CJEU”) issued its judgments in the Perindopril (Servier) case. The judgments follow a European Commission (“EC”) decision of 9 July 2014, and a series of General Court (“GC”) judgments of 12 December 2018 in relation to appeals against that EC decision. The case started with a…

Abuse of dominance, Competition policy, European Commission, European Union, Exclusionary Abuse, Guidance, Presumptions

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

The European Commission has published for public consultation its long-awaited draft Guidelines on exclusionary abuses (draft Guidelines). The draft Guidelines aim at making it faster and easier for the Commission to pursue abuse of dominance cases, in particular by classifying a number of practices as “presumptively harmful”. This represents a marked departure from the 2008…

European Commission, European Union, Foreign subsidies, Foreign Subsidy Regulation, Guidance

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

The EU Foreign Subsidies Regulation, or FSR, is intended to prevent or remedy distortions of the EU internal market caused by “foreign” – meaning non-EU – subsidies benefitting companies active in the EU.  The FSR draws on EU merger control, State aid and trade law, but it also introduces new legal concepts and procedures not…