Introduction State aid rules have existed since the Rome Treaty and have a negative integration logic: Member States should refrain from distorting competition by helping their own undertakings (an in-depth analysis on state aid, in Hancher, Ottervanger and Slot, see here). These rules naturally trigger tension between what Member States can do with their money…
2022 saw several important competition law developments in Greece, both in the legislative sphere and at the level of the national regulator. The Greek Competition Commission (“HCC”) remained very busy, continuing its work from the previous years and launching various interesting new initiatives. Modernisation of Greek competition law: Amended Greek Competition Act In January…
On February 7, the Competition Appeals Tribunal (CAT) delivered its first judgment on the merits of the claims for damages concerning the cartel of truck manufacturers ([2023] CAT 6). The judgment resolves the first two processes against DAF Trucks NV that had been initiated by Royal Mail and British Telecom (1284/5/7/18 (T) and 1290/5/7/18 (T))…
Introduction On 24 March 2023, China’s antitrust authority – the State Administration for Market Regulation (“SAMR”) – issued four regulations implementing the recently amended Anti-Monopoly Law (“AML”): Regulation Prohibiting Monopoly Agreements (“Agreements Regulation”); Regulation Prohibiting Conduct Abusing a Dominant Market Position (“Abuse of Dominance Regulation”); Regulation on the Review of Concentrations between Business Operators (“Merger…
On 13 March 2023, the Ministry of Economic Affairs and Climate of The Netherlands published the first draft of its implementing regulation (the ‘Draft Bill’) subject to public consultation until the 10th of April, to attribute its national competition authority (ACM) with the power to monitor compliance with the DMA in its national territory. The…
Are big companies necessarily bad? If they are, how can we ensure that companies do not become too big and too bad? How can markets remain free, fair and competitive? Competition law has tried to answer these questions for centuries, with the most recent debates revolving around the alleged anti-competitive conduct of large tech companies….
Competition Policy in Wartime Over a year, Ukraine courageously resists a full-scale attack by Russian troops and fights for its freedom, independence, and territorial integrity. This reality affects all the processes in the country. Competition policy is no exception (see previous posts on the Kluwer Competition Law Blog on this topic here). This overview describes…
Introduction Long before the Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (the “Directive”), the Czech Republic had passed an Act on significant market power in the sale of agricultural and food products and its abuse (the “Act”). At the beginning of its effectiveness in 2010,…
In Goethe’s famous poem “Der Zauberlehrling”, a sorcerer’s apprentice enchants a broom to do the work for him, using magic in which he is not yet fully trained. The floor is soon flooded with water, and the apprentice realizes that he cannot stop the broom because he does not know how. His famous words “The…
Cartels Legal Framework and Procedure Guidance on the Reduction of Fines In January 2022, the Austrian Federal Competition Authority published guidance on the reduction of fines under the Austrian leniency programme, which applies to undertakings that do not qualify for full immunity. The substantive conditions for immunity and leniency in Austria and the applicable fine…
