The recent judgment of the CJEU in Booking.com represents yet another development in the long series of cases concerning price parity clauses in the platform economy. In Booking.com’s case, the judgment represents the end of the line for its parity clauses. In its greater context of applying EU competition law in the digital economy, the…

Malta’s Office for Competition (“the Office”) has issued a press release, noting that on the 18 September 2024, it issued a decision prohibiting the acquisition by Lidl Immobiliare Malta Limited (“Lidl”) of property owned by Said Investments Limited and leases belonging to another major supermarket chain on the island (“Scott’s”) bringing a tentative end to…

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…

On June 6, 2024, AG Collins rendered his opinion in the referral request by the Amsterdam District Court (“ADC”) regarding price parity clauses and product market definition in the context of litigation involving Booking.com (“Booking”), the online platform acting as an intermediary between end customers and hotels, also called online travel agent (OTA).   Summary…

Many of the most challenging transactions reviewed under the EU Merger Regulation (EUMR) in recent years involved their likely effects on non-price competitive factors: innovation; quality and product differentiation; data protection and privacy; sustainability; and capacity and reliability of supply.  These topics are discussed briefly, or not at all, in the Commission’s guidelines on the…

On 8 February 2024, the Commission published the long-awaited final text of the revised Market Definition Notice. Over a quarter of a century after the adoption of the first Market Definition Notice in 1997, we have a new and improved version ready for the modern age. The revised Notice covers a lot of ground: it…

On 12 July 2023, the Spanish National Markets and Competition Commission (CNMC) issued its decision in the case S/0013/21 – Amazon/Apple Brandgating (the Decision) imposing a fine of €143.6 million on Apple and Amazon for restricting inter and intra-brand competition in the sale of Apple products on the Spanish Amazon marketplace contrary to Articles 1…

Factual background During the summer of 2020, news came out about a claim made by Slack against Microsoft for abusing its dominance by tying Teams to the Microsoft and Office 365 software packages. The claim at the time was that Microsoft had been forcing millions of users to install Teams and denied them the possibility…

Introduction Latin America as well as Chile, have developed a nascent practice in digital markets in the last years. According to a recent survey, between 2015 and 2023 Latin American competition authorities have led 99 investigations, including enforcement activity (both regarding cartel and unilateral conduct) and advocacy. In the case of Chile, the competition authority…

In November 2022, the European Commission published its draft revision of the Market Definition Notice. This is the first time the Notice was revised since its adoption in 1997. The draft revised Notice on Market Definition is an impressive piece of work, which makes clear strides in updating the Market Definition Notice for the future….