National competition authorities (NCAs)

Apple, Digital, Digital economy, Germany, National competition authorities (NCAs), Self-preferencing

(Heinz & Zagrosek Partner mbB, Germany)/ /Leave a comment

Introduction On February 13, 2025, the Bundeskartellamt (Federal Cartel Office, “FCO”) sent its statement of objections to Apple regarding the App Tracking Transparency Framework (“ATTF”), setting out competition concerns based on a preliminary legal assessment (see press release here).  The FCO initiated proceedings under Section 19a ARC and Art. 102 TFEU on June 14, 2022…

Competition enforcement, ECN, Geopolitics, National competition authorities (NCAs), United Kingdom

(University College London) and (University of Cambridge)/ /Leave a comment

The UK’s withdrawal from the European Union put European competition policy in a somewhat awkward state. The schism left EU and UK competition law as geographical neighbours and almost identical twins in both legal form and substance, yet worlds apart in terms of their ability to coordinate. Prior to Brexit, and as the competition authority…

Art. 22, Competition policy, Killer acquisitions, National competition authorities (NCAs)

(College of Europe)/ /Leave a comment

Introduction Following the CJEU Illumina/Grail ruling the case here is made for the Commission to negotiate with the national competition authorities (NCAs) to adopt a common approach to dealing with so-called ‘killer acquisitions’ both substantively and procedurally. The concept here would be for the Commission and the NCAs to negotiate a common network notice which…

Competition policy, Czech Republic, Legislation, Merger control, Merger notification, National competition authorities (NCAs)

(Schoenherr)/ /Leave a comment

Introduction In the past two years, the Czech Competition Authority (CCA) added several new tools to its arsenal for competition enforcement. This year the CCA and the Government of the Czech Republic proposed another significant set of updates to the Czech Act No. 143/2001 Coll., on the Protection of Competition (the Act). Arguably, the most…

Amazon, Digital, Digital economy, Digital markets, Digital Markets Act, Germany, National competition authorities (NCAs)

(Heinz & Zagrosek Partner mbB, Germany)/ /Leave a comment

On April 24, 2024, the German Federal Court of Justice (FCJ) rejected Amazon’s appeal against the decision of the Federal Cartel Office (FCO) of July 2022, designating Amazon as a gatekeeper under national competition law, Section 19a ARC.  The ruling clarifies important aspects of this provision designed to capture large digital companies (see translation of…

Consumer protection, European Court of Justice, Investigations, Italy, National competition authorities (NCAs)

(University of Roma Tre) and (University of Basilicata)/ /Leave a comment

Background On September 5, the Advocate General Pikamäe is expected to deliver an opinion in the Caronte (C-511/23) and Trenitalia (C-510/23) cases. Despite the different legal bases, the cases revolve around the same question, that is whether competition law and consumer protection rules, read in the light of the effectiveness of administrative action, preclude national…

Digital competition, Digital economy, Digital markets, Digital Markets Act, Italy, National competition authorities (NCAs), Ne bis in idem, Spain

(University Villanueva, Spain)/ /Leave a comment

Approaching the summer vacation, the end of July was deemed extremely eventful for NCA enforcement actions. On 18 July, the Italian Competition Authority (ICA or AGCM) triggered a sanctioning proceeding against Google with respect to the submission to users of a request for consent to the linking of the services they offer. A few days…

Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, National competition authorities (NCAs), National court

(University Villanueva, Spain)/ /Leave a comment

The Digital Markets Act (DMA) was initially designed according to a centralised system of enforcement. At least, that was the configuration the European Commission presented within its first draft of the regulation. During the legislative process, the DMA’s enforcement system slightly pivoted to a quasi-centralised system of enforcement. National competition authorities (NCAs) of the Member…

Austria, Competition proceedings, Confidentiality, Damages, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Digitisation, Disclosure, Enforcement, European Commission, Evidence, Germany, National competition authorities (NCAs), Procedures, Proportionality, Regulation

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

The Digital Markets Act (DMA) introduced an innovative framework aimed at promoting contestability and fairness in digital markets. In addition to imposing a multitude of substantial obligations on gatekeepers, the DMA incorporates a sophisticated and multi-faceted enforcement system. The European Commission assumes the primary role as the enforcer of the DMA, while the Member States…

Czech Republic, Mergers, National competition authorities (NCAs), New Competition Tool, Sector inquiries

(Schoenherr)/ /Leave a comment

The Czech Competition Authority (CCA) recently announced that it prepared a proposal to update the Czech Competition Act (the “Act”). While at present the proposal is just a set of ideas, it indicates how Czech competition enforcement may evolve in the years to come. Crucially, the CCA suggests deploying a “new competition tool” that will…