Procedures

Cartels, European Court of Justice, European Union, Evidence, Fundamental rights, General Court of the European Union, Procedures

(Advokatfirman Delphi)/ /Leave a comment

In recent years, there has been much talk of ‘due process’ and of ensuring a fair and impartial case handling by competition authorities. The EU Courts consistently stress the importance of respecting the parties’ defence rights but often end up siding with the European Commission. By finding no violation of the parties’ defence rights they…

Collective Redress, Damages, Disclosure, Effects-based, Enforcement, European Union, Evidence, Fair Fund, International Law Talk, Leniency, Liability, National competition authorities (NCAs), Podcast, Private actions, Private enforcement, Procedures, Standard of Proof

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

Two Germans meet in Graz to discuss private enforcement of competition law in the EU. Tune in for the first in-person interview of the competition edition of the International Law Talk Podcast. On a warm summer day in June, I interviewed Thomas Thiede on our favorite topic: private enforcement of competition law and its newest…

Abuse of dominance, As Efficient Competitor, Economics, Effects-based, Fundamental rights, General Court of the European Union, Procedures

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The General Court of the European Union delivered a blow to the European Commission in fully annulling its Qualcomm (exclusivity payments) decision of 2018 and a EUR 997 million fine. Qualcomm v Commission[1] is the first annulment of an Article 102 TFEU decision adopted by Commissioner Margrethe Vestager. The judgment is notably based on the…

European Court of Justice, General Court of the European Union, Procedures, State aid

(Cleary Gottlieb Steen & Hamilton LLP)/ /Leave a comment

On 2 September 2021, the Court of Justice (C-57/19 P) overturned the Judgment of the General Court of 15 November 2018 in the case Tempus Energy v Commission (T-793/14). In its ruling, the Court of Justice provided extensive guidance on which elements may (not) give rise to “doubts” as to the compatibility of a State…