Proportionality

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…

App stores, Apple, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission, Fines, Proportionality, Unfair trading practices

(Leiden University)/ /Leave a comment

After almost three years since the Commission sent Apple its statement of objections, which was significantly trimmed down, the Commission reached a finding of abuse for which it imposed a whopping fine of 1.8 billion euros. Alongside this case, Apple was also involved in an almost identical case running parallel in the Netherlands, with similar…

Double jeopardy, Italy, Procedures, Proportionality, References for a preliminary ruling

(Università Roma Tre)/ /1 Comment

The contested decision With decision No. 30086 of 29th March 2022, the Italian Competition Authority (ICA) imposed a fine of more than 3.7 million euros on Caronte & Tourist S.p.A. (CT) for excessive pricing in the market for Strait of Messina’s ferry services for passengers with vehicles, where it holds a dominant position. The legal…

Amazon, Apple, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Digital Services Act, Ex ante regulation, Facebook, Google, Governance, Procedures, Proportionality

(University Carlos III of Madrid, Spain)/ /Leave a comment

On the 31st of July, the European Commission issued for public consultation its (fourth) Template relating to the audited description of consumer profiling techniques pursuant to Article 15 of the DMA (the Template). The Template is inserted within the Commission’s wider transparency strategy to provide for a stream of implementing acts to secure the DMA’s…

National competition authorities (NCAs), Proportionality, Public procurement, Spain, Tender

(Universidad Rey Juan Carlos, Herbert Smith Freehills)/ /Leave a comment

The Spanish National Markets and Competition Commission (CNMC) has approved Communication 1/2023 of 13 June, published in Spain’s Official State Journal (BOE) on 30 June 2023, (i) establishing that the authority holding sanctioning powers in matters of competition is the competent authority for imposing a public procurement ban, and (ii) setting out the general criteria…

Abuse of dominance, Digital competition, Digital economy, Digital Markets Act, European Commission, Google, Proportionality, Remedies, Self-preferencing, Statement of Objections

(Leiden University & KU Leuven)/ /Leave a comment

Google’s behaviour in the advertising technology sector (Ad Tech) is under attack or, at the very least, it is being intensely scrutinised on both sides of the Atlantic. Google is already subject to several antitrust suits in the U.S. lodged against it by the Department of Justice (DoJ) and individual States. In the European Union,…

Damages, Disclosure, European Court of Justice, Evidence, National court, Private enforcement, Proportionality

(University of Göttingen, Germany)/ /Leave a comment

On 10 November 2022, the European Court of Justice (ECJ or the Court) delivered its judgment in another private enforcement case, interpreting Art. 5 of Directive 2014/104/EU (the Damages Directive or the Directive). It answered the preliminary question raised by a Spanish First Instance Commercial Court that the disclosure of information or documents which do…

Commitments, European Court of Justice, European Union, Proportionality

(University of Vienna, Austria)/ /2 Comments

Today, the Court of Justice annulled the Commission decision that made commitments legally binding for Paramount. This decision is the first annulment of a commitment decision since the adoption of Regulation 1/2003. The Court held, in particular, that the Commission must assess the proportionality of the commitments with regard to the protection of the contractual…