The preliminary ruling of 12 January 2023 in RegioJet can easily be perceived as a continuation of the jurisprudence on disclosure rules that was developed by the European Court of Justice (the Court or ECJ) in the case of C-163/21 – PACCAR. The PACCAR case concerned specific questions of disclosure of documents, which were not…

Jurisdiction after DB Station At the end of last year, the ECJ rendered a much-anticipated ruling in the DB Station case (C-721/10), which fundamentally clarified the hierarchy between regulators and civil courts in abuse of dominance cases relating to regulated infrastructure sectors. After lengthy national proceedings, the ECJ decided that national civil courts can only…

On 19 January 2023, the EU Court of Justice, answering questions from the Italian Council of State, confirmed that the Intel effects-based approach applies also to exclusive dealing practices and held that competition authorities must duly examine economic evidence produced by dominant undertakings. The court also held that, under certain narrow circumstances, conduct implemented by…

“In many places across the European Union, suppliers of taxi services have traditionally been shielded from competition thanks to State regulation, while web-based platforms have started offering local passenger transport-on-demand services with a high degree of zeal, precision and efficiency”. The previous statement was one of the opening lines of the Opinion issued by Advocate…

A welcome post by the new Deputy Editor Introduction and summary In the recent Anesco case, the ECJ held the preliminary request of the Spanish National Commission on Markets and Competition (CNMC) inadmissible due to the fact that the CNMC was not a ‘court or tribunal’ for the purpose of Article 267 TFEU. The ECJ…