Introduction In 2023, the ACM has again shown its commitment to enforcing competition law with the aim of protecting the interests of consumers. The imposition of hefty fine of nearly 8 million EUR on LG for vertical price-fixing conduct, similar to the Samsung case in 2022, sends a strong message to other companies engaging in…
According to the German philosopher Johann Gottfried Herder, the two greatest tyrants on Earth are chance and time. The word ‘tyrant’ is derived from Ancient Greek ‘tyrannos’ to describe an ‘absolute ruler unrestrained by law or constitution’. Certainly, actions for damages in competition law may depend on numerous factors substantially determined by chance (e.g. questions…
The DMA seeks to capture gatekeeper conduct. For that, the regulation applies to those targets of the regulation satisfying the legal category of a gatekeeper. If an undertaking is not a gatekeeper as per a designation decision issued by the European Commission (EC), then it will not remain captured by the regulatory instrument. In September…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Michael G. Aguinaldo, Reflections and Musings from My First Year as Chairperson of a Young Competition Authority When the Philippines passed into law its competition act in 2015, it was one of the…
The Digital Markets Act (DMA) entails a change in the narrative of the punitive framework applied to digital dominant undertakings under EU competition law. At least, that’s what the European’s digital strategy proposed it to be. The failure of antitrust followed a new paradigm in applying per se rules to gatekeepers, based on cooperative-like mechanisms…
Introduction Nowadays, it is not uncommon for Spanish courts to have to rule on disputes where there is uniformity in the facts and the applicable legal rules. In civil courts, mass litigation arose as a result of nullity suits filed by consumers in banking and financial matters regarding contracts for the subscription of banking products…
Introduction By judgment of 10 April 2024, the General Court (GC) annulled Decision 19.4.2018 – SA.37433 of the European Commission (EC) finding that Danish legislation concerning charges for wastewater treatment did not constitute State aid. In my view, the GC misapplied the Market Economy Operator Principle (MEOP) in this case when it assessed the legislation…
2023 proved another fruitful year for the Belgian competition law scene. The ambitious agenda of the Belgian Competition Authority (“BCA”) resulted in a busy and impressive enforcement record. To sum up a couple of highlights in a single sentence, the BCA: was the first competition authority to apply the landmark Towercast judgment, conducted several sectoral…
Although 2023 was not a year of significant changes to the competition legislative landscape in Cyprus, it witnessed the implementation of competition law developments from 2022, in both substantive and ancillary legislation. Regulatory background In Cyprus, competition law is governed by the Protection of Competition Law of 2022 (Law No. 13(I)/2022). Law 13(I)/2022, in…
In light of recent information about new probes under the DMA and the DSA, and the growing interest in enforcement of the draft AI Act, we decided to explore what investigatory powers are available to the European Commission and local authorities under these regulations, and more specifically how the enforcing authorities can conduct dawn raids…
