Abuse of dominance, Czech Republic, Damages, European Court of Justice, National court, Private actions, Private enforcement

, (Skils)/ /Leave a comment

Summary of Facts On 21 September 2023 the Advocate General Juliane Kokott presented her opinion in the Case C-605/21, Heureka Group a.s. v. Google LLC. The opinion addresses a request for a preliminary ruling from the Prague Municipal Court, which is hearing Heureka’s follow-on action against Google based on the Commission’s Decision C(2017) 4444 final…

Abuse of dominance, Data protection, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission, European Court of Justice, Germany, Google, National competition authorities (NCAs)

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

On 5 October 2023, the German competition authority adopted its first tangible evidence of enforcement surrounding its new competition rules (Section 19a GWB) directed at undertakings with paramount significance for competition across markets on its case against Google for its data processing terms (see the Bundeskartellamt’s decision designating Alphabet here and a previous comment on…

Advocate General, Damages, Digital, National court, United Kingdom

(Competition and Markets Authority)/ /Leave a comment

On 21 September 2023, Advocate General (AG) Kokott delivered an opinion on the application of limitation rules for antitrust damages actions (Opinion) in the context of a preliminary ruling reference. She invited the Court of Justice to rule, among other things, that the limitation periods may not start to run until the relevant anticompetitive conduct…

Merger control, Merger notification, Merger regulation, Merger Thresholds, Mergers, Morocco

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Effective 24 May 2023 the Moroccan legislator introduced new, increased merger control notification thresholds. While the increase in notification thresholds is welcome, the more relevant change is that the new turnover thresholds always require that the parties have turnover in Moroccan. While this change does not entirely resolve existing problems with a lack of local…

Anticompetitive agreements, Market definition, National competition authorities (NCAs), Restriction by effect, Restriction by object, Selective distribution, Spain

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On 12 July 2023, the Spanish National Markets and Competition Commission (CNMC) issued its decision in the case S/0013/21 – Amazon/Apple Brandgating (the Decision) imposing a fine of €143.6 million on Apple and Amazon for restricting inter and intra-brand competition in the sale of Apple products on the Spanish Amazon marketplace contrary to Articles 1…

Data protection, Digital competition, Digital economy, Digital markets, Digital Markets Act, Digital Services Act, Regulation

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

The data economy is now thriving. A considerable corporate, entrepreneurial and research effort is aimed to enable a healthy trading of such an important asset, and hence contribute to de-siloing data and unlocking the combinatorial economic value of data that now rest in different corporate warehouses. However, the structuring of data ecosystems is still under…

Abuse of dominance, Advantage, Advertising, App stores, Apple, Digital economy, Digital markets, Digital Markets Act, Digital Services Act, European Commission, European Union, Ex ante regulation, Facebook

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

The wheels of the DMA have started turning and so have the International Law Talk episodes. I had the pleasure to interview Assimakis Komninos following the Commission’s press release establishing the economic operators that it had designated as gatekeepers under the DMA. This triggering event gave us the excuse to talk about a range of…

Abuse of dominance, Cybersecurity, European Commission, European Union, Innovation, Tying and Bundling

(University of Bremen)/ /Leave a comment

After the rumor mill had been bubbling for weeks in advance, it became official at the end of July 2023: the European Commission announced on its website the initiation of official antitrust proceedings against the US software giant Microsoft due to possible anti-competitive behaviour in relation to Microsoft Teams. The legal background of the EU…

Abuse of dominance, Commitments, Effects-based, European Commission, European Union, Investigations, Market definition, Tying and Bundling, Unfair trading practices

(Leiden University)/ /Leave a comment

Factual background During the summer of 2020, news came out about a claim made by Slack against Microsoft for abusing its dominance by tying Teams to the Microsoft and Office 365 software packages. The claim at the time was that Microsoft had been forcing millions of users to install Teams and denied them the possibility…

Digital economy, Digital markets, Digital Markets Act

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

The European Commission has made it in time to designate the economic operators which will be the targets of the Digital Markets Act (DMA). On the 6th of September, the EC issued a press release detailing the different actions it had endeavoured since seven different undertakings had notified their potential status as gatekeepers on 4…