Anticompetitive agreements, Confidentiality, Damages, Portugal, Private actions, Private enforcement

(Sousa Ferro & Asociados)/ /1 Comment

Introduction On February 21, 2020, the European Commission (EC), in the context of Case AT.40528 – Holiday Pricing, ordered Meliá Hotels International, S.A. to pay a fine in the total amount of EUR 6 678 000. The European Commission found that Meliá Hotels International, S.A. participated in a single and continuous infringement of Article 101…

Advocate General, Anticompetitive agreements, Information exchange, Restriction by object

(White & Case)/ /Leave a comment

In October 2023, Advocate General Rantos delivered his opinion in the context of a preliminary ruling request from Portuguese courts on whether an exchange of information between competitors can constitute a restriction of competition by “object” in breach of Article 101(1) of the TFEU. In practice, such classification relieves a competition authority from the obligation…

Collective Redress, Digital markets, Digital Markets Act, Private enforcement

(University of Vienna, Austria) and (University Villanueva, Spain)/ /Leave a comment

The Digital Markets Act has been analysed from a myriad of prisms, both from the public and private enforcement perspectives. However, less attention has been dedicated to analysing the actual content of private enforcement via collective actions, as set out explicitly in Articles 42 and 52 of the DMA. Article 42 DMA establishes that “Directive…

Collective Redress, Damages, Digital, National court, Private actions, Private enforcement

(Max Planck Institute for Competition and Innovation)/ /Leave a comment

On November 3rd 2023, the University of Vienna, Department of European, International and Comparative Law, together with the European Circle for Competition Damages and the Austrian Society for European Law (ÖGER) hosted a conference on the relevant issue of disclosing evidence in antitrust damages proceedings. Roughly ten years after the European Damages Directive had been…

Boycott, National competition authorities (NCAs), Spain, Unfair competition, Unfair practices

(Backer McKenzie)/ /Leave a comment

On 26 July 2023, the Autoritat Catalana de la Competència (a regional competition authority in Spain; hereinafter, the ACCO) issued an infringement decision against the Asociación Profesional Elite Taxi (Professional Association Elite Taxi; hereinafter, Elite Taxi) for a boycott conduct which had as its object the digital platform business pioneer, UBER. This latest decision follows…

Digital competition, Digital economy, Digital markets, Digital Markets Act, Germany, National court, New Competition Tool

(Universität Regensburg)/ /Leave a comment

On 7 November 2023, a new amendment law to the German Competition Act (“Gesetz gegen Wettbewerbsbeschränkungen”, GWB) came into force. Because it is the 11th major amendment, it is commonly referred to as the 11th GWB Amendment (11. GWB-Novelle). In addition to numerous small alterations, it is particularly noteworthy for three important novelties:   New…

Abuse of dominance, Apple, Digital competition, Digital economy, Digital markets, Digital Markets Act, General Court of the European Union

(University Villanueva, Spain)/ /Leave a comment

Next 16 November 2023, the deadline for the designated gatekeepers on the 5th of September 2023 to appeal the Commission’s decisions will come to an end (for a review of the decisions, see here). Up until this moment, reporting has only documented that Apple would be considering challenging the Commission’s decisions and is prone to…

Artificial Intelligence, Europe, European Commission, European Union, Regulation

, (DLA Piper)/ /Leave a comment

The World’s first hard-law horizontal legislation on artificial intelligence is currently nearing political agreement between the European Union’s (EU) three legislative branches, the European Parliament (EP), the Council of the European Union (the Council) and the European Commission (EC). Inter-institutional negotiations (or with their technical name, trilogues) continue, and there is an incredible amount of…

Dutch clause, Gun jumping, Merger control, Merger notification, Merger regulation, Merger Thresholds

(Leiden University)/ /Leave a comment

As Ariel Ezrachi and Maurice E. Stucke noted, just as duck hunters must anticipate the future position of their prey, antitrust policymakers are urged to foresee potential anti-competitive behaviours rather than solely focusing on past constraints. This concept of anticipating potential anti-competitive behaviours has now firmly landed on the desks of policymakers, and the last…

Foreign direct investment, Foreign investment, Foreign subsidies

(Norton Rose Fulbright, Belgium)/ /Leave a comment

The European Commission’s third annual report (the Report) on experience with Regulation 2019/452 (as amended, the FDI Regulation) reflects the growing importance of foreign direct investment (FDI) screening in the European Union (EU).  Together with a staff working document, the Report provides valuable insights into the FDI Regulation’s practical impact and the Commission’s role in FDI screening…