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 Villanueva, 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…

World Competition Law and Economics Review

(Bird and Bird, Belgium)/ /Leave a comment

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Michael J. Frese, Big Data Requests: The Commission’s Powers to Collect Documents in Investigations Under Articles 101 and 102 TFEU Access to company documents is critical for European Commission (‘Commission’) investigations, but complying with…

India, Merger control, Merger fees, Merger notification, Merger regulation, Mergers

, , , (Khaitan & Co )/ /Leave a comment

The Indian merger control framework is governed by the Competition Act, 2002 (Act) and The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (Combination Regulations). To re-align with evolving regulatory needs and streamline processes, Combination Regulations have been reformed periodically. Earlier this year, the Competition (Amendment)…

Cartels, Germany, National competition authorities (NCAs), National court, Private enforcement

(Clifford Chance)/ /Leave a comment

Introduction In the latest Judgement by the German Federal Court of Justice (FCJ) regarding Section 33g of the Act against Restraints of Competition (“ARC”) in BGH, Urt. v. 4.4.2023, KZR 20/21 – Vertriebskooperation im Schienenpersonennahverkehr (“Judgement”), which was added by the 9th Amendment of the ARC in 2017 and revised by the 10th Amendment of…

Competition and Markets Authority, Litigation, Price fixing, Unfair prices, United Kingdom

(Geradin Partners)/ /Leave a comment

Many competition authorities would have given up on excessive pricing cases when the Competition Appeal Tribunal (the Tribunal) annulled a fine of more than £80m which the UK Competition and Markets Authority (CMA) had imposed on Pfizer and Flynn for increasing prices for Phenytoin sodium capsules by 700-2,600%. Many, but not the CMA. The UK’s…

Competition, Competition enforcement, Dutch clause, Killer acquisitions, Merger control, Merger Thresholds

(College of Europe)/ /1 Comment

With the recent Autotalks referral request the European Commission’s new approach to the application of Article 22 of the EU Merger Regulation (EUMR) becomes ever more a regular feature of EU merger law. Nevertheless the Commission’s assertion of extended jurisdiction under Article 22 remains unlawful, unconstitutional, and ultimately unsustainable. Even though its new policy was…

Damages, Enforcement, Private enforcement

, (CDC Cartel Damage Claims Consulting)/ /Leave a comment

The Regional Court of Dortmund has asked the Court of Justice of the European Union (CJEU) for a preliminary ruling on the access of cartel victims to the so-called ‘assignment model’ (see here). Private enforcement of EU competition law is essentially driven by damage actions that bundle claims assigned by a multitude of victims to…

Abuse of dominance, Advocate General, Anticompetitive agreements, European Court of Justice, European Union, Sport, Sports law

(University of Michigan)/ /Leave a comment

Introduction One of the biggest controversies in European football right now is the fight between UEFA, Europe’s continental football association, and the European Super League (ESL), a proposed breakaway league composed of some of the biggest clubs and commercial names in the sport; a case arising out of the dispute recently reached the European Court…