On 22 February, the District Court of Amsterdam decided to refer preliminary questions to the Court of Justice of the European Union (CJEU) in order to receive guidance enabling it to assess the legality of the EU antitrust rules of price parity clauses (PPs) used by Booking.com, an online travel agent platform (OTA).* More specifically,…
On 22 November 2022, the UK Competition and Markets Authority (CMA) decided to refer the supply of mobile browsers and mobile browser engines and the distribution of cloud gaming services through app stores on mobile devices for an in-depth ‘phase 2’ market investigation. The market investigation regime enables the CMA to investigate competition issues that…
The last few weeks have been momentous for Indian competition law – the Competition (Amendment) Act, 2023 (Amendment) received Presidential assent on 11 April 2023, after it was passed by both houses of the Indian Parliament. The lead-up to this moment was almost five years in the making. The Amendments are a product of extensive…
Last 9 December, the European Commission issued its first draft implementing regulation for the DMA setting out the practical details surrounding the procedures around the gatekeeper’s designation (see the overview of the draft here). The feedback period surrounding the draft finished on 9 January 2023. On 14 April, the European Commission made public the first…
On January 12th 2023, the European Court of Justice (ECJ) issued its long-awaited judgment in C‑883/19 P HSBC v Commission setting aside the judgment of the General Court (GC) but confirming the European Commission’s finding that HSBC had participated in a cartel in the market for Euro Interest Rate Derivatives (EIRD). The judgment clarifies the procedural safeguards that…
The collapse of Crédit Suisse and its subsequent takeover by UBS has produced far-reaching effects, affecting the global banking landscape. Financial stability considerations and market turmoil surrounding the takeover have been widely discussed in the media. Other perspectives, however, have received relatively little attention. In this blog post, we consider a number of competition law…
The following is a selection of some important developments in German competition law and policy in 2022. It covers cases under the new rules for digital companies, abuse of dominance, merger control, antitrust (cartels, horizontal cooperation and vertical cases) and damages litigation. Special rules for the digital companies – Section 19a ARC The Federal…
The German Federal Ministry for Economics and Climate Action published the draft for the 11th amendment of the Competition Act (GWB) on the 6th of April, following the same path towards the DMA’s effective implementation under the powers conferred upon NCAs pursuant to Article 38(7). Up until now, The Netherlands has also issued the draft…
Competition law and policy developments in the UK have continued apace throughout 2022, ushering in several important changes to competition rules; further law reform proposals; a substantial caseload for UK’s competition and sector authorities, as well as under the national security and investment screening regime, building on last year’s developments; and a new UK subsidy…
Introduction State aid rules have existed since the Rome Treaty and have a negative integration logic: Member States should refrain from distorting competition by helping their own undertakings (an in-depth analysis on state aid, in Hancher, Ottervanger and Slot, see here). These rules naturally trigger tension between what Member States can do with their money…
