Damages, Disclosure, European Court of Justice, Evidence, National court, Private enforcement, Proportionality

(University of Göttingen, Germany)/ /Leave a comment

On 10 November 2022, the European Court of Justice (ECJ or the Court) delivered its judgment in another private enforcement case, interpreting Art. 5 of Directive 2014/104/EU (the Damages Directive or the Directive). It answered the preliminary question raised by a Spanish First Instance Commercial Court that the disclosure of information or documents which do…

Arm's length principle, European Commission, State aid, Tax, Taxation

(University of Luxembourg)/ /Leave a comment

With its judgment of 8.11.2022, the ECJ’s Grand Chamber put an end to the Commission’s recent case practice on transfer pricing rulings. In 32 paragraphs (paras 81-112), it seems to have demolished an 8-year laborious effort of the Commission’s DG COMP and Legal Service to employ State aid rules against the advance transfer pricing agreements…

Competition enforcement, Digital markets, Digital Markets Act, Enforcement, European Court of Justice, Facebook, Germany, Privacy, Tying and Bundling

(University Villanueva, Spain)/ /Leave a comment

The wheels of the German competition authority’s enforcement of its dedicated rules on digital markets have started to turn (on the technical and substantive aspects of Section 19a GWB, see previous posts here and here). According to the recently introduced rules, the Bundeskartellamt first formally determines that an undertaking is of paramount significance for competition…

Abuse of dominance, Canada, Collusion, Digital competition, Digital economy, Digital markets, Joint ventures, Merger control, Pricing

, , , (Davies Ward Phillips & Vineberg LLP, Canada)/ /Leave a comment

On November 17, 2022, Canada’s federal Minister of Innovation, Science and Industry formally announced that the federal government is launching a comprehensive review of the Competition Act (Act) and Canadian competition policy. This announcement follows through on the Minister’s previous indications that significant reforms were in the works, and comes after the government enacted more…

Digital markets, European Commission, Evidence, Innovation, Market definition, Platforms

, , , (White & Case)/ /Leave a comment

On 8 November 2022, the European Commission launched a public consultation on its draft revised Market Definition Notice. The new Notice provides detailed explanatory guidance based on the recent case law of the European Commission and the European Court of Justice. It takes into account the latest market developments, in particular, competition on non-price elements…

Dutch clause, European Commission, European Court of Justice, Gun jumping, Innovation, International Law Talk, Merger control, Pharmaceuticals, Podcast

(University of Vienna, Austria)/ /Leave a comment

In the last edition of the International Law Talk Podcast, I had the pleasure to interview Jay Modrall on the Illumina/Grail saga. Jay talks us through the whole case with all its interesting aspects: external and internal dimensions, article 22 referrals, gun-jumping, phase II, court proceedings, substantive issues with competition innovation and much more. Listen…

Anticompetitive agreements, Information exchange, Trade associations, Türkiye

, , , (ACTECON)/ /Leave a comment

Introduction The Turkish Competition Authority (“TCA”) has rendered several decisions in recent years concerning the exchange of competitively sensitive information. A significant number of these decisions have involved negative clearance/exemption applications made to the TCA by undertakings seeking to lawfully exchange information among themselves. In this regard, the Turkish Construction Equipment Distributors and Manufacturers Association[1]…

Canada, Foreign investment, State owned enterprise (SOE)

, , (Davies Ward Phillips & Vineberg LLP, Canada)/ /Leave a comment

The Canadian government announced a new policy on October 28, 2022 (the Policy) under the Investment Canada Act (ICA) governing investments by state-owned enterprises (SOEs) in Canada’s critical minerals sector. The government followed the issuance of the Policy with an announcement on November 2, 2022, that it had ordered three Chinese investors to divest their…

Abuse of dominance, Belgium, Digital Markets Act, Ex post regulatory assessment, Killer acquisitions, Merger notification, Merger regulation, Mergers, National competition authorities (NCAs)

(Leiden University)/ /1 Comment

The impressive acceleration in mergers and acquisitions, combined with the promotion of disruptive business strategies, has put the ‘regulatory gap’[1] paradox at the heart of the current European merger control policy debate. While the current EU merger control regime risks fragmentation with the advent of the new Guidance on Referral Mechanism and the Digital Markets…

Dawn raids, Investigations, Türkiye

, , , (ACTECON)/ /Leave a comment

The Turkish Competition Authority (TCA) has rendered a number of decisions, particularly in recent years, on whether on-site inspections have been hindered or complicated. These include two recent decisions on D-Market Elektronik Hizmetler ve Ticaret A.Ş. (“Hepsiburada“), one of the largest e-marketplaces in Turkey. In the first of these decisions, the TCA examined whether the…