On September 10, 2024, the European Court of Justice (ECJ or Court) sided with the European Commission (Commission) and ruled that two Irish subsidiaries of Apple Inc. received unlawful state aid from Ireland in the form of a tax advantage (Case C-465/20 P). Ireland has reported that it will now finalise the recovery of approximately…
Introduction Cartel damages proceedings are a highly interdisciplinary endeavour between lawyers and economists in many jurisdictions, including Germany. Lawyers and courts in such proceedings must, among other things, answer a fundamentally economic question—namely, what would have been the price in a market absent the infringement? In addition, the European Damages Directive of 2014 has set…
In Brief The Australian Competition and Consumer Commission (ACCC) and Australian Securities and Investments Commission (ASIC) continue to be vigilant and seek significant penalties for alleged “greenwashing” (misleading environmental or sustainability claims). The ACCC has been vocal that greenwashing is an enforcement priority for some time and, in December 2023, issued guidance for businesses in…
Introduction The decision of the ECJ of 10th of September 2024 (C-48/22 P) brings the Google Shopping saga to an end. The decision by the highest court confirms the conviction of Alphabet by the General Court (T-612/17) (see the blogpost on General Court’s decision here). The European Commission had previously imposed a record fine of…
In Brief On 10 October 2024, the Australian Government introduced a bill into Parliament for Australia to enact a mandatory and suspensory competition merger clearance regime. The regime will commence on 1 January 2026, although parties can voluntarily seek clearance under the new regime from 1 July 2025. The thresholds for mandatory merger clearance[1] are…
As the DMA’s enforcement is in full swing, the complexities of its specific provisions and questions regarding their interpretation are beginning to surface. On 25 March 2024, the European Commission launched formal proceedings to investigate Meta’s ‘pay-or-consent’ model, introduced in November 2023 for Facebook and Instagram, sparking a significant discussion on the interpretation of Article…
To commemorate the Digital Markets Act’s initial designation decisions, in September the European Commission issued its first two decisions opening specification proceedings on Apple’s technical implementation of Article 6(7) DMA (see case DMA.100203 and case DMA.100204). These are the first specification proceedings triggered by the European Commission as stemming from its capacity to do so…
Introduction Following the CJEU Illumina/Grail ruling the case here is made for the Commission to negotiate with the national competition authorities (NCAs) to adopt a common approach to dealing with so-called ‘killer acquisitions’ both substantively and procedurally. The concept here would be for the Commission and the NCAs to negotiate a common network notice which…
Executive Vice President Vestager’s momentous tenure as Commissioner responsible for EU competition policy is nearing its end. EVP Vestager will leave her successor with a full agenda, including the first full-scale revamp of the Commission’s basic antitrust procedural rules in over 20 years, finalizing the controversial guidelines on exclusionary abuses under Article 102 TFEU and…
Introduction There have been some exciting developments in Turkish competition law recently, not least of which was the Turkish Competition Board’s (“Board”) first-ever judgment on non-compliance with commitments. To recap, the Board approved the merger between Luxottica Group S.p.A. and Essilor International S.A. back in 2018, subject to behavioural and structural commitments. To review the…
