Abuse of dominance, App stores, Apple, Apps

(University of Lapland)/ /Leave a comment

Background Asymmetrical relationships can be defined as unequal status or power relations between participants, whose roles are termed superior (…) and subordinate. Expectations and behaviour are largely non-reciprocal (…). This may be reflected in the initiation, termination, direction, amount, form, or style of the communication that takes place. (…) (Goffman).’ (Oxford Reference). Apple was fined…

Digital Markets Act, Self-preferencing

(University of Strathclyde)/ /1 Comment

The rise of digital platforms has revolutionised the global economy, yet it has also introduced a range of regulatory challenges and competitive concerns. This situation has resulted in the creation of vast digital ecosystems. The platforms managing these ecosystems have the motivation and capability to exclude suppliers, allowing them to dominate these markets. While simply…

Burden of Proof, Designation Decision, Digital, Digital competition, Digital economy, Digital Markets Act

(University Villanueva, Spain)/ /2 Comments

The General Court dismissed ByteDance’s action seeking the annulment of the European Commission’s designation decision of its TikTok service. The Extended Composition of the Eighth Chamber of the General Court (GC) confirmed ByteDance’s status as a gatekeeper. The ruling is the first of its kind: the first ruling to address head on the Digital Markets…

Energy Policy, European Union, Netherlands, State aid

(Simmons & Simmons)/ /Leave a comment

Introduction This judgment of the Court of Justice (ECJ) of 13 June 2024 concerns the question if the European Commission (EC) may declare a national measure compatible with the internal market without first determining whether the measure constitutes aid within the meaning of Article 107(1) TFEU. It might be said that it does not matter…

Cartels, Damages, Disclosure, European Court of Justice, European Union, Principle of Effectiveness

(University of Göttingen, Germany) and (University of Vienna, Austria)/ /Leave a comment

In recent years, the landscape of antitrust damages actions in the European Union has evolved significantly, guided by landmark rulings from the Court of Justice of the European Union (CJEU). Our recent paper provides a comprehensive overview of these developments as part of the Yearbook on Procedural Law of the Court of Justice of the…

Innovation, Intellectual property (IP), Legislation, United States of America

(Elbert, Nazaretsky, Rakov & Co)/ /Leave a comment

The Patent Eligibility Restoration Act of 2023 (PERA), introduced by Senators Thom Tillis and Chris Coons, aims to broaden the scope of patentable subject matter in the U.S. This Act addresses limitations from Supreme Court decisions like Alice Corp. v. CLS Bank International, which have restricted patent eligibility under Section 101 of the Patent Act….

Resale price maintenance, Türkiye

, , , (ACTECON)/ /Leave a comment

Introduction The reasoned decisions regarding the two separate investigations conducted independently by the Turkish Competition Authority (“TCA”) against suppliers operating in the fast-moving consumer goods (“FMCG”) market were published on the official website of the TCA in May 2024. Both decisions set significant precedents regarding “resale price maintenance”, which the TCA has particularly focused on…

Germany, Merger control, Merger Thresholds, Transaction Value Threshold

, (Noerr)/ /Leave a comment

In its decision of 17 June 2024, the German Federal Cartel Office (FCO) has cleared the takeover of Olink Holding AB (publ), Sweden (“Olink”) by Thermo Fisher Scientific Inc., USA (“Thermo Fisher”) after an extensive review period exceeding five months (press release). This case marks a significant milestone as it is the first time that…

Competition Law 2023

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

… from the Deputy Editors (Lena, Nils & Alba), who met at the 19th ASCOLA conference in Würzburg (sorry Peter, no lawyers allowed)! Like every year, we will have a small summer slowdown, but we will keep posting. Can’t get enough of competition law? Have a look into our open access series on the main…

Bid-rigging, South Korea

(Seoul National University - College of Law)/ /Leave a comment

In the complex landscape of global defense procurement, nations often find themselves navigating a delicate balance between fostering domestic capabilities and maintaining fair competition. A landmark case in South Korea’s defense industry has brought this tension into sharp focus, offering valuable insights into the intricacies of antitrust regulation in the context of national security interests….