The law is blind. Competition law, however, has the potential to see through a gender lens. In World Economic Forum’s Global Gender Gap Index 2020, India ranked at 112th position in a list of 153 countries. According to a 2019 survey, the gender pay gap in the country was estimated to stand at 19%, where…
Early April, the Federal Supreme Court clarified controversial questions regarding the privilege against self-incrimination in Competition Law Proceedings in three much-noticed decisions (2C_383/2020, 2C_87/2020 and 2C_88/2020)[1]. The Decisions In 2018, the Swiss Competition Commission (“ComCo“) opened proceedings against various financial institutions regarding an alleged boycott in Switzerland. The Competition Commission suspected that the addressees of…
On April 21, 2021, the EU Commission adopted a proposal for a regulation (the AI Regulation) on “artificial intelligence systems” (AI systems), which it describes as “the first-ever legal framework on AI.” The AI Regulation will impose significant obligations impacting businesses across many, if not all, sectors of the economy. The AI Regulation will prove…
Even though public enforcement of competition law has traditionally played a significant role in deterring companies from committing antitrust infringements, private enforcement has proved to be an effective ally in this quest. Ever since the adoption of Directive 2014/104/EU (Damages Directive) and, in particular, the European Commission’s (EC) Decision in the Trucks cartel, litigation over…
On 10 April 2021, the State Administration for Market Regulation (SAMR), China’s competition authority responsible for the enforcement of the Anti-Monopoly Law (AML), announced the imposition of CNY 18 billion fine on Alibaba for abusing its dominant position on the e-commerce platform services market. The decision concludes the investigation launched at the end of 2020…
At a recent post, I discussed how the European Commission’s change of approach with the publication of its new Guidance on Article 22 of the Merger Regulation, in reality, should be seen as an accompanying measure to the Digital Markets Act (DMA). I called this a “DMA bis”. Let me share my thoughts in a slightly…
Recently, Google and Apple have changed their policy for targeted online advertising. Privacy-conscious users have been switching to alternatives for years, however, completely avoiding being tracked by online tech giants is virtually impossible. Nevertheless, the online ad industry has grown tremendously in the last decade, and targeted behavioural advertising has become ubiquitous in the online…
On March 4, 2021, the Supreme Court of the Russian Federation (the Court) issued its first Guidance for Courts, the so-called Plenum, which specifically concerned competition law. The guidance wants to ensure uniformity of practice in the application of Russia’s competition law, the so-called Antimonopoly Law. Already in 2008, the former Supreme Commercial Court of…
On 24 March 2021 the Higher Regional Court (‘Oberlandesgericht’) of Düsseldorf put yet another twist to the ‘Facebook Saga’. Although the formal written submission is not yet available, the Düsseldorf closed the hearing by staying the proceedings and announcing the referral to the CJEU of questions on data protection law. Pricing Guns To be…
On March 26, the EU Commission announced a major reform of EU Merger Regulation (EUMR) procedures, arguably the most significant since the 2004 adoption of the current EUMR. The current EUMR expanded EU jurisdiction by broadening the EUMR standard of review and allowing parties to request that transactions notifiable in three or more Member States…
