Digital competition, Digital economy, Digital markets, Digital Markets Act, Italy, National competition authorities (NCAs), Ne bis in idem, Spain

(University Villanueva, Spain)/ /Leave a comment

Approaching the summer vacation, the end of July was deemed extremely eventful for NCA enforcement actions. On 18 July, the Italian Competition Authority (ICA or AGCM) triggered a sanctioning proceeding against Google with respect to the submission to users of a request for consent to the linking of the services they offer. A few days…

Digital markets, Legislation, Türkiye

(CD Law)/ /Leave a comment

Part I: Prohibitive Provisions This blog post is the first in a series of two blog posts. The objective of this series is to provide a brief overview of the Draft Amendment of the Turkish Competition Act (“Draft Law”, “Turkish DMA”, “Draft” or “Law”). The first blog post focuses on the substantive provisions whereas the…

European Court of Justice, Information exchange

(Baker McKenzie)/ /1 Comment

At a glance… Despite fielding a referral question on information exchange and ‘by object’ violations which could easily have been met with a ‘slam dunk’ but anodyne judgment, the top EU Court’s analysis turns out to be a useful lesson on the anatomy of a ‘by object’ violation in relation to standalone information exchanges. It…

Compliance, Guidelines, Spain

, (MLAB Abogados)/ /Leave a comment

Introduction Companies nowadays are subject to strict regulations in different areas of law. These regulations have obliged companies to implement compliance programmes to ensure that they comply with these rules to avoid severe consequences. Compliance programmes were originally focused on criminal matters. However, compliance programmes have now also expanded to other areas of law such…

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….