Today, the Court of Justice annulled the Commission decision that made commitments legally binding for Paramount. This decision is the first annulment of a commitment decision since the adoption of Regulation 1/2003. The Court held, in particular, that the Commission must assess the proportionality of the commitments with regard to the protection of the contractual…
The Court order of 29 October 2020 struck by the President of the General Court in a dispute between Facebook and the European Commission is probably the first time in a while where the essence of a case against one of the Big Tech firms lies not in what those companies are (or are not)…
On 25 November 2020, the French Competition Authority (FCA) announced that it was amending its decision-making practice regarding responses to calls for tenders by subsidiaries of the same group. Up until now, the FCA considered that it was unlawful for subsidiaries of the same group to submit separate tenders in the same public procurement procedure…
The Court of Auditors believes that the introduction of new instruments should go hand in hand with stricter enforcement of existing instruments In a Special Report published on 19 November 2020, the European Court of Auditors (the ‘Court’) makes a plea for more stringent enforcement of EU competition policy. The Special Report comes at a…
Introduction The Canadian Competition Bureau (“Bureau”) has issued a statement (the “Statement”) clarifying its position on “no-poaching”, wage-fixing and other types of “buy-side” agreements between competitors that may affect employees and labour markets. In the Statement, the Bureau expresses its concerns about the possible anticompetitive consequences of such agreements and states that it would be…
On 2 December 2020, the European Commission published a Notice to Stakeholders on Brexit and EU competition law.[1] It essentially reflects the UK position as set out in CMA guidance published on 1 December 2020.[2] These papers are equivalent to the divorce papers governing the children’s custody. Who has the kids and when over the…
Starting in 2016, the EU set out the shift to high-capacity 5G networks with the adoption of the “5G for Europe Action Plan”.[1] These days, the buildout of the 5G network throughout Europe is starting. Slovenia,[2] the Czech Republic,[3] Slovakia,[4] Portugal,[5] and Sweden[6] are among the first Member States to commence the 5G spectrum auctions…
On November 25, 2020, the European Commission (EC) published its proposed Data Governance Regulation (the DGR), which will create a new legal framework to encourage the development of a European single market for data. The DGR, proposed in the EC’s February 2020 Digital Strategy, is the first of a wave of regulatory and antitrust reforms…
Competition authorities are increasingly scrutinizing Google around the globe: The European Commission was the first authority to investigate Google and has issued three record-level fines in Google Shopping, Google Android and Google AdSense. In the US, the DoJ has recently filed a complaint against Google with the US Supreme Court arguing that Google abuses its…
The Grand Chamber of the Court of Justice of the European Union (ECJ) issued today its judgment in Case C-59/19 Wikingerhof v. Booking.com. This ruling will certainly be of great interest to the corporate victims of abuses of a dominant digital platform. This judgment addresses both the nature of the action which alleged victims of…
