The Intermarché-Coca Cola dispute: Who’s the bad guy? An analysis of the retail distributor-supplier relationship

The Intermarché-Coca Cola dispute: Who’s the bad guy? An analysis of the retail distributor-supplier relationship

If you want to buy Coca Cola products in the supermarket Intermarché in France, you will arrive home empty-handed. Since the end of December, Coca Cola has refused to refill Intermarché’s stock, following a conflict about Intermarché’s unwillingness to sell the whole assortment of Coca Cola’s products. In the summer, Intermarché communicated to Coca Cola that it would like to […]

Lessons and questions from Google Android- Part 2 – Tying in two-sided markets, anti-competitive effects and extra-territorial remedies

Lessons and questions from Google Android- Part 2 – Tying in two-sided markets, anti-competitive effects and extra-territorial remedies

The very lengthy and complex Google Android decision provides us with lots of material for discussion. In the first part of this discussion the matter of the definition of the relevant market was addressed. Although it may appear that this is the only key issue in the case, the decision covers several other issues, which deserve equal (if not more) […]

Abuse of relative dominance in the platform economy: a French court finds Amazon’s contracts with third-party sellers significantly imbalanced

Abuse of relative dominance in the platform economy: a French court finds Amazon’s contracts with third-party sellers significantly imbalanced

Two years ago (before Amazon became entangled in a patchwork of investigations by competition authorities), Reuters reported: ‘France files complaint against Amazon for abuse of dominant position’. The news report did not garner a lot of attention. More surprisingly, neither did the recent judgment of the Paris Commercial Court on the complaint. As the judgment offers insight into several pressing […]

Competition law and public procurement – an easy catch for competition enforcers?

Competition law and public procurement – an easy catch for competition enforcers?

If you ask what the common recent trends are among EU Member States in competition law enforcement, the answer surprisingly (or not) would be related not to digital economies but to public procurement. Lately national competition authorities had quite a fruitful harvest investigating competition law infringements in public procurement markets. Among them are, for example, the French, Italian, Dutch, Hellenic, […]

‘We have reached “peak cloning” in Silicon Valley’: when does copying your competitor’s product become anticompetitive?

‘We have reached “peak cloning” in Silicon Valley’: when does copying your competitor’s product become anticompetitive?

‘We have reached “peak cloning” in Silicon Valley’, read a recent tweet by Jeff Morris Jr. (Tinder’s director of product). ‘There are no rules anymore’, the author continued, ‘if you build a product that works, Amazon or Facebook will copy it.’ The tweet was prompted by the apparent copying by Amazon of Allbirds. Allbirds is a brand famous for its […]

Crossroads in EU Competition Law: green light or stop sign for non-economic goals?

Crossroads in EU Competition Law: green light or stop sign for non-economic goals?

On the 6th of September, Reuters broke the news that the U.S. Department of Justice launched an antitrust investigation in the voluntary agreements on emission standards between four automakers and the State of California. This probe should be viewed in the light of a larger bureaucratic conflict. As part of its general deregulatory program, the Trump Administration is planning to […]

Ex-ante competition law enforcement and online platforms – a tool with no (clear) instructions

Ex-ante competition law enforcement and online platforms – a tool with no (clear) instructions

The interest of national competition authorities in the matter of online platforms and competition law is becoming increasingly visible. In the case of the Dutch competition authority this growing interest has recently resulted in a call for introducing ex-ante enforcement tools in the context of online platforms. Although the idea may indeed be constructive for the adaption of the current […]