Online platforms and refusal to deal – Unlockd vs. Google- a seminal case in the making?

Online platforms and refusal to deal – Unlockd vs. Google- a seminal case in the making?

The recent standoff between advertisement application developer Unlockd and Google, concerning the removal of Unlockd from the Google Play Store and AdMob marketplace, may turn out to be one of the most important competition law cases of the year. This case, which will likely require a competition law review of Google’s terms and conditions for these platforms, provides the opportunity […]

New Commission proposal for more whistleblower protection: more of the same for competition law?

New Commission proposal for more whistleblower protection: more of the same for competition law?

In a press release of 23 April 2018, the EU Commission announced the proposal of a new Directive that is set to introduce new, EU-wide rules for the better protection of whistleblowers. The press release underlines the importance of whistleblowers in uncovering breaches of EU law, as demonstrated by recent scandals, such as Dieselgate, Panama Papers, or Cambridge Analytica. Without […]

Protecting David against Goliath: Commission’s Proposal against Unfair Trading Practices in the Food Supply Chain

Protecting David against Goliath: Commission’s Proposal against Unfair Trading Practices in the Food Supply Chain

In response to concerns over so-called unfair trading practices (UTPs) between businesses arising from significant imbalances of economic power, the European Commission has for years devoted much attention to the functioning of the food supply chain. Despite these efforts, actual enforcement actions and legislative developments unfolded predominantly on the Member State level. On April 12, however, the Commission may have […]

Price discrimination and abuse of dominance – MEO Case C-525/16

Price discrimination and abuse of dominance – MEO Case C-525/16

The recent case of MEO delivers a meaningful clarification concerning the importance of an effects analysis in the case of art. 102 (c) TFEU. While not providing an ultimate solution for all comparable future cases, the CJEU in this case clearly indicates that term ‘competitive disadvantage’ constitutes an independent element of art. 102 (c) TFEU that requires proof.   Background […]

Innovation in EU merger control

Innovation in EU merger control

The Commission’s assessment of the effects of mergers on innovation has fascinated scholars and practitioners for the last two years or so. On 12 April 2018, the Commission’s Deputy Director General for Mergers Carles Esteva Mosso comprehensively addressed the issue at the Spring Meeting of the ABA Section of Antitrust Law. This blogpost traces earlier developments and gleans new insights […]

Online platforms and abuse of dominance – the case of Funda Real Estate

Online platforms and abuse of dominance – the case of Funda Real Estate

The application of EU competition law to online platforms has been subject to much debate in the course of the past two years. The EU Commission and several national competition law authorities have launched multiple studies in order to identify the possible challenges in this context and establish an action plan. The distinguishing characteristics of online platforms including: the reliance […]

When the industry strikes back- UPS claims 1.7 billion Euro for the blocked merger with TNT

When the industry strikes back- UPS claims 1.7 billion Euro for the blocked merger with TNT

The recent fines imposed by the Commission on companies have made headlines quite a few times since the beginning of 2018. This growing press coverage is undeniably linked to size of the fines as well as the parties on whom these were imposed. However while the Commission was busy fining companies for their anticompetitive behavior, United Parcel Services (UPS) decided […]

The Uber-Grab merger and the potentially anti-competitive consequences of the battle for ride-hailing dominance

The Uber-Grab merger and the potentially anti-competitive consequences of the battle for ride-hailing dominance

On March 26th, news broke that ride-hailing giant Uber agreed to sell its Southeast Asian operations to its local competitor Grab. The move may sound familiar, as Uber previously retreated from the Chinese market by selling its operations to Didi Chuxing. From a competition law perspective, these acquisitions raise questions of both merger control and restrictive agreements, which are explored […]

The EU Commission’s Qualcomm decision – does it take two to tango?

The EU Commission’s Qualcomm decision – does it take two to tango?

In its latest strike against anti-competitive behaviour in the tech industry, the EU Commission has fined the US chipset manufacturer Qualcomm over 997 million Euros for imposing an exclusive purchasing obligation on one of its major customers and preventing competitors’ access to the market for baseband chipsets. This blogpost gives a brief overview of the decision based on the Commission’s […]