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, […]

The return of the MFN clauses – platform ranking as an enforcement mechanism for price parity

The return of the MFN clauses – platform ranking as an enforcement mechanism for price parity

The MFN cases of the past few years have delivered a series of uncoordinated cases that created a fragmented approach towards MFN clauses. Nowadays it would appear that there is a growing consensus in Europe that wide MFN clauses should be prohibited which, also led major platform like Expedia to abandon these pricing strategies. The recent claim put forward by […]

Collusive conduct in financial instruments trading: a look at the issues of dealing via chatrooms

Collusive conduct in financial instruments trading: a look at the issues of dealing via chatrooms

Following the benchmark currency rate manipulation scandal, the banking sector has had no chance to restore their reputation. Lately, major EU banks have been having competition law issues because of their traders’ collusive behaviour in the bond and global foreign exchange (FX) markets. Two Statements of Objections concerning bond cartels and collusive conduct by certain traders have been issued recently […]

Price monitoring software and competition – new possibilities for RPM in absence of sufficient deterrence

Price monitoring software and competition – new possibilities for RPM in absence of sufficient deterrence

Shortly after the dropping the A-bomb on Google for its alleged tying practices, the Commission imposed fines of over €111 million on Asus, Denon & Marantz, Philips and Pioneer for fixing the minimum resale prices of their online retailers. This recent case shows that the Commission is serious about taking on competition law infringements in the online sphere, however, it […]

2018:60 Deutsche Bahn and Others v Commission

2018:60 Deutsche Bahn and Others v Commission

Court Court of Justice Date of ruling 1 February 2018 Case name (short version) Deutsche Bahn and Others v Commission Case Citation C-264/16 P ECLI:EU:C:2018:60 Key words Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Price fixing — International air freight forwarding services — Pricing agreement affecting the final price of the services Basic context By their appeal, Deutsche Bahn AG, Schenker […]

When Algorithmic Pricing meets Concerted Practices- the case of Partneo

When Algorithmic Pricing meets Concerted Practices- the case of Partneo

Algorithmic collusion, algorithmic cartels, AI price fixing cartels and many other pseudo computer science themes have become a source of great interest for competition law authorities, practitioners and academics. The allure of these topics is understandable; the idea that cartels can come into existence without human intervention is a fascinating matter despite the fact that fully automated (not to mention […]

2017:47 Hansa metallwerke AG and Others v European Commission

2017:47 Hansa metallwerke AG and Others v European Commission

Court Court of Justice Date of ruling 26 January 2017 Case name (short version) Hansa Metallwerke AG and Others v European Commission Case Citation Case C-611/13 P ECLI:EU:C:2017:47 Key words Appeal — Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and […]