Now available – Issue 3/2018 of the European Competition and Regulatory Law Review (CoRe)!

Now available – Issue 3/2018 of the European Competition and Regulatory Law Review (CoRe)!

The Online World and Its Challenges to Competition and Regulatory Frameworks is the focus of the new issue 3/2018 of the European Competition and Regulatory Law Review (CoRe). This special issue, developed together with the European University Institute (EUI), offers insightful articles on topics such as: the paradox of discretionary competition law, updating the ECN for the challenges of the […]

CoRe Conference on 24 October in Brussels

CoRe Conference on 24 October in Brussels

Competition Law and Policy in Digital Markets – Conference on 24 October in Brussels Discuss crucial developments of competition policy in the digital economy – the Google Android case, e-commerce and vertical restraints, algorithms and big data as well as the nexus between data protection and competition law. Keynote speakers are William E. Kovacic & Jacques Steenbergen. More information on […]

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 […]

The Commission’s Gazprom decision – an environmentally relevant demonstration of the Commission’s power

The Commission’s Gazprom decision – an environmentally relevant demonstration of the Commission’s power

Competition Commissioner Margrethe Vestager is making a name for herself as the Commissioner who really takes on the ‘big whales’ of international corporations and holds them accountable to EU competition law. After the Commission took on international tech giants like Google and Facebook under Vestager’s stewardship, the Russian energy giant Gazprom has now been added as the latest feather in […]

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 […]

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 […]

2017-756 – KPN BV v European Commission

2017-756 – KPN BV v European Commission

Court General Court Date of ruling 26 October 2017 Case name (short version) KPN BV v European Commission Case Citation T-394/15 P ECLI:EU:T:2017:756 Key words Competition — Concentrations — Netherlands market for television services and telecommunications services — Decision declaring the concentration compatible with the internal market and the EEA Agreement — Commitments — Duty to state reasons — Relevant […]