Amazon/Deliveroo: Dynamic Counterfactual Analysis and the Failing-Firm Defence

Amazon/Deliveroo: Dynamic Counterfactual Analysis and the Failing-Firm Defence

The economic and financial impact of the Covid-19 pandemic foreshadows an increase in the number of deals where the so-called “failing-firm defence” (“FFD”) might come under discussion, as recently demonstrated by the provisional clearance of Amazon’s investment in Deliveroo by the Competition and Markets Authority (“CMA”). This blogpost addresses the interplay between the FFD and dynamic counterfactual analysis, in light […]

Restrictions of competition by object and multi-sided platforms – insights from Budapest Bank

Restrictions of competition by object and multi-sided platforms – insights from Budapest Bank

The judgment of the CJEU in Budapest Bank (Case C-228/18) is the most recent case that provides guidance with regard to the application of art. 101 TFEU in the context of multi-sided platforms. The CJEU explicitly confirmed the possibility of finding restrictions of competition by object by such players despite the complexities originating from their multi-sided nature. However, the manner […]

Amazon cases on the move: Bundeskartellamt closes proceedings while European Commission opens formal investigation

Amazon cases on the move: Bundeskartellamt closes proceedings while European Commission opens formal investigation

The 17th of July has been quite the day for Amazon, at least when it comes to antitrust. Firstly, the German Competition Authority (Bundeskartellamt) has closed its abuse of dominance proceedings against Amazon in return for concessions from the online marketplace. Secondly, the European Commission announced that it was opening a formal investigation into possible anti-competitive conduct by Amazon. This […]

Spotify lodges antitrust complaint against Apple: it’s ‘time to play fair’ in the music streaming industry

Spotify lodges antitrust complaint against Apple: it’s ‘time to play fair’ in the music streaming industry

On March 13th, Spotify filed a formal antitrust complaint against Apple with the European Commission (EC). In the complaint, Spotify alleges that Apple has been using its App Store to impede Spotify’s competitive potential to the advantage of Apple Music—its biggest competitor in the music streaming business. In what follows, I quickly examine the contentious history between Spotify and Apple […]

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 […]

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 […]