The principle of personal liability in the context of private enforcement: is there anything new under the sun?

The principle of personal liability in the context of private enforcement: is there anything new under the sun?

On March 14th, the Court of Justice of the European Union (CJEU) issued a ruling on a private enforcement case and lifted the veil of some of the unsettled and non-harmonised issues the Damages Directive failed to tackle. They can be shortly summarised in the following questions: who should be liable for antitrust damages and how can such liability be […]

Abuse of dominance through data overcharges and EU competition law enforcement

Abuse of dominance through data overcharges and EU competition law enforcement

The past year the EU commission and numerous competition authorities have addressed the matter of applying competition law to online platforms. The discussions concerning Facebook and Amazon have even touched upon the difficult relation between data and competition law. Despite the many debates concerning the application of competition law in digital markets, little attestation was given to the calculation of […]

Claims for compensation for damages caused by anticompetitive conduct: jurisdiction questions

Claims for compensation for damages caused by anticompetitive conduct: jurisdiction questions

Recently the Court of Justice of the European Union (the CJEU or the Court) issued the preliminary ruling on application of Brussels I Regulation in competition damages actions. The ruling provides guidance on the application and interpretation of special jurisdiction clauses, with a focus on Art 5(3) of the Brussels I Regulation. One of the main aspects of the ruling […]

Apple’s App Store commission fee and (anti-competitive) governance: when a platform’s zero-pricing strategy becomes expensive

Apple’s App Store commission fee and (anti-competitive) governance: when a platform’s zero-pricing strategy becomes expensive

These days Apple is at the Supreme Court trying to defend its pricing scheme for the App Store, which is currently under fire for being potentially abusive with respect consumers that end up paying perhaps quite a bit more for their apps than they should. Although it is uncertain whether the claimants will be allowed to proceed with the claim, […]