Antitrust & Competition Law

In most Western jurisdictions, competition laws are designed to promote the existence of competition within the respective markets. Regulators are tasked with reigning in anti-competitive conduct by companies in order to prevent cartels and monopolies.

European Union competition law is established under Articles 101 to 109 of the Treaty on the Functioning of the European Union, in addition to a series of Regulations, the most notable being Council Regulation (EC) No 1/2003 regarding the implementation of competition law rules and Commission Regulation (EU) No 651/2014, more generally known as the General block exemption Regulation.

The EU is competent in four main areas: cartels, abuse of dominance, mergers, and state aid. The main authority for enforcing competition rules in the EU rests with DG Competition of the European Commission, currently headed by Commissioner Margrethe Vestager.

The Evolution of EU Antitrust Law: Emerging Trends and Challenges

The European Union (EU) antitrust enforcement landscape is experiencing unprecedented changes, largely shaped by volatile geopolitical and economic circumstances and by recent influential case law.

Disclosure of information compiled ex novo permissible, subject to proportionality by national courts

The case originated from a 2016 Commission Decision, where the Commission found continuous infringement of Article 101 TFEU by 15 international truck manufacturers, with most infringements taking place between January 1997 and January 2011.

Amazon hoping for an agreement to stop competition law investigations

The e-commerce giant could potentially be imposed some significant fines reaching in the billions of euros, in violation of EU competition law rules, unless they can strike a deal with the Commission.

Dedicated buttons on TV remotes – a challenge to cultural sovereignty?

“If there is a button for an American platform, there must be a button for a French platform.”

Everything from the pig goes
except cartels!

Fake notebooks, clandestine meetings, secret phone calls, destroyed documents, the list goes on and on. About fifty companies were ultimately targeted by the twenty-three months of investigation.

Reflecting on EU state aid measures during the COVID-19 pandemic

The Commissioner for Competition has been active in approving state aid measures in order to benefit the affected businesses as quickly as possible.

Employee data rights reaffirmed in various settings

Two interesting data protection developments were concluded on the first week of October, with the Court clarifying elements of the Commission investigation procedure into anticompetitive activities and a hefty fine for a H&M subsidiary for data collection

Amazon under scrutiny by German competition authorities

The investigation looks into whether Amazon’s practices during the ongoing COVID-19 pandemic towards third-party marketplace sellers could amount to an abuse of a dominant position.

Apple gains victory in the General Court

The American tech behemoth gained a major victory over the Commission, as the General Court did not see the company gaining unfair advantages in the Irish tax rulings.

ECJ: Parties not directly affected by actions of a cartel may claim compensation for losses incurred

New ECJ ruling gives increased protection to parties affected by anticompetitive behaviour

EU ministers reject ‘name-and-shame’ policy for tax-avoiding companies

The Member States are split in finding an amicable resolution in ensuring proper tax payments by such multinational companies

European court ruling defines Commission’s scope in forcing countries to recover illegal tax benefits

The decision may well influence the Commission’s strategy in competition law

cryptocurrency and bank notes together
Will Facebook’s cryptocurrency take off?

Concerns have been raised in Europe and America over Facebook’s ambitious plan to introduce a cryptocurrency

Airbus-Boeing Dispute Nearing An End

The bitter altercation has already been ongoing for the past 15 years

UK competition authority wants changes to Big Four

The Competition and Markets’ Authority has called for legislation to overhaul the auditing business, namely concerning the Big Four.

The merger would have distorted competition in the Single Market
Siemens-Alstom merger: Where competition law and politics clash

The merger has raised some questions with regards to the modernity of the European antitrust rules.

The decision might have far-reaching consequences for Facebook's operations in Europe
German antitrust regulator lashes out at Facebook

The order by the Federal Cartel Office might have far-reaching effects in how Facebook manages its operations in Europe

The year 2019 will be a defining year for the EU
EU policy and legal developments in 2019

With the European Parliament elections on the horizon, 2019 will be full of challenges to overcome for the European Union.

Investor Activism – the underestimated threat
Investor activism The underestimated threat Activist investors, who have primarily operated in the U.S. in…

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