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EU Cross-border Telemedicine: A Partial Harmonisation of Product and Professional Liability?

Insight

Abstract: Telemedicine raises complex legal issues. The challenging regulatory choices needed to adequately cope with the digital transformation of healthcare become more pronounced when the provision of healthcare services bridges national borders. Recently the EU has undoubtedly presented itself as a particularly active player in harmonising the...

Meta v Bundeskartellamt: Something Old, Something New

Insight

Abstract: Meta v Bundeskartellamt is the culmination of an issue years in the making: the relation between data protection and competition. In contention is the Bka’s finding that Meta’s practice of combining personal data across its many services, in addition to data collected through the integration of its services into third-party...

The EU’s Role in Ammunition Procurement

Insight

Abstract: Russia’s invasion of Ukraine has shaken up the EU approach to defence matters. Funds have been released to help in providing Ukraine with ammunition. More interesting, the European Defence Agency (EDA) has taken up a more active role in the procurement of defence materials. While these developments are still limited, a partial...

Admission et protection des investissements étrangers à l’ère des sanctions européennes contre la Russie visant à protéger l’intégrité territoriale de l’Ukraine

Insight

Abstract: The intensification of restrictive measures adopted by the European Union and its member states in the wake of Russia's offensive in Ukraine raises the question of their interaction with legal regimes applicable to foreign investments which follow diametrically opposed objectives. Indeed, recent trends show that foreign investment regimes...

Before the Gatekeeper Sits the Law. The Digital Markets Act's Regulation of Information Control

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Keywords: Digital Markets Act – gatekeepers – information – data – contestability – fairness.

The entry into force of the Digital Markets Act (DMA) introduces a novelty into the legal lexicon.[1] A new term elbows its way into the bustling debate over the regulation of the...

Fairness in the Digital Markets Act

Insight

Keywords: Digital Markets Act – platform economy – fairness – equity – distribution – legal standard.

The notion of “fairness” is ubiquitous in the Digital Markets Act (“DMA”).[1] Yet, its meaning remains elusive. This piece considers different ways to interpret fairness in the...

Putting Limits on Judicial Creativity: AG Kokott’s Opinion in Commission v CK Telecoms

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Keywords: SIEC – non-collusive oligopoly gap – standard of proof – Advocate General – UPP test – horizontal mergers.

On 20 October 2022, Advocate General (AG) Kokott delivered her Opinion in Commission v CK Telecoms.[1] This constitutes a major recent development in the...

PL Holdings case: The Investor Ordered to Pay the Expropriating State's Costs, a New Consequence of Achmea

Insight

Abstract: In the Swedish Supreme Court's epilogue to the PL Holdings case, the expropriated company lost all its claims against Poland, which had expropriated it. Applying the case law of the Court of Justice of the European Union (CJEU) on intra-European investment arbitration, the Supreme Court did not merely invalidate the ad hoc...

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