Abstract: This judgment provides the foundations for applying art. 101 TFEU to rules or sporting organisations related to competing organisations. At hand was a rule that banned athletes from competing in non-approved skating competitions. The Commission found this rule to be a restriction of competition by object, which was largely upheld by the...
Abstract: In European Super League Company (ESLC), the Court of Justice was faced with a challenge against the legality of FIFA and UEFA’s prior approval scheme for the creation of, and participation in, breakaway football competitions. The Court’s judgment is lengthy and nuanced, and touches on many of the issues which have characterised the ever-...
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...
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...
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...
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...
Keywords: Digital Markets Act – DMA – consumer protection – EU consumer law – fairness – digital law.
In December 2020, the European Commission proposed a new set of rules in a long-anticipated package falling in line with the European Digital Strategy.[1] The landmark digital...
Abstract: The European responses to the COVID-19 outbreak have triggered an ongoing review process of competition rules and enforcement procedure to support the Union’s priorities. In this context, the European Commission published the Communication ‘A Competition Policy Fit for New Challenges' with the aim of underlining the ability of competition...
Abstract: The latest judgment of the General Court in the Intel case annulled the EU Commission’s decision from 2009 imposing a €1.06 billion fine on Intel for abusing its dominant position by offering fidelity rebate schemes (case T‑286/09 Intel v Commission ECLI:EU:T:2022:19). The judgment reaffirms the application of an “effects...
Abstract: Does a dominant firm abuse its market power in violation of EU competition law and, more specifically, art. 102 TFEU if it accords more favourable treatment to its own products or services than to those of its rivals? In answering this question in the affirmative and holding that self-preferencing constitutes a novel type of abuse of...
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