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Algorithmic Collusion: Corporate Accountability and the Application of Art. 101 TFEU

Insight
  • 40952 reads
Maria Giacalone

Abstract: The increasing reliance on artificial intelligence (AI) to set market prices, especially in digital markets, has led to the threat of algorithmic collusion, where pricing algorithms align market behavior among competitors without explicit human agreement. This Insight examines the implications of such practices, highlighting the...

European Papers, 21.01.2025 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Competition and the private sector

GDPR Meets Unfair Competition Law: The Lindenapotheke Ruling and Its Implications for Data Subjects and Controllers

Insight
  • 18082 reads
Anna Fiorentini

Abstract: On 4 October 2024, the Grand Chamber of the European Court of Justice (ECJ) issued a landmark judgment that adds significant depth to the interpretation of the GDPR, especially concerning its interplay with unfair competition law and the concept of “special categories of personal data”. After analysing the facts of the case and the ECJ’s...

European Papers, 24.12.2024 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Competition and the private sector, EU Policies and the Area of Freedom, Security and Justice, Union Policies, The European Integration Through Human Rights, Protection of human rights in Europe

On Mutual Recognition and the Possibilities of a “Single European Polity”: The Opinion of AG Collins in Case C-181/23 Commission v Malta

Insight
  • 4522 reads
Stephen Coutts

Abstract: The Advocate General’s Opinion in Commission in Commission v Malta is a useful opinion. Not because it is correct but because it highlights the central issue at stake in the case: the question of mutual recognition and its implications. The automatic mutual recognition of Member State nationality found in Micheletti has...

European Papers, 29.11.2024 | Posted in
The Constitutional Dimension of the European Union, The impact of EU law over national law, Internal Market - Freedoms of Movement and Competition Law, Citizenship

The If and the How: Losing the EU Citizenship, but with Due Regard to the Due Process of (EU) Law

Insight
  • 22763 reads
Francesco Luigi Gatta

Abstract: The judgment in Stadt Duisburg, concerning the loss of German (and, thus, EU) citizenship in the context of naturalization proceedings, adds a new chapter to the “judicial saga” of loss of a Member State’s citizenship and compatibility of its national measures with EU law. This Insight focuses on such a case-law of the...

European Papers, 18.06.2024 | Posted in
The Constitutional Dimension of the European Union, Competences, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, Citizenship

On Thin Ice: The Court’s Judgment in Case C-124/21 P, International Skating Union v Commission

Insight
  • 18188 reads
Hans Vedder

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...

European Papers, 10.05.2024 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, Competition and the private sector

Changing the Flow: The European Response to the Russian Weaponization of Gas

Insight
  • 28736 reads
Alberto Vecchio

Abstract: This Insight offers an overview of the EU's evolving energy policy in the face of the energy crisis which followed the Russian illegal invasion of Ukraine, highlighting the critical interplay between legal measures, market dynamics, and geopolitical strategy. In the first section, the Insight will examine the history of...

European Papers, 15.04.2024 | Posted in
Internal Market - Freedoms of Movement and Competition Law, EU Policies and the Area of Freedom, Security and Justice, The International Dimension of European Integration, The external action of the European Union

European Super League Company and the (New) Law of European Football

Insight
  • 42918 reads
Guillermo Íñiguez

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-...

European Papers, 27.03.2024 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Competition and the private sector

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

Insight
  • 29401 reads
Cristina Campiglio

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...

European Papers, 04.03.2024 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, EU Policies and the Area of Freedom, Security and Justice, Judicial cooperation and private international law
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