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Meta v Bundeskartellamt: Something Old, Something New

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  • 57542 reads
Peter J. van de Waerdt

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...

European Papers, 08.01.2024 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Competition and the private sector

The EU’s Role in Ammunition Procurement

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  • 27568 reads
Roberto Caranta

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...

European Papers, 22.12.2023 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, Public contracts, The International Dimension of European Integration, Security and military integration

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

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  • 6587 reads
Elise Ruggeri Abonnat

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...

European Papers, 21.11.2023 | Posted in
Internal Market - Freedoms of Movement and Competition Law, The International Dimension of European Integration, The external action of the European Union, International trade law and policy, Economic, financial and social integration

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

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  • 16439 reads
Sara Guidi

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...

European Papers, 26.07.2023 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Competition and the private sector

Fairness in the Digital Markets Act

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  • 10799 reads
Linus J. Hoffmann

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...

European Papers, 12.04.2023 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Competition and the private sector

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

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  • 6392 reads
Eun Hye Kim

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...

European Papers, 28.03.2023 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Competition and the private sector

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

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  • 12613 reads
Raphaël Maurel

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...

European Papers, 10.02.2023 | Posted in
The Constitutional Dimension of the European Union, Competences, The impact of EU law over national law, Internal Market - Freedoms of Movement and Competition Law, Companies, EU Policies and the Area of Freedom, Security and Justice, Union Policies

Digital Markets Act (DMA): A Consumer Protection Perspective

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  • 31202 reads
Anna Moskal

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...

European Papers, 31.01.2023 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Competition and the private sector
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