Abuse of dominance

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Introduction Over the summer, the Commission published its long-awaited draft Article 102 Guidelines (‘draft GL’) for comments.[1] The stated intention of the Commission is to base the Guidelines on…

On 27 June 2024, the EU Court of Justice (“CJEU”) issued its judgments in the Perindopril (Servier) case. The judgments follow a European Commission (“EC”) decision of 9 July 2014, and a series of…

The European Commission has published for public consultation its long-awaited draft Guidelines on exclusionary abuses (draft Guidelines). The draft Guidelines aim at making it faster and easier for…

Background Asymmetrical relationships can be defined as unequal status or power relations between participants, whose roles are termed superior (...) and subordinate. Expectations and behaviour are…

Europe has been a frontrunner in the regulation of artificial intelligence on a global scale. The adoption of the Artificial Intelligence Act (AI Act) defines one – despite important – step of the…

In last week's leading case on the abuse of a dominant position (2C_698/2021), the Federal Supreme Court sweepingly redefines the interpretation of abusive pricing and margin squeezes as well as the…

Interpreting and applying Article 102 TFEU – at least in all difficult cases that typically reach the courts – requires a combined reliance on both ‘reason’ and ‘fiat’. It requires reliance on …

Tension is mounting among TV broadcasters and streaming providers as the German Bundeskartellamt (Federal Cartel Office - FCO) approved the plans to award the media rights on February 26, 2024 and…

Introduction On 23 August 2023, the Turkish Competition Authority (“TCA”) announced that it had fined Sahibinden Bilgi Teknolojileri Pazarlama ve Ticaret A.Ş. (“Sahibinden”) for abuse of dominance…