As Efficient Competitor

Jay Modrall (Norton Rose Fulbright, Belgium)

EU Movement on Exclusionary Abuses, but in Which Direction?

May 2, 2023

The European Commission (the Commission) has launched a project to codify EU law on the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU) to exclusionary abuses…

Christian Bergqvist (University of Copenhagen)

Amazon Buy Box - Another Secret Jewel on Discrimination

March 28, 2023

For unknown reasons, DG COMP persists in hiding the jewels when it comes to discrimination cases. This covers BdKEP/Deutsche Post AG from 2004, where DG COMP established (recital 93) how Article 102…

Laura Zoboli (University of Brescia)

Much Ado About Nothing? Italy's SEN Antitrust Saga Comes to an End

February 13, 2023

Facts and court proceedings Before the start of the liberalization process in 1999 with Legislative Decree 79/1999 (“Decreto Bersani”), the Italian electricity market was run singlehandedly by the…

Katarzyna Czapracka (White & Case) , Assimakis Komninos (White & Case) , Niccolò Piga (White & Case)

EU Court of Justice Confirms That the Intel Effects-Based Approach Applies to Exclusive Dealing and Clarifies the Narrow Circumstances Under Which The Conduct of Distributors Can Engage The Liability of a Dominant Company

January 27, 2023

On 19 January 2023, the EU Court of Justice, answering questions from the Italian Council of State, confirmed that the Intel effects-based approach applies also to exclusive dealing practices and…

Selçukhan Ünekbas (European University Institute)

Some Implications of Transatlantic Trade Issues on Competition Law

January 18, 2023

Competition law mainly deals with microeconomic issues. Price theory orients its application, with price, supply, demand, and information being important parameters. However, microeconomics does not…

Johannes Persch (University of Mannheim)

Google Android: The General Court takes its position

September 20, 2022

The long-awaited Google Android decision is out (see the press release here or the full text here). The General Court has dismissed Google’s action almost in its entirety, slightly reducing the…

James Killick (White & Case) , Assimakis Komninos (White & Case) , Jérémie Jourdan (White & Case) , Iakovos Sarmas (White & Case)

EU General Court quashes Qualcomm antitrust fine for “exclusivity payments”, and censures the EU Commission for multiple due process and substantive errors

June 21, 2022

The General Court of the European Union delivered a blow to the European Commission in fully annulling its Qualcomm (exclusivity payments) decision of 2018 and a EUR 997 million fine. Qualcomm v…

James Killick (White & Case) , Assimakis Komninos (White & Case) , Peter Citron (White & Case, Belgium)

EU General Court demands a vigorous effects-based analysis for rebates cases and annuls the European Commission’s Intel decision and the €1.06 billion fine

January 27, 2022

On 26 January 2022, the EU’s General Court (GC) annulled the European Commission’s (EC) €1.06 billion fine on Intel for abusing a dominant position with its rebate schemes.[1] The judgment…