National competition authorities (NCAs)

Andreas Grünwald, Jens Hackl, Christoph Nüßing, Theresa Oehm (Morrison Foerster)

Germany Adopts Competition Enforcement Act

July 12, 2023

On July 6, 2023, the German parliament adopted the “Competition Enforcement Act.” The new law still lacks final approval by the Bundesrat, which will not be granted before the end of September, but…

Nils Imgarten (University of Göttingen, Germany)

No Binding Effect of NCA Decisions, but Shifts in the Burden of Proof in (Pre-Directive) Private Damages Claims? (Case C-25/21 - Repsol)

May 3, 2023

In a preliminary reference procedure stemming from a private cartel damages action in Spain, the European Court of Justice (‘ECJ’ or ‘the Court’) had to rule on the binding effects of national…

Pieterjan Heynen, Justine Haekens (KU Leuven)

The Crédit Suisse-UBS Merger: Ceci N’est Pas Competition Law

April 13, 2023

The collapse of Crédit Suisse and its subsequent takeover by UBS has produced far-reaching effects, affecting the global banking landscape. Financial stability considerations and market turmoil…

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…

Nils Imgarten (University of Göttingen, Germany)

Disclosure of Documents in Parallel Public and Private Enforcement of Competition Law – The ECJ’s Judgment in C-57/21 – RegioJet

February 1, 2023

The preliminary ruling of 12 January 2023 in RegioJet can easily be perceived as a continuation of the jurisprudence on disclosure rules that was developed by the European Court of Justice (the Court…

Sebastian Reiter (bpv Hügel)

First Stop Regulatory Body, Second Stop National Civil Courts: Jurisdiction to Apply Article 102 TFEU After DB Station and The Future of CityRail

January 30, 2023

Jurisdiction after DB Station At the end of last year, the ECJ rendered a much-anticipated ruling in the DB Station case (C-721/10), which fundamentally clarified the hierarchy between regulators…

Katarzyna Czapracka, Assimakis Komninos, 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…

Marianne Henne Møller, Karoline Narvestad Maurtvedt, Simen Klevstrand (Advokatfirmaet Haavind AS)

Information Exchange in Non-Cartel Cases - A Norwegian Black Swan?

January 12, 2023

Exchanging information with competitors can be a minefield. On 29 November 2022, the Norwegian Competition Authority (NCA) fined Norway’s four largest book publishers and a database provider a total…

Gönül Nur Mingsar (Leiden University)

Bridging the 'Regulatory Gap' in EU Merger Control with Towercast (C-449/21) - A Comparison Between the Member States

November 16, 2022

The impressive acceleration in mergers and acquisitions, combined with the promotion of disruptive business strategies, has put the ‘regulatory gap’[1] paradox at the heart of the current European…