Android Auto: the end of the essential facility doctrine as we know it
Kluwer Competition Law Blog
by Giuseppe Colangelo (University of Basilicata)
3d ago
The Grand Chamber of the European Court of Justice’s (CJEU) recent decision in Android Auto marks a pivotal—and possibly final—chapter in the contentious evolution of the essential facility doctrine (EFD) [for a comprehensive analysis of the decision and its implications, see my working paper on “The EU essential facilities doctrine after Android Auto: a wild ..read more
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Main Developments in Competition Law and Policy 2024 – Sweden
Kluwer Competition Law Blog
by Helene Andersson (Advokatfirman Delphi) and Charlotte Karlsson (Advokatfirman Delphi)
4d ago
Introduction and Summary As we move forward from 2024, it is time to reflect on last year’s main developments within Swedish competition law. The Swedish Competition Authority (the “SCA”) has been busy with merger reviews, including a significant case before the Patent and Market Courts. Also, the SCA’s record fine for alleged resale price maintenance ..read more
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Main Developments in Competition Law and Policy 2024 – Spain
Kluwer Competition Law Blog
by David Pérez de Lamo (Cleary Gottlieb Steen & Hamilton LLP), Xavier Bascompte (Cleary Gottlieb Steen & Hamilton LLP) and Pablo González Casín (Cleary Gottlieb Steen & Hamilton LLP)
1w ago
Below we cover the main competition law developments in Spain in 2024, concerning (i) institutions and legislation, (ii) antitrust, (iii) mergers and (iv) State aid.   Institutions and Legislation Teresa Ribera Joins the European Commission as Executive Vice-President and Commissioner for Competition On 27 November 2024, the European Parliament confirmed Teresa Ribera as the Executive ..read more
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Foreign Direct Investment in Spain – National Defence
Kluwer Competition Law Blog
by Pablo Figueroa (Pérez-Llorca, Spain) and Julia M. Böhme (Pérez-Llorca, Spain)
1w ago
With the much-debated reforms to Act 19/2003 of 4 July, on capital movements (“Act 19/2003”), the Spanish foreign direct investment (“FDI”) regime has been expanded over the past few years.  However, FDI screening in relation to defense investments predates Act 19/2003 (and the recent FDI hype more broadly), and was regulated in Royal Decree 664/1999 ..read more
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Main Developments in Competition Law and Policy 2024 – Japan
Kluwer Competition Law Blog
by Sei Shishido (Seikei University, Japan)
1w ago
Intro The year 2024 witnessed significant legislative developments and active enforcement of the Antimonopoly Act (“AMA”) by the Japan Fair Trade Commission (“JFTC”). The year also saw increased scrutiny of digital markets amid legislative efforts targeting major platform operators, reflecting broader global trends to regulate gatekeeping behavior and ensure fair competition. This blog entry is ..read more
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Main Developments in Competition Law and Policy 2024 – Switzerland
Kluwer Competition Law Blog
by Marcel Meinhardt (Lenz & Staehelin) and Laura Berinde (Lenz & Staehelin)
2w ago
In 2024, Swiss competition law saw significant developments. The first instance of abuse of relative market power was determined based on the novel offense introduced in 2022. The Secretariat of the Swiss Competition Commission (“ComCo”) also determined that antitrust principles apply to labor markets, marking a pioneering stance among authorities in its detailed examination of ..read more
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Additional Data Protection Rules for Thee But Not for Me – Bundeskartellamt Sends S/O to Apple in App Tracking Case
Kluwer Competition Law Blog
by Silke Heinz (Heinz & Zagrosek Partner mbB, Germany)
2w ago
Introduction On February 13, 2025, the Bundeskartellamt (Federal Cartel Office, “FCO”) sent its statement of objections to Apple regarding the App Tracking Transparency Framework (“ATTF”), setting out competition concerns based on a preliminary legal assessment (see press release here).  The FCO initiated proceedings under Section 19a ARC and Art. 102 TFEU on June 14, 2022 ..read more
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Criminal Liability for Bid Rigging and Leniency in Criminal Proceedings: a Milestone Judgment in Spanish Case Law
Kluwer Competition Law Blog
by Marina Novo (Suderow Fernández Abogadas)
2w ago
Europe is not alien to Criminal liability for bid rigging. There are even have national criminal codes that consider cartels and bid rigging practices as a criminal offence (see Criminalisation of Cartels and Bid Rigging Conspiracies: A Focus on Custodial SentencesOECD). Notwithstanding this, cases are rare, and judgments addressing this topic are scarce ..read more
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Main Developments in Competition Law and Policy 2024 – Canada
Kluwer Competition Law Blog
by Mark Katz (Davies Ward Phillips & Vineberg LLP, Canada) and Teraleigh Stevenson (Davies Ward Phillips & Vineberg LLP, Canada)
2w ago
For the last few years, a series of significant, iterative amendments to Canada’s Competition Act (Act) have occupied centre stage in any discussion of Canadian competition law and policy. With the last of these amendments coming into force in June 2025, attention is increasingly shifting to how the cumulative amendments will be applied. In this ..read more
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The New Edition of the Antitrust Compliance Toolkit of the International Chamber of Commerce
Kluwer Competition Law Blog
by Alfonso Rincón (MLAB Abogados) and Borja Chastang (MLAB Abogados)
2w ago
Introduction Companies are increasingly aware of the significance of complying with all applicable laws when carrying out their business activities. As a result, companies (both small and large) have implemented compliance programmes covering the most relevant areas of law, to ensure that they comply with these rules to avoid severe consequences, such as high fines ..read more
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