Main Developments in Competition Law and Policy 2023 – The Netherlands
Kluwer Competition Law Blog
by Pauline Kuipers (Bird & Bird) and Reshmi Rampersad (Bird & Bird)
4d ago
Introduction In 2023, the ACM has again shown its commitment to enforcing competition law with the aim of protecting the interests of consumers. The imposition of hefty fine of nearly 8 million EUR on LG for vertical price-fixing conduct, similar to the Samsung case in 2022, sends a strong message to other companies engaging in such practices. The ACM’s investigations into illegal arrangements involving IT devices also demonstrates its focus on addressing issues in emerging markets. 2023 also showed some essential court rulings regarding ACM’s enforcement decisions, which they help clarify the ..read more
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Limitation Periods in Antitrust Actions for Damages: How the CJEU Tamed the Tyrant of Time – Heureka Group, C-605/21
Kluwer Competition Law Blog
by Mariya Serafimova (Court of Justice of the European Union)
4d ago
According to the German philosopher Johann Gottfried Herder, the two greatest tyrants on Earth are chance and time. The word ‘tyrant’ is derived from Ancient Greek ‘tyrannos’ to describe an ‘absolute ruler unrestrained by law or constitution’. Certainly, actions for damages in competition law may depend on numerous factors substantially determined by chance (e.g. questions like whether a particular claimant has been affected by a specific antitrust conduct, whether the infringement is detected at all, or if claimants are able to enforce their rights in cases of collective or scattered harm, cf ..read more
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A Game of Hide-and-Seek: The European Commission Does Not Designate Microsoft Ads, Bing and Edge and Apple’s iMessage as DMA Gatekeepers
Kluwer Competition Law Blog
by Alba Ribera Martínez (Deputy Editor) (University Carlos III of Madrid, Spain)
1w ago
The DMA seeks to capture gatekeeper conduct. For that, the regulation applies to those targets of the regulation satisfying the legal category of a gatekeeper. If an undertaking is not a gatekeeper as per a designation decision issued by the European Commission (EC), then it will not remain captured by the regulatory instrument. In September 2023, the EC designated six gatekeepers with respect to twenty-two core platform services (CPSs) and left the fate of four CPSs belonging to Apple and Microsoft in the air. The designated gatekeepers and their corresponding CPSs all directly followed the q ..read more
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World Competition Law and Economics Review, Volume 47, Issue 2, 2024
Kluwer Competition Law Blog
by Jose Rivas (Bird and Bird, Belgium)
1w ago
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Michael G. Aguinaldo, Reflections and Musings from My First Year as Chairperson of a Young Competition Authority When the Philippines passed into law its competition act in 2015, it was one of the last countries to enact such law in the region. Its competition authority was formed a year later. Eight years since, and the Philippine Competition Commission’s (PCCs) implementation of the law remains an uphill climb. As a new set of leadership took the helm of the Commi ..read more
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The European Commission’s Stick-Without-A-Carrot DMA Enforcement: Five Non-Compliance Procedures to Capture Blatant Infringements
Kluwer Competition Law Blog
by Alba Ribera Martínez (Deputy Editor) (University Carlos III of Madrid, Spain)
1w ago
The Digital Markets Act (DMA) entails a change in the narrative of the punitive framework applied to digital dominant undertakings under EU competition law. At least, that’s what the European’s digital strategy proposed it to be. The failure of antitrust followed a new paradigm in applying per se rules to gatekeepers, based on cooperative-like mechanisms triggering trust relationships between the targets of the regulation and the public authority. Well, that illusion has vanished. The rare vision of DMA enforcement based on cooperative iterations with gatekeepers was only a dream, past the wit ..read more
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Equality in Truck Cartel Damages Compensation: The Spanish Supreme Court Judgments of 14 March 2024
Kluwer Competition Law Blog
by Francisco Marcos (IE Law School)
1w ago
Introduction Nowadays, it is not uncommon for Spanish courts to have to rule on disputes where there is uniformity in the facts and the applicable legal rules. In civil courts, mass litigation arose as a result of nullity suits filed by consumers in banking and financial matters regarding contracts for the subscription of banking products (preferred shares, subordinated debentures, swaps, etc.) and for the abusiveness of certain clauses incorporated in mortgage loans (floor, IRPH, multi-currency, early maturity, expenses, etc.) or in credit card contracts (usury). The proliferation of lawsuits ..read more
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Should the MEO Principle Apply to Charges set by Legislation? T-486/18 RENV – Danish Butchers’ Federation (DBF)
Kluwer Competition Law Blog
by Cees Dekker (Simmons & Simmons)
1w ago
Introduction By judgment of 10 April 2024, the General Court (GC) annulled  Decision 19.4.2018 –  SA.37433 of the European Commission (EC) finding that Danish legislation concerning charges for wastewater treatment did not constitute State aid. In my view, the GC misapplied the Market Economy Operator Principle (MEOP) in this case when it assessed the legislation and the GC wrongly considered the EC Notice on the Notion of State aid as a self-limitation for the EC when applying Article 107(1) TFEU. This was the second time that the GC had to consider DBF’s appeal. The ECJ annulled th ..read more
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Main Developments in Competition Law and Policy 2023 – Belgium
Kluwer Competition Law Blog
by Lodewick Prompers (Linklaters LLP), Sari Corrijn (Linklaters LLP) and Florian Jonniaux (Linklaters LLP)
1w ago
2023 proved another fruitful year for the Belgian competition law scene. The ambitious agenda of the Belgian Competition Authority (“BCA”) resulted in a busy and impressive enforcement record. To sum up a couple of highlights in a single sentence, the BCA: was the first competition authority to apply the landmark Towercast judgment, conducted several sectoral investigations, issued three antitrust infringement decisions, imposed conditions in two mergers, made a referral request to the European Commission under Art. 22 of the EU Merger Regulation (in Qualcomm / Autotalks) and, last but not lea ..read more
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Main Developments in Competition Law and Policy 2023 – Cyprus
Kluwer Competition Law Blog
by Eleni Neoptolemou (Harris Kyriakides), Maria Afxentiou (Harris Kyriakides) and Jomana Nayed (Harris Kyriakides)
1w ago
Although 2023 was not a year of significant changes to the competition legislative landscape in Cyprus, it witnessed the implementation of competition law developments from 2022, in both substantive and ancillary legislation.   Regulatory background In Cyprus, competition law is governed by the Protection of Competition Law of 2022 (Law No. 13(I)/2022). Law 13(I)/2022, in conjunction with the Control of Concentrations of Undertakings Law of 2014 (Law No. 83(I)/2014), establishes the rules and principles that have as an objective the maintenance of effective competition within the Cyprus m ..read more
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What to expect during dawn raids under the DMA, the DSA, and the draft AI Act
Kluwer Competition Law Blog
by Pauline Kuipers (Bird & Bird), Saskia King (Bird & Bird), Marcin Alberski (Bird & Bird) and Reshmi Rampersad (Bird & Bird)
2w ago
In light of recent information about new probes under the DMA and the DSA, and the growing interest in enforcement of the draft AI Act, we decided to explore what investigatory powers are available to the European Commission and local authorities under these regulations, and more specifically how the enforcing authorities can conduct dawn raids to collect information about practices infringing the said regulations. This note examines what triggers such inspections, who can be inspected, and how such inspections differ from what we know in competition law enforcement.   Introduction & ..read more
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