Reason and Fiat in the Google Shopping Case
Kluwer Competition Law Blog
by Justin Lindeboom (University of Groningen & Emile Noël Fellow at New York University School of Law)
22h ago
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 ‘reason’, by which I mean substantive reasoning about how a case should be decided, because no case is exactly like any other, and ‘existing positive law’ hardly ever mechanically determines the outcome of a novel and complex factual matrix. But it also requires reliance on ‘fiat’, which I define as past decisions by courts that carry precedential weight regardless of whether they were substantively corr ..read more
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Microsoft’s DMA Compliance Workshop – The Power of No: The (Odd) New Kid on the Block
Kluwer Competition Law Blog
by Alba Ribera Martínez (Deputy Editor) (University Carlos III of Madrid, Spain)
2d ago
The Digital Markets Act (DMA) became entirely applicable on 7 March 2024. By then, the gatekeepers issued their compliance reports documenting their technical solutions and implementation of the DMA’s provisions under Article 11 DMA as well as their reports on consumer profiling techniques as required under Article 15 DMA (see here). During the last week, I have covered the workshops organised by the European Commission (EC) per each of the gatekeepers under The Power of No series, where the representatives of the undertakings have met with stakeholders to grind their compliance ..read more
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The Awarding of Bundesliga Media Rights for the Seasons of 2025/26 to 2028/29
Kluwer Competition Law Blog
by Holger Jakob (HÄRTING Rechtsanwälte)
3d ago
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 the DFL’s tendering process will begin shortly. However, the FCO has still not decided the associated antitrust issues, which have been hovering over the media rights tenders of the professional leagues in the European Union for over 20 years, in particular the question of the award of exclusive broadcasting rights, for the benefit of functioning competition.   The FCO Notification of 26 Februar ..read more
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ByteDance’s DMA Compliance Workshop – The Power of No: A Walk in the Park
Kluwer Competition Law Blog
by Alba Ribera Martínez (Deputy Editor) (University Carlos III of Madrid, Spain)
4d ago
The Digital Markets Act (DMA) became entirely applicable on 7 March 2024. By then, the gatekeepers issued their compliance reports documenting their technical solutions and implementation of the DMA’s provisions under Article 11 DMA as well as their reports on consumer profiling techniques as required under Article 15 DMA (see here). I will be covering the workshops organised by the European Commission (EC) per each of the gatekeepers under The Power of No series, where the representatives of the undertakings meet with stakeholders to grind their compliance strategies and solutions. This blog ..read more
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Alphabet’s DMA Compliance Workshop – The Power of No: A Gargantuan Task Ahead and a Dual Role in Balancing Interests
Kluwer Competition Law Blog
by Alba Ribera Martínez (Deputy Editor) (University Carlos III of Madrid, Spain)
1w ago
The Digital Markets Act (DMA) became entirely applicable on 7 March 2024. By then, the gatekeepers issued their compliance reports documenting their technical solutions and implementation of the DMA’s provisions under Article 11 DMA as well as their reports on consumer profiling techniques as required under Article 15 DMA (see here). I will be covering the workshops organised by the European Commission per each of the gatekeepers under The Power of No series, where the representatives of the undertakings meet with stakeholders to grind their compliance strategies and solutions. This blog post ..read more
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Amazon’s DMA Compliance Workshop – The Power of No: Customer-Obsessed Pathos
Kluwer Competition Law Blog
by Alba Ribera Martínez (Deputy Editor) (University Carlos III of Madrid, Spain)
1w ago
The Digital Markets Act (DMA) became entirely applicable on 7 March 2024. By then, the gatekeepers issued their compliance reports documenting their technical solutions and implementation of the DMA’s provisions under Article 11 DMA as well as their reports on consumer profiling techniques as required under Article 15 DMA (see here). I will be covering the workshops organised by the European Commission per each of the gatekeepers under The Power of No series, where the representatives of the undertakings meet with stakeholders to grind their compliance strategies and solutions. This blog ..read more
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Meta’s DMA Compliance Workshop – The Power of No: Making Perfectly Rational Choices
Kluwer Competition Law Blog
by Alba Ribera Martínez (Deputy Editor) (University Carlos III of Madrid, Spain)
1w ago
The Digital Markets Act (DMA) became entirely applicable on 7 March 2024. By then, the gatekeepers issued their compliance reports documenting their technical solutions and implementation of the DMA’s provisions under Article 11 DMA as well as their reports on consumer profiling techniques as required under Article 15 DMA (see here). I will be covering the workshops organised by the European Commission per each of the gatekeepers under The Power of No series, where the representatives of the undertakings meet with stakeholders to grind their compliance strategies and solutions. This blog ..read more
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Apple’s DMA Compliance Workshop – The Power of No: Breaking Apart the Bundle?
Kluwer Competition Law Blog
by Alba Ribera Martínez (Deputy Editor) (University Carlos III of Madrid, Spain)
1w ago
The Digital Markets Act (DMA) became entirely applicable on 7 March 2024. By then, the gatekeepers issued their compliance reports documenting their technical solutions and implementation of the DMA’s provisions under Article 11 DMA as well as their reports on consumer profiling techniques as required under Article 15 DMA (see here). During the following week, I will be covering the workshops organised by the European Commission per each of the gatekeepers under The Power of No series, where the representatives of the undertakings meet with stakeholders to grind their compliance strategies and ..read more
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The Comeback of the China Railway Rolling Stock Corporation and the FSR
Kluwer Competition Law Blog
by Pablo Torres Méndez (College of Europe, Bruges)
1w ago
It is often said that one of the greatest things about watching an important character is people wondering when he is going to make his comeback. In 2019, thirteen days after the prohibition of Siemens’ proposed acquisition of Alstom was published by the European Commission, Germany and France issued a public Manifesto ‘for a European industrial policy fit for the 21st century‘. The merger approval would have created a great European leader in rolling stock manufacturing to compete with giants such as China Railway Rolling Stock Corporation (CRRC), Russian CJSC Transmashholding or US ..read more
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The Apple App Store – A New Kind of Hallmark Case
Kluwer Competition Law Blog
by Daniel Mândrescu (Leiden University)
1w ago
After almost three years since the Commission sent Apple its statement of objections, which was significantly trimmed down, the Commission reached a finding of abuse for which it imposed a whopping fine of 1.8 billion euros. Alongside this case, Apple was also involved in an almost identical case running parallel in the Netherlands, with similar findings. Meanwhile, during these procedures, the Digital Markets Act, which covers the main constraints in both cases, entered into force and is expected to change the AppStore terms significantly. The interplay between these three developments delive ..read more
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