Background Asymmetrical relationships can be defined as unequal status or power relations between participants, whose roles are termed superior (…) and subordinate. Expectations and behaviour are largely non-reciprocal (…). This may be reflected in the initiation, termination, direction, amount, form, or style of the communication that takes place. (…) (Goffman).’ (Oxford Reference). Apple was fined by the European Commission €1.8bn for abusing its dominance by imposing anti-steering provisions. These terms and conditions govern the use of Apple’s App Store by developers i.e. companies offerin ..read more

The rise of digital platforms has revolutionised the global economy, yet it has also introduced a range of regulatory challenges and competitive concerns. This situation has resulted in the creation of vast digital ecosystems. The platforms managing these ecosystems have the motivation and capability to exclude suppliers, allowing them to dominate these markets. While simply having dominance in a market is not a concern for competition law, it is the abuse of this dominance that triggers legal intervention. One significant issue is the practice of self-preferencing, where platform operators pr ..read more

The General Court dismissed ByteDance’s action seeking the annulment of the European Commission’s designation decision of its TikTok service. The Extended Composition of the Eighth Chamber of the General Court (GC) confirmed ByteDance’s status as a gatekeeper. The ruling is the first of its kind: the first ruling to address head on the Digital Markets Act’s legal standards. ByteDance’s appeal basically revolved around three main pleas in law: i) the infringement of Articles 3(1) and 3(5) DMA; ii) the violation of its rights of defence; and iii) the infringement of the principle of equal treatm ..read more

Introduction This judgment of the Court of Justice (ECJ) of 13 June 2024 concerns the question if the European Commission (EC) may declare a national measure compatible with the internal market without first determining whether the measure constitutes aid within the meaning of Article 107(1) TFEU. It might be said that it does not matter to the Member State whether a measure is not an aid measure or whether the measure is declared compatible. In either case, the Member State is allowed to implement the intended measure. Although for future measures, it may be important to know whether a measur ..read more

In recent years, the landscape of antitrust damages actions in the European Union has evolved significantly, guided by landmark rulings from the Court of Justice of the European Union (CJEU). Our recent paper provides a comprehensive overview of these developments as part of the Yearbook on Procedural Law of the Court of Justice of the European Union. The Yearbook for 2023 has recently been published and is available open access here. This blog post summarizes the key findings of their analysis, highlighting the transitional phase of antitrust damages actions, the critical role of evidence dis ..read more

The Patent Eligibility Restoration Act of 2023 (PERA), introduced by Senators Thom Tillis and Chris Coons, aims to broaden the scope of patentable subject matter in the U.S. This Act addresses limitations from Supreme Court decisions like Alice Corp. v. CLS Bank International, which have restricted patent eligibility under Section 101 of the Patent Act. One year after its introduction, it is crucial to evaluate its impact on innovation and competition. By broadening patent eligibility, PERA has the potential to foster innovation. However, it also raises significant antitrust concerns. Expanded ..read more

Introduction The reasoned decisions regarding the two separate investigations conducted independently by the Turkish Competition Authority (“TCA”) against suppliers operating in the fast-moving consumer goods (“FMCG”) market were published on the official website of the TCA in May 2024. Both decisions set significant precedents regarding “resale price maintenance”, which the TCA has particularly focused on in recent years. Information regarding the relevant investigations and their outcome is provided below as follows: The investigation against Erbak Uludağ Pazarlama Satış ve Dağıtım A.Ş. (“U ..read more

In its decision of 17 June 2024, the German Federal Cartel Office (FCO) has cleared the takeover of Olink Holding AB (publ), Sweden (“Olink”) by Thermo Fisher Scientific Inc., USA (“Thermo Fisher”) after an extensive review period exceeding five months (press release). This case marks a significant milestone as it is the first time that the FCO has initiated second phase proceedings for a concentration notified under the transaction value threshold. This development also brings the transaction value threshold further into the spotlight in terms of the intensity of the material reviews conducte ..read more

… from the Deputy Editors (Lena, Nils & Alba), who met at the 19th ASCOLA conference in Würzburg (sorry Peter, no lawyers allowed)! Like every year, we will have a small summer slowdown, but we will keep posting. Can’t get enough of competition law? Have a look into our open access series on the main developments of competition law and policy of 2023 in the meantime, covering ever more countries: Argentina Austria Belgium Brazil Canada Chile China Cyprus Czech Republic Denmark European Union France Germany Georgia Iceland Ireland Israel Italy The Netherlands Norway Peru Portugal Romania ..read more

In the complex landscape of global defense procurement, nations often find themselves navigating a delicate balance between fostering domestic capabilities and maintaining fair competition. A landmark case in South Korea’s defense industry has brought this tension into sharp focus, offering valuable insights into the intricacies of antitrust regulation in the context of national security interests. The KSS-III submarine project case study not only illuminates the challenges faced by South Korea but also provides crucial lessons for the international defense community.   Historical Context ..read more