Linklaters (London)

Argyris Papaefthymiou

Linklaters (London)
Associate

Argyris Papaefthymiou is an associate at Linklaters, London. His work focuses on EU and Greek competition law, including cartel and abuse of dominance investigations, merger control, horizontal and vertical agreements, and state aid. He has a dual background in law and economics, and regularly advises on behavioural and transactional competition law matters involving complex economic assessments. Prior to joining our firm, Argyris worked on EU competition law matters with a Greek-based and two Brussels-based law firms. He has also worked on state aid matters at the European Commission’s Directorate-General for Competition. Argyris is admitted before the Court of First Instance and the Athens Bar.

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Articles

3099 Bulletin

Stamatis Drakakakis, Argyris Papaefthymiou The EU Commission publishes a Communication on new challenges in competition policy, namely insisting on a progressive phase-out of the COVID-19 crisis and its efforts to deliver on the green and digital transitions

200

On 18 November 2021, the European Commission (hereinafter the “Commission”) published a Communication on “A competition policy fit for new challenges” (hereinafter the “Communication”). The Communication provides an illustrative consolidation of the current work streams – both at the (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU General Court finds a Spanish ship finance scheme to be illegal State aid (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)

77

By its renvoi judgement of 23 September 2020, the General Court upheld the 2013 European Commission decision which found that the Spanish tax lease scheme (“the STL system”) allowing shipping companies to benefit from rebates of up to 30% on the price of vessels built by Spanish shipyards (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission intends to change its approach towards referrals to the EU from national competition authorities for merger control

115

On 11 September 2020, Competition Commissioner Margrethe Vestager announced during the International Bar Association’s 24th Annual Competition Conference, that the Commission intends to change its approach towards referrals to the EU from national competition authorities. Commissioner Vestager (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission investigates into the merger between a big tech company and a health and fitness retail company (Fitbit / Google)

78

On 15 June 2020, Google notified the Commission its intention to acquire Fitbit. A month later, it submitted commitments to address the Commission’s concerns that the proposed transaction would further entrench Google’s market position in the online advertising markets by increasing the (...)

Richard Burton, Argyris Papaefthymiou The EU Court of Justice upholds the Commission’s right to continue inspection at Brussels premises in Power Cable cartel case (Nexans)

235

On 16 July 2020, the Court of Justice of the European Union (the “ECJ”) delivered a judgment dismissing the appeal by Nexans France and its parent company Nexans (together “Nexans”) against the judgment of the General Court of the European Union (the “GC”) in the Power Cables cartel case. By (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission starts a market test inviting comments from interested parties on commitments offered by a pharmaceutical company that had abused its dominant position (Aspen)

94

On 14 July 2020 the European Commission started a market test inviting comments from interested parties on commitments offered by Aspen Pharmacare Holdings. The Commission had opened an investigation in May 2017 over concerns that Aspen had abused its dominant position in a range of national (...)

Andreas Reindl, Argyris Papaefthymiou The UK Competition Authority publishes its final report on online platforms and digital marketing and calls for a new pro-competitive regulatory regime

80

On 1 July 2020, the UK’s Competition and Markets Authority (“CMA”) published its final report on its year-long market study into online platforms and the digital advertising market in the UK. The CMA found that existing competition law tools are not suitable for ensuring effective competition (...)

Stamatis Drakakakis, Ellie Gavriilidou, Argyris Papaefthymiou The EU Commission seeks stakeholders comments to obtain market investigation powers in the form of a “New Competition Tool”

53

On 2 June 2020, the European Commission announced the launch of a public consultation and published an Inception Impact Assessment on an envisaged “New Competition Tool”, which would effectively amount to the Commission acquiring market investigation powers, akin to the ones already held by (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU General Court annuls the Commission’s prohibition of the merger between two telecommunications companies and clarifies the application of the SIEC test to non-coordinated effects in oligopolistic markets (Hutchison 3G / Telefonica)

112

On 28 May 2020, the EU General Court issued a ruling annulling the European Commission’s decision prohibiting the proposed acquisition of Telefónica UK by Hutchison 3G UK. The Commission had examined this transaction as a “four-to-three” merger and had blocked it in 2016, in line with its (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Court of Justice confirms the strict approach to “by object” infringements resulting in the need to use effects analysis on more complex arrangements such as MIF agreements (Budapest Bank)

102

On 2 April 2020, the Court of Justice of the EU delivered its judgment in Budapest Bank on a reference for a preliminary ruling from Hungary’s highest court relating to agreements on fixed multilateral interchange fees (MIFs). In this much-anticipated ruling, the Court of Justice further (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission issues guidelines concerning foreign direct investment and free movement of capital from third countries to protect the EU’s critical assets

64

On 25 March 2020, the European Commission issued Guidance concerning foreign direct investment and free movement of capital from third countries, and the protection of Europe’s strategic assets, ahead of the application of Regulation (EU) 2019/452 (the “FDI Screening Regulation”) in October (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Court of Justice renders a preliminary ruling stating that a dispute between an originator and a generics manufacturer constitutes evidence that they are potential competitors (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)

115

On 30 January 2020, the Court of Justice of the EU rendered its preliminary ruling in Case C-307/18 – Generics (UK) and Others v CMA (Paroxetine). The case originated in a preliminary reference made by the UK Competition Appeal Tribunal (CAT) relating to an appeal against a decision of the UK (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission fines €14.3 million a film production company for restricting the sale of merchandising products (NBCUniversal)

108

On 30 January 2020, the European Commission fined NBCUniversal EUR14,3 million for restricting intellectual property licensees from selling licensed merchandise within the EEA to territories and customers beyond those allocated to them. The Commission found that for over six and a half years, (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The UK Competition Authority publishes a guidance aiming to explain the arrangements applicable during the Brexit transition period

49

On 31 January 2020, the UK formally exited the European Union, following the conclusion of a Withdrawal Agreement between the two. A transition period is in force from 1 February 2020 to 31 December 2020 (subject to extension), during which EU competition law (and EU law in general) will (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU General Court overturns the Commission’s decision ordering the Netherlands to recover illegal State aid from a coffee company (Starbucks)

85

On 24 September 2019, the General Court delivered its judgments in the first two individual tax ruling cases involving transfer pricing within multinationals, providing important guidance on the application of the arm’s length principle in the context of State aid investigations concerning tax (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission publishes the text of its decision to fine a Big Tech company for abuse of dominant position in the market for mobile devices operating systems (Google Android)

181

On 20 September 2020 the European Commission published its long-awaited 327-page explanation of its decision to fine Google €4.34 billion for illegal practices regarding Android mobile devices. The text provides a detailed analysis of some of the most interesting aspects of the decision, (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission fines a Japanese retail and designs company for restricting cross-border sales and online sales (Sanrio)

63

On 9 July 2019, the Commission fined Sanrio, a Japanese company that designs, produces and sells “Hello Kitty” products, EUR6.2 million for breaching Article 101 TFEU by imposing territorial restrictions on cross-border and online sales of merchandising products featuring Hello Kitty and other (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission opens a formal investigation to examine whether an online retail platform’s use of sensitive data from independent retailers infringes competition rules (Amazon)

96

On 17 July 2019, the European Commission opened a formal investigation to examine whether Amazon’s use of sensitive data from independent retailers selling on the platform infringes EU competition rules. Amazon’s dual role, i.e. as a retailer selling on the platform and as the provider of the (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU Commission fines a Japanese imaging manufacturer for gun jumping by way of a two-step warehousing structure (Canon / Toshiba)

56

On 27 June 2019, the European Commission fined Canon EUR28 million for the pre-clearance implementation of its acquisition of Toshiba Medical Systems (TMSC) through the use of a two-step “warehousing” deal structure. In step one, Toshiba transferred 95% of the shares in TMSC in a SPV (...)

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou The EU General Court annuls the Commission’s decision on State aid regarding a Romanian food and beverages company (Micula)

54

On 18 June 2019, the General Court of the European Union handed down its long-awaited judgment in the Micula case ruling that Romania’s payment of the €178 million award constituted illegal State aid. Romania, prior to its EU accession in 2005, implemented a pack of measures aiming to avoid (...)

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