Direct effect

The prohibition of abuse of a dominant position laid down by the Treaties permits an ex post control, at national level, of a concentration of undertakings with a non-Community dimension* The temporal effects of a judgment of the Court confirming the applicability of that prohibition should (...)

Overview The European Court of Justice (CJEU) brought back to life an old theory which allows acquisitions, which fall below EU and national merger control thresholds, to be challenged post-completion under abuse of dominant position rules (Article 102 TFEU). The judgment creates yet another (...)

The parties Otis GmbH, is an Austria based manufacturer and provider of maintenance services for elevators and escalators. Taken over in 1969, they are now a subsidiary of the American Otis Elevator Company Corp. Schindler (Schindler Liegenschaftsverwaltung GmbH and Schindler Aufzüge und (...)

This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. This is part two of an article about the Supreme Court’s 2019 decision in Apple v. Pepper, the classic antitrust cases of Illinois Brick and Hanover Shoe, (...)

CJEU: vertical effect of Directives goes both ways (C-425/12)* The Judgment of the CJEU of 12 December 2013 in case C-425/12 Portgás may appear to be of interest only for public procurement aficionados (and, even then, only for hardcore ones), as it deals with the potential applicability of (...)

Toward New European Rules for Digital Players in the Internal Market GAFAM (Google, Apple, Facebook, Amazon & Microsoft), the providers of core platform services, are dominating the digital market. In other words, globally, almost all digital services depend on GAFAM. This phenomenon was (...)