Direct effect


The EU Court of Justice rules that Article 102 TFEU permits ex post merger control, at the national level, with a non-Community dimension (Towercast)
European Court of Justice (Luxembourg)
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 (...)


The EU Court of Justice resurrects an old doctrine to permit the challenge of completed mergers that fall outside the merger thresholds under Art. 102 TFEU (Towercast)
Shearman & Sterling (London)
Shearman & Sterling (London)
Shearman & Sterling (Brussels)
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 (...)

State Aids

The EU Commission approves €1.36B Greek scheme to compensate energy-intensive companies for indirect emission costs
European Commission - DG COMP (Brussels)
State aid: Commission approves €1.36 billion Greek scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Greek scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission approves a Greek aid scheme whose objective is to support vulnerable and less prosperous households and micro or small enterprises struggling to repay mortgages and loans
Maastricht University
An Innovative Scheme to Support Individual Borrowers* Individuals and households are not undertakings. However, any public funding of individuals or households may constitute indirect aid to undertakings. Such aid may be exempted on the basis of Article 107(2)(a) TFEU. Introduction (...)


The EU Court of Justice clarifies the eligibility requirements of claims for indirect damages caused by a violation of Art. 101 TFEU (Otis / Land Oberösterreich)
University of Liège
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 (...)

The US Supreme Court holds that App store consumers are direct purchasers of the Big Tech company and are thus not precluded from suing for damages under federal antitrust law (Apple / Pepper)
Bona Law (San Diego)
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, (...)

The EU Court of Justice rules that the authorities of a Member State may rely on the provisions of a non-transposed directive against a body holding a public service concession (Portgás)
University of Bristol - Law School
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 (...)


The EU Commission publishes a draft on a legislative package promoting a single market for digital services
Squadra Avocats (Paris)
University Littoral-Côte d’Opale (Boulogne-sur-Mer)
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 (...)