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Case Comments
The Court of Appeals confirmed the extension of the precautionary measure in the “WhatsApp” case until the end of the investigation* The Federal Civil and Commercial Appeals Chamber confirmed the temporary extension of the advance protection measure recommended by the National Commission for (...)
A552 - Italian Competition Authority: Following the Authority’s intervention, Google’s data portability becomes easier* Google’s investigation into alleged abuse of its dominant position has been closed with commitments. From now on it will be easier for users to transfer their data from (...)
The Case of Microsoft: Why Software Monocultures Also Play a Role Beyond Antitrust Considerations* After the rumor mill had been bubbling for weeks in advance, it became official at the end of July 2023: the European Commission announced on its website the initiation of official antitrust (...)
GVH investigates how Microsoft informs consumers about its new search service* Budapest, July 2023, 25 - The Hungarian Competition Authority (GVH) has launched an investigation against Microsoft for possible failing to adequately inform users about certain features of its search engine with (...)
Judgment of the CJEU: a national competition authority may find a violation of the GDPR in the context of the examination of an abuse of a dominant position* In its judgment of July 4, 2023 in case C-252/21, the Court of Justice of the European Union (CJEU) ruled that a national competition (...)
On 4 July 2023, the Court of Justice (“CJEU”) handed down its highly anticipated judgment in Case C-252/21 Meta v Bundeskartellamt on the interplay between EU competition law and the EU’s General Data Protection Regulation (the “GDPR”). The CJEU held that competition authorities can analyse a (...)
On July 4, 2023, the Court of Justice of the European Union (“CJEU”) issued a landmark decision in Case C-252/21 regarding the compliance of a well-known social network with the GDPR (Regulation EU 2016/679) and competition law in collecting personal data and the related consent for the (...)
A legal and technical analysis of the data impacts of the merger carried out by Privacy International (PI) suggests that the merger would threaten competition in and across several potential markets. In its submissions to the EU Commission (EC), which granted it interested third party status (...)
Meta (Facebook) introduces new accounts center – an important step in the implementation of the Bundeskartellamt’s decision* Bonn, 7 June 2023: Meta has announced plans to introduce a new accounts center. The accounts center will allow Meta’s customers for the first time to make a largely (...)
Competition: The action brought by Meta Platforms Ireland (Facebook group) against a Commission request seeking disclosure of documents identified by means of search terms is dismissed* The General Court finds that Meta Platforms Ireland has not successfully demonstrated that the request to (...)
On May 24, 2023, the General Court of the European Union handed down two judgments incase T-451/20 (Meta Platforms Ireland v. European Commission) and incase T-452/20 (Meta Platforms Ireland v. European Commission).. In it, he dismissed in their entirety, and in much the same terms, the (...)
The judgment under review deals, for the first time, with the legality of a request for information containing search terms to be used made on the basis of Article 18 of Regulation 1/2003, on the one hand, and the legality of a virtual data room procedure for documents containing sensitive (...)
Messenger and video services: Bundeskartellamt on data protection, transparency and interoperability* Today the Bundeskartellamt has published the final report on its sector inquiry into messenger and video services. Andreas Mundt, President of the Bundeskartellamt: “Messenger and video (...)
Burando Holding B.V. and Port Invest v. the Netherlands (applications nos. 3124/16 and 3205/16) The applicant companies, Burando Holding B.V. and Port Invest B.V., are two Dutch companies involved in the collection of waste liquids from ships in the Rotterdam region. At the time of the (...)
Janssen de Jong Groep B.V. and Others v. the Netherlands (no. 2800/16) The applicant companies, Janssen de Jong Groep B.V., Janssen de Jong Infra B.V. and Janssen de Jong Infrastructuur Nederland B.V., are three Netherlands-based companies. Janssen de Jong Groep B.V. is the sole shareholder (...)
Articles
This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)
Privacy in competition cases is becoming common due to the importance of data. The literature thus focuses on the role of data and privacy in antitrust and merger control laws. Yet, the literature does not offer an empirical overview of the cases to understand how countries investigate the (...)
The Data Act proposes new data access and sharing rights for IoT device users to unlock data that are under the exclusive control of manufacturers for more innovation and competition, especially in secondary markets. However, the analysis in this paper shows that this objective will not be (...)
This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)
Interview conducted by Nicolas Charbit, Editor, Concurrences and Séverine Schrameck, Partner, Cleary Gottlieb Steen & Hamilton General In October 2021, you left the Competition Authority after a five-year term. In a speech to the competition community, you took stock of your work and (...)
Regulating digital platforms: Is sectoral regulation the answer? Laurence Bary Partner, Dechert, Paris 1. In December 2020, the European Commission introduced its proposal for the Digital Market Act (“DMA”). Following the high-profile decisions in the Google cases and the midst of ongoing (...)
Powerful intermediaries represent two old symbols of evil: middlemen and monopolies. Their power is arguably a product of unlawful monopolization and their practices are arguably unfair, unjust, and exploitative. Such beliefs have been guiding the present surge of populist demonization of (...)
Technology’s impact on competition in the financial services sector is profound. It has changed the competitive landscape by laying the ground for new financial products and services offered by traditional banks, fintechs and big tech. This has created new issues for antitrust enforcement and (...)
As Commission inspections area “clear interference” with the fundamental right to the inviolability of the home, they are only admissible if all guarantees are put in place to avoid arbitrary interventions. In particular, the Commission must provide evidence of “sufficiently serious indicia” (...)
This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)
Cette rubrique Livres recense et commente les ouvrages et autres publications en droit de la concurrence, droit & économie de la concurrence et en droit de la régulation. Une telle recension ne peut par nature être exhaustive et se limite donc à présenter quelques publications récentes (...)
This contribution written by Christophe Lemaire (co-director of the Master 2 European Union Economic Law at the University of Paris 1 Panthéon-Sorbonne and associate lawyer, Ashurst Paris) was collected following the annual "Droit & Commerce" conference organised on 26 June 2021 in (...)
Competition authorities are under severe political pressure to intervene quickly against the digital behemoth for a variety of reasons. Various expert reports have suggested that traditional antitrust or competition law enforcement and merger control are inadequate or insufficient to deal with (...)
This special issue offers the antitrust community the opportunity to reflect on how AI is de facto affecting all markets—thus competition law. It shows what competition law can learn from AI and viceversa. The issues discussed in these articles include the adoption of algorithms and (...)
The integration of public interest considerations is not only desirable, but possible because of the permeability of the competition rules to the reception of well-being by the competitive parameters of quality, choice and innovation in addition to that of price. The scope for progress depends (...)
Events
4th webinar of the 2nd « Antitrust in Life Sciences » Conference organised by Concurrences, in partnership with The Brattle Group and Wilson Sonsini, with Sarah Oxenham Allen (Chair, NAAG Antitrust Taskforce | Senior Assistant Attorney General and Antitrust Unit Manager, Virginia Office of the Attorney General), Josephine Duh (Senior Associate & Co-Leader of Healthcare & Life Sciences Practice, The Brattle Group), Barak Richman (Professor, Duke University), Lucia Savage (Chief Privacy and Regulatory Officer, Omada Health), and Joshua Soven (Partner, Wilson Sonsini).
2nd Webinar of the « 2nd Cartels Workshop » organised by Concurrences, in partnership with Herbert Smith Freehills and FTI Consulting, with Ashley Brickles (Senior Managing Director, FTI Consulting), Aymeric de Moncuit (Référendaire, CJEU), Karima El Sammaa (Senior Antitrust Counsel, General Electric), Dirk Van Erps (Adviser to the Deputy Director-General for Antitrust and Cartels, DG COMP) and Daniel Vowden (Partner, Herbert Smith Freehills).
Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with CRA, with Rohit Chopra (Commissioner, Federal Trade Commission), Andrea Gomes da Silva (Executive Director - Markets and Mergers, UK Competition and Markets Authority), Andreas Mundt (President, Bundeskartellamt), Isabelle de Silva (President, Competition Authority), and moderated by Cristina Caffarra (Head of European Competition, CRA).
4th Webinar and Closing Speech of the « 4th Innovation Economics Conference » organised by Concurrences, in partnership with Compass Lexecon, with Daniele Condorelli (Associate Professor, University of Warwick, Academic Affiliate at Compass Lexecon), Alexandre de Cornière (Assistant Professor, Toulouse School of Economic), Amelia Fletcher (Professor, University of East Anglia), Andreas Mundt (President, Bundeskartellamt), Sir Peter Roth (President, Competition Appeal Tribunal), Mike Walker (Chief Economic Adviser, Competition and Markets Authority) and Richard Whish QC (Hon) (Emeritus Professor, King’s College London).
Annual Concurrences & George Washington University conference, with the support of Axinn, Cornerstone Research, CRA, Orrick, Von Wobeser y Sierra, White & Case, Wilson Sonsini Goodrich & Rosati, and MLex.
Dinner organised by Concurrences Review with keynote speaker Isabelle de Silva (President, French Competition Authority) in partnership with White & Case and Compass Lexecon.
Dinner organised by Concurrences Review with keynote speaker Andreas Mundt (President, Bundeskartellamt) in partnership with White & Case and Compass Lexecon.
Law & Economics workshop organised by Concurrences Review with Thomas Kramler (DG COMP), in partnership White & Case and Compass Lexecon.
Law & Economics workshop organised by Concurrences review in partnership with White & Case and Analysis Group.
Law & Economics workshop organised by Concurrences Review with Malte Beyer-Katzenberger (DG Connect) in partnership with McDermott Will & Emery and CRA.
This fourth edition of the Antitrust in Asia Conference was organized by Concurrences Review with the support of The Chinese University of Hong Kong and the Hong Kong Competition Association, in partnership with Allen & Overy, Baker McKenzie, Charles River Associates, Compass Lexecon, Goodmans, King & Wood Mallesons, Linklaters, O’Melveny & White & Case. Media partners for this event were MLex and PaRR.
Law & Economics worshop organised by Concurrences review in partnership with Allen & Overy and Compass Lexecon.
Conference organised in Brussels by Concurrences Review in partnership with Copenhagen Economics, Shearman & Sterling and White & Case.
Workshop organised by Concurrences Review in partnership with Shearman & Sterling and MAPP.
Conference organised by Concurrences Review and King’s College London, in partnership with Cleary Gottlieb, Clifford Chance, Compass Lexecon, Freshfileds Bruckhaus Deringer and White & Case.