Undertaking (notion)

EU competition law and, more generally, EU economic regulation have gone and are still going through a phase of transformation and evolution. Two different patterns of evolution can be distinguished. A first pattern corresponds to an adaptation that seems to be driven from within the EU, and (...)

"Depending on whether you’re powerful or miserable, Court judgments will make you white or black." (J. de La Fontaine, Les Animaux malades de la peste, Fables, livre VII, 1, 1678) Every company fined by the French Competition Authority faces the question of whether or not to lodge an (...)

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 (...)

Patent hold-up is a complex and contemporary issue, at the confluence of competition law and intellectual property law. In recent years, this practice, which is carried out by patentees, has raised a number of difficulties in both the United States and the European Union. While patent hold-up (...)

Following various proposals in the academic literature, and in the light of the observed decrease in the number of leniency applications received by European competition authorities in the period 2015–2020, the German Monopolies Commission (Monopolkommission) proposed in 2022 to amend the (...)

What is an abuse of dominance in European competition law? Let’s take a 2022 example from a first instance court in Frankfurt, Germany (case 2-03 O 58/22). It ruled on the application of an online seller of individualised number plates for cars to get an injunction against Google. Google had (...)

Interview conducted by Romina Polley, Partner, Cleary Gottlieb Steen & Hamilton, Cologne ********** Wolfgang, you have spent your whole career in competition law and telecom regulation. What are, in your experience, the main differences between competition and regulatory proceedings (...)

This is an updated version of Alain Alexis’ article titled: Foreign subsidy controls: The new European Commission proposal published in November 2021. The Regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market will be applicable from 12 (...)

In February 2022, the Supreme Court of Pakistan admitted appeals on the constitutionality of the Pakistani competition regime, which is likely to decide the future of competition enforcement in the country. This article traces a brief history of the Pakistani competition regime, its (...)

Abstract On the 21st of June, at Paris was held the 13th edition of the "New Frontiers of Antitrust" conference organized by Concurrences. This conference, held each year in Paris since 2009, now ranks first among the European antitrust independent events in terms of venue, press reports and (...)

Article published in Mélanges en l’honneur de Corinne Saint-Alary-Houin, Un droit positif, un droit de progrès, LGDJ, 2020. The author’s views are purely personal. 1. The relationship between insolvency law and competition law is a particularly rich topic of reflection to which Corinne (...)

This paper provides a systematic overview of the procedural rights and obligations of third parties in investigations and proceedings conducted by the European Commission for the enforcement of Articles 101 and 102 TFEU. Third parties are all natural or legal persons, undertakings, and (...)

In 2021, the European Court of Justice handed down an important judgment on private enforcement in Europe. It held that a claimant for damages in a cartel action can sue the subsidiary of the offender. In reaching this conclusion, the Court relied on the concept of undertaking, as developed by (...)

The last months are marked by two important judgments of the Court of Justice, one on international jurisdiction (Volvo case), the other on the liability of the subsidiary for infringements committed by its parent company (Sumal case). A series of judgments on the conflict of laws in time (...)

Table of contents: The zombie threat in the post-Covid-19 economy: Competition policy implications, Frédéric de Bure, Partner, Cleary Gottlieb Steen & Hamilton, Paris How can merger control serve de-zombification?, Gönenç Gürkaynak, Founding Partner, ELIG Gürkaynak Attorneys-at-Law, (...)