Commission, European

This Glossary matches the list of keywords used by Concurrences search engine. Each keyword is automatically updated by the most recent EU and national case laws from the e-Competitions Bulletin and Concurrences Review. The definitions are excerpt from DG COMP’s Glossary of terms used in EU competition policy (© European Union, 2002) and the OECD’s Glossary of industrial organisation economics and competition law (© OECD, 1993).

Ancillary restraints

Restrictions on the parties to an agreement (including an agreement to form a concentration), which do not constitute the primary object of the agreement, but are directly related to and necessary for the proper functioning of the objectives envisaged by agreement. In the field of co-operation agreements, an example would be an obligation within an R&D agreement not to carry out, independently or together with third parties, research and development in the field to which the agreement relates. An example of a restraint ancillary to a concentration is a non-competition clause imposed by the buyer on the vendor for a transitional period of time. See the Merger Regulation, Commission Notice on restrictions directly related and necessary to concentrations (2005/C 56/03) © European Commission

Related EU and national case law

Gönenç Gürkaynak, Eda Duru, Onur Özgümüş Turkish Antitrust: An overview of competition law

29 October 2020

This Special Issue presents a collection of significant merger precedents issued by the Turkish Competition Board (“Board”), the decisional body of the Turkish Competition Authority (“Authority”), in recent years. The primary goal of this compilation is to offer useful insights on the Board`s approach to merger review, by way of providing a collection of illustrative examples on various trending topics in terms of the Board’s assessment and enforcement practices with respect to merger control.

Peter L’Ecluse The UK High Court rules that complying with a court-ordered disclosure in patent infringement proceedings between pharmaceutical companies does not breach competition law (Teva / Chiesi)

2 June 2020

On 2 June 2020, the UK High Court delivered a judgment in a case pitting pharmaceutical companies Teva UK Limited (“Teva”) against Chiesi Farmaceutici (“Chiesi”) in which Mr Justice Birss ruled that complying with a court-ordered disclosure in patent infringement proceedings does not breach Article (...)

Anne-Sophie Choné-Grimaldi Restriction by object: The French Supreme Court firmly states that the notion of restriction by object must be assessed restrictively, in the absence of experience acquired by antitrust authorities with respect to the relevant practice (Banque postale)

29 January 2020

In the banking sector, the 2000s were marked by the transition to dematerialisation. In the case of cheque cashing, this dematerialisation led to an acceleration in the transfer of sums. As a result, the bank of the issuer of the cheque (the drawer) loses the money sooner and the bank of the (...)

Lucia Antonazzi, Federico Marini Balestra The Italian Supreme Administrative Court accepts appeals against the Authority’s ruling which found that telecommunications companies restricted competition and prevented the development of disaggregated forms of supply of ancillary technical services (Telecom Italia)

23 December 2019

On 23 December, the Italian Supreme Administrative Court ("Consiglio di Stato") accepted the appeals lodged by several companies active in the supply of technical ancillary services and the incumbent network owner, Telecom Italia S.p.A., against the rulings of the Regional Administrative Court (...)

Anne-Cécile Martin Selective distribution: The Paris Court of Appeal validates the territorial restriction of active sale, with regard to the launching of a new product, limited in time and proportionate to the need to protect the network efficiency (Coty / Brandalley)

30 August 2019

By a decision of August 30, 2019 rendered on referral after cassation (Cass. com., May 16, 2018, appeal No. 16-20.040, Concurrences No. 3-2018, obs. A.-C M. p. 110), the Paris Court of Appeal rules again on the liability action brought by a well-known supplier of cosmetic products against an (...)

Jörg Witting The Higher Regional Court of Düsseldorf overturns the German Competition Authority’s decision which sanctioned price parity clauses between hotel platforms and hotel operators (Booking.com)

4 June 2019

On 4 June 2019, the Higher Regional Court of Düsseldorf ruled that price parity clauses which prohibit hotel operators to offer lower room prices on their homepages compared to the prices offered on the booking platform are valid – overruling the decision of the German Federal Cartel Office (...)

Gönenç Gürkaynak, Eda Duru The Turkish Competition Authority approves the transaction concerning the acquisition of joint control over an airline company but gives a "no-go" to certain provisions of the transaction agreement (Air France / Virgin Atlantic)

18 April 2019

This case summary concerns an analysis of the Board’s Air France/Virgin Atlantic decision, in which the Board evaluated the acquisition of joint control over Virgin Atlantic Limited (“ VAL ”) by Air France-KLM S.A. (“ AFKL ”), Virgin Group Holding Limited (“ Virgin Group ”), and Delta Air Lines, Inc. (...)

Anne-Sophie Choné-Grimaldi Online sales: The European Commission imposes a heavy fine to a clothes manufacturer for the setting up of various mechanisms limiting the freedom of its retailers to sell online (Guess)

17 December 2018

The European Commission has just fined the well-known clothing company Guess nearly €40 million for having stipulated various anti-competitive clauses in its distribution contracts. The decision comes in the wake of those that have been adopted in recent years to try to build the online (...)

Karine Biancone Exclusivity: The Paris Court of appeal sanctions a non-competing clause in mono-brand and multi-brand gift cards sector (Conforama, Kering / Edenred France)

12 December 2018

Under the terms of a sale agreement dated March 30, 2007, the shareholders of KADEOS, including FNAC and CONFORAMA HOLDING, sold the entire share capital of KADEOS to Accor Services through its subsidiary ACCENTIV’HOUSE. At the same time, KADEOS and ACCENTIV’HOUSE, which have since merged and (...)

Jean-Michel Vertut Patent: The E.U General Court confirms that certain patent settlement agreements may be restrictive of competition by object (Groupe Servier)

12 December 2018

The EU Court of First Instance issued a judgment illustrating a practice of market access barriers in the pharmaceutical sector (see e.g., internally, from a procedural point of view, Crim. 26 Oct. 2016, no. 15-83477: Letter distr. December 2016, nos. obs.). In a lengthy judgment, the Court of (...)

Faustine Viala The ancillary restraint to a concentration operation, a circumscribed immunity

September 2018

Under European Union (’EU’) Law, the principle governing the assessment of restrictions directly related and necessary to concentrations - known as ancillary restraints - is that of self-evaluation by the parties. In other words, a decision authorizing a concentration is not a blank check that (...)

European Competition Network Brief The Swedish Patent and Market Court upholds decision by Stockholm District Court that excessively long non-compete clauses in share purchase agreements do not constitute infringement of competition rules by object (Alfa Quality Moving)

29 November 2017

Non-compete clauses included in share purchase agreements for a period of five years do not constitute an infringement of competition rules by object* On the 29th of November, the Swedish Patent and Market Court of appeal ruled that anti-competitive clauses included in share purchase (...)

Man Mohan Sharma The Indian Competition Authority issues Guidance note on “non-compete” clauses

12 July 2017

CCI Issues Guidance note on “Non-compete” clause: An Overview* Introduction “Non-compete” obligations are frequently incorporated in M & A transactions to facilitate the effective implementation of a proposed combination. Non-compete obligations enable the Acquirer to secure complete benefit (...)

European Commission The EU Commission opens a formal investigation to assess whether Romania’s gas transmission system operator has abused its dominant position (Transgaz)

1 June 2017

Antitrust: Commission opens investigation into gas export restrictions from Romania* The European Commission has opened a formal investigation to assess whether Romania’s gas transmission system operator Transgaz has been hindering gas exports from Romania to other EU Member States. The (...)

Claire Lavin, Eric Barbier de la Serre, Matt Evans, Philipp Werner The EU Commission publishes a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules

11 April 2017

In April 2017, the European Commission ("Commission") published a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules. The successful candidate will draft a report providing an overview of the market and the relevant (...)

Ilan Sherr The UK High Court concludes that multilateral interchange fees were not restrictive of competition and can be exempted under article 101(3) (MasterCard)

30 January 2017

On 30 January 2017, the United Kingdom (UK) High Court handed down a judgment in favour of MasterCard in a damages claim brought by UK retailers (including Next, Acadia Group and Asda). The claimants alleged that MasterCard’s multilateral interchange fees (MIFs) were illegally restrictive of (...)

Richard Burton The EU General Court endorses a strict approach to ancillary restraints (Portugal Telecom / Telefónica)

28 June 2016

Portugal Telecom and Telefonica cases – Non-compete clauses: General Court endorses strict approach to ancillary restraints Non-compete clauses are standard practice in the context of the acquisition of a business to protect a purchaser’s investment. They guarantee the transfer to the purchaser (...)

Alain Ronzano Infringement by object: The General Court of the European Union confirms the qualification of restriction by object of the non-compete clause between Spanish and Portuguese telephone operators following the acquisition of a brazilian operator by the Spanish operator (Portugal Telecom/Telefónica)

28 June 2016

On 28 June 2016, the General Court of the European Union delivered two judgements in cases T-208/13 (Portugal Telecom v Commission) and T-216/13 (Telefónica v Commission). This case is therefore a cartel case involving the application of Article 101 TFEU, but in the context of a (...)

Grant McKelvey The Stockholm District Court rules that non-compete clauses exceeding 2 years are not necessarily anti-competitive by object (Alfa Quality Moving / NFB Transport Systems / ICM Kungsholms)

16 May 2016

Missing a moving target: Stockholm District Court rules on non-compete clauses*The Stockholm District Court has found against the Swedish Competition Authority (SCA) that a non-compete clause lasting five years did not constitute an infringement of competition rules by object, and has further (...)

Polish Competition Authority The Polish Competition Authority fines a gas supplier for failing to fully comply with a commitment decision (PGNiG)

25 September 2015

PGNiG, Poland’s leading gas supplier, fined for failing to fully comply with a commitment decision* UOKiK has fined Polskie Górnictwo Naftowe i Gazownictwo (PGNiG), a leading Polish oil and gas company, EUR 2.45 mln for failing to comply with a part of the commitment decision it had accepted in (...)

Orsolya Staniszewski The Hungarian Competition Authority interprets the notion of a “direct participant” and confirms that non-competition obligation clauses which benefit the vendor are unlikely to qualify as ancillary restraints (Ringier Axel Springer / Central Médiacsoport)

29 October 2014

On 29 October 2014 the Hungarian Competition Authority cleared the acquisition of two employment websites by Ringier Axel Springer Media AG(“RASMAG”), but warned that the restrictions imposed on the purchaser in the sale and purchase agreement may not qualify as ancillary restraints. It also made (...)

Irene Fraile The EU Court of Justice dismisses the final appeal in a case regarding inter-bank card fees (MasterCard)

11 September 2014

On 11 September 2014, the Court of Justice of the European Union (“CJEU”) dismissed MasterCard’s final appeal against an antitrust infringement decision of 2007. This judgment finally put an end to a seven-year long legal battle over inter-bank card fees and may have a profound impact on banks, (...)

Alain Ronzano Restriction of competition by effect: The Court of Justice of the European Union confirms the anti-competitive nature of the multilateral interchange fees applied by a major card payment system (MasterCard)

11 September 2014

By stop delivered on 11 September 2014 in Case C-382/12 (MasterCard Inc. and Others v Commission), the Court of Justice of the European Union has confirmed in all respects thejudgment of the Court of Justice of the European Communities in Case C-382/12 (MasterCard Inc. and Others v (...)

Kirstie Nicholson The Competition Commission of Singapore clears an acquisition and concludes that a non-solicitation restriction included as part of the merger notification did not amount to ancillary restrictions to the notified acquisition (Cebu Air, SEAir)

20 August 2014

On 20 August 2014, the Competition Commission of Singapore (the “CCS”) issued its grounds of decision clearing the completed acquisition by Cebu Air, Inc. (“Cebu”), of Southeast Asian Airlines (SEAir), Inc. (“SEAir”) (the “Decision”). The CCS, however, concluded that the Strategic Alliance Agreement (...)

Michael A. Carrier The US District Court for the Northern District of California finds that an athletics association’s rules restricting payments to student-athletes violate antitrust laws (O’Bannon / NCAA)

8 August 2014

On August 8, 2014, in O’Bannon v. National Collegiate Athletic Association (NCAA), Judge Claudia Wilken of the U.S. District Court for the Northern District of California found that the NCAA violated the antitrust laws by enacting rules that prevented student-athletes from being paid for the use (...)

Vagnoni The Italian Competition Authority clears a transaction between leading insurance firms for the acquisition of control of a company operating in the same insurance sector (Società Cattolica di Assicurazione / FATA Assicurazioni Danni)

5 March 2014

Background With decision n. 24828 of last 5th March 2014 the Italian Competition Authority (the “Authority”) cleared a transaction for the sale and purchase of shares representing the entire corporate capital of FATA Assicurazioni Danni S.p.A. (“FATA”) from Generali Italia S.p.A. (“Generali (...)

Pablo González De Zárate Catón The EU Advocate General Mengozzi proposes to the Court of Justice to uphold the Commission’s decision prohibiting multilateral interchange fees (Mastercard)

30 January 2014

Background information In its Decision of 19 December 2007 the Commission prohibited Mastercard’s multilateral interchange fees (MIF) that apply to cross-border payments with MasterCard and Maestro-branded consumer credit and debit cards between Member States of the European Economic Area (...)

Kirstie Nicholson The Competition Commission of Singapore ceases investigations into a non-compete clause following a voluntary agreement not to enforce the clause (F&N / Heineken)

4 November 2013

On 4 November 2013, the Competition Commission of Singapore (the “CCS”) issued a media release confirming that it had ceased its investigations into a non-compete clause contained in the Share Purchase Agreement relating to the completed acquisition by Heineken International B.V. (“Heineken”) of (...)

Alain Ronzano Clearance: The French Competition Authority clears a merger in the production and distribution of mineral fertilizers sector (Fertilore/Roullier)

17 October 2013

Decision No 13-DCC-145 of 17 October 2013 on the takeover of Fertilore S.A.S. by the Roullier group concerns an operation involving an overlap of activities in the downstream segment of mineral fertiliser distribution, but also, upstream, in the production of mineral fertilisers. Following its (...)

Alain Ronzano Clearance : The French Competition Authority clears an acquisition of sole control of certain activities of an agricultural cooperative (Terra Lacta/Bongrain)

26 August 2013

Decision No. 13-DCC-115 of August 26, 2013 regarding the acquisition of exclusive control of certain dairy and cheese activities of Terra Lacta by the Bongrain Group is interesting for more than one reason. Firstly, the acquisition of sole control of certain Terra Lacta dairy and cheese (...)

Ercüment Erdem The Turkish Competition Board authorizes the acquisition of a Turkish water supplier by a multinational company (Sirma / Danone)

29 May 2013

The Turkish Competition Board (“Board’’) authorized the acquisition of 51% of the shares of Sırmagrup İçecek Sanayi ve Ticaret A.Ş. (“Sırma’’) by Danone SA (“Danone’’), since this transaction does not create a dominant position or strengthen an existing dominant position in the relevant market. Parties to (...)

Aranka Nagy, Tihamer Toth The Hungarian Competition Authority restricts the scope and duration of ancillary restrictions in the context of a merger (Borealis / Dex)

17 April 2013

I. Facts Borealis AG (“Borealis”) acquired sole control over Borealis Plastomers 1 BV (“BP1”) and Borealis Plastomers 2 BV (“BP2”). Through this latter transaction it also acquired indirect sole control over DEX-Plastomers V.O.F. (“DEX”) that was jointly controlled by BP1 and BP2 before the (...)

Estelle Jegou, Sergio Sorinas Ancillary restraint: The French Competition Authority allows a concentration in the transportation sector to proceed, and declines to consider an exclusive supply agreement as an ancillary restraint (Novatrans, Charles André Group)

14 March 2013

By a decision of 14 March 2013, the French Competition Authority authorised the acquisition of sole control of Novatrans by the Charles André Group (GCA), two companies active in the freight transport sector. Prior to 2006, Novatrans was jointly owned by SNCF, the Charles André Group, the (...)

Alain Ronzano Acquisition of sole control: The French Competition Authority clears acquisition of sole control in the multimodal road and rail transport sector (Novatrans, Groupe Charles André)

14 March 2013

Decision No. 13-DCC-34 of 14 March 2013 relating to the acquisition of exclusive control of Novatrans by the Charles André Group, concerns intermodal transport. Novatrans, until then a subsidiary of SNCF, is an operator of combined rail-road transport on domestic and international lines, while (...)

Aranka Nagy, Tihamer Toth The Hungarian Competition Authority establishes that a contractual restriction cannot be regarded as an ancillary restriction if one of the parties does not constitute an undertaking directly participating in a merger (Spar / Match)

12 March 2013

I. Facts SPAR Magyarország Kereskedelmi Kft. (“Spar”) acquired sole control over a part of Csemege-Match Kereskedelmi Zrt. (“Match”) that comprised assets, equipments and employees of the retail store (“Store”) of Match situated in the MOM Park shopping mall. On the same day when the above-mentioned (...)

Alain Ronzano Acquisition of sole control: The French Competition Authority authorizes the acquisition of sole control of Anvil Finance by Groupe Charles André (Groupe Charles André/Anvil Finance)

1 March 2013

Decision No. 13-DCC-24 of 1 March 2013 relating to the acquisition of exclusive control of Anvil Finance by the Charles André Group concerns the automotive logistics sector. Vehicle logistics services generally include all the operations required to store, prepare and transport vehicles from (...)

Eszter Ritter The Hungarian Competition Authority rules on ancillary restraints and provides an overview of its related practice (Waberer / Szemerey)

20 December 2012

On 20 December 2012 the Hungarian Competition Office ("HCO") cleared a concentration between two Hungarian companies active in forwarding and logistics (Waberer’s Logisztika Kft. ("Waberer") as acquirer and Szemerey Transport Zrt. ("Szemerey") as target) and provided a useful summary of the (...)

Michel Debroux Multilateral interchange fees: The General Court confirms a Commission’s decision against an international payment organisation (Mastercard)

24 May 2012

GCEU, 24 May 2012, MasterCard a.o. v. Commission, Case T-111/08 This is a lengthy procedure which has just had an epilogue, possibly provisional, before the Court of First Instance of the European Union, with the confirmation of the Commission’s decision of 19 December 2007 condemning (...)

Didier Ferrier Selective distribution: The Toulouse Court of Appeal qualifies as disproportionate and likely to distort competition the clause of a selective distribution agreement requiring the presence, physical and permanent, of a pharmacist who holds a degree at the outlet of cosmetic products (Pierre Fabre Dermo Cosmétique)

17 January 2012

Curiously, selective distribution, which was recognised by judges more than 30 years ago before being recognised by the competition authorities, now appears to be more severely appreciated by the former than by the latter. Following the judgment of the Court of Justice of the European Union (...)

Peter Demcak, Robert Neruda The Slovak Antimonopoly Office approved a joint venture in the chemical sector (Henkel/Tiande)

16 December 2011

Relevant facts Antimonopoly Office of the Slovak Republic, Department of concentrations ("Office") approved the concentration consisting in the creation of a joint venture of Henkel Hong Kong Holding Limited ("Henkel") and Tiande Chemical Holdings Limited ("Tiande"). Proceedings before the (...)

Jeffrey May The US Supreme Court declines a petition for review in an antitrust case related to multiple listing service (Realcomp II)

11 October 2011

Antitrust Decision from Supreme Court Unlikely During Current Term* It is beginning to look like the U.S. Supreme Court will not be taking up any antitrust cases in the current term. Last week, the Court denied six petitions for review in antitrust-related matters. Just yesterday, the Court (...)

Jeffrey May The US Supreme Court denies petition to review antitrust price-fixing case in the gasoline industry (Refined petroleum products antitrust litigation)

3 October 2011

Antitrust Decision from Supreme Court Unlikely During Current Term* It is beginning to look like the U.S. Supreme Court will not be taking up any antitrust cases in the current term. Last week, the Court denied six petitions for review in antitrust-related matters. Just yesterday, the Court (...)

Jeffrey May The US Supreme Court denies petition to review alleged antitrust conspiracy case in the health care sector (UPMC / West Penn Allegheny Health System)

3 October 2011

Antitrust Decision from Supreme Court Unlikely During Current Term* It is beginning to look like the U.S. Supreme Court will not be taking up any antitrust cases in the current term. Last week, the Court denied six petitions for review in antitrust-related matters. Just yesterday, the Court (...)

Jeffrey May The US Supreme Court denies petition to review conviction for conspiring to obstruct justice in a price-fixing investigation in carbon products industry (Norris)

3 October 2011

Antitrust Decision from Supreme Court Unlikely During Current Term* It is beginning to look like the U.S. Supreme Court will not be taking up any antitrust cases in the current term. Last week, the Court denied six petitions for review in antitrust-related matters. Just yesterday, the Court (...)

Ercüment Erdem The Turkish Competition Authority releases new guidelines for mergers and acquisitions

27 June 2011

The Guidelines for Undertakings Concerned, Turnover and Ancillary Restraints in Mergers and Acquisitions (the “Guidelines”) which was published in the official website of the Competition Authority on June 27, 2011, was prepared with a view to facilitate the enforcement of the Communiqué No. (...)

Peter J. Wang, Sébastien J. Evrard, Yizhe Zhang The Chinese MOFCOM approves merger between potash producers but requires they continue to supply the Chinese market (Uralkali / Silvinit)

2 June 2011

On June 2, 2011, the Chinese Ministry of Commerce (MOFCOM) announced conditional approval of the merger between Russian potash producers Silvinit and Uralkali. Since the PRC Anti-Monopoly Law ("AML") entered into force in 2008, MOFCOM has published only eight decisions, as it makes public only (...)

Nathalie Jalabert-Doury Ancillary restraints: The French Competition Authority approves without much discussion a clause restricting the ability to join another group during 2 years, combined with a preference clause (Sector of fresh fruits, vegetables and sea products wholesale)

15 February 2011

Council Regulation (EC) No 11-D-03 of 15 February 2011 on practices in the wholesale trade of fresh fruit, vegetables and seafood products. In a decision to dismiss the case, the Authority validated a 2-year non-reaffiliation clause with a preferential right under conditions that left a number (...)

Alain Ronzano Ancillary restriction: The French NCA rules that there is no need to continue the proceeding concerning a clause restricting the ability to join another group in the sector of fresh fruit, vegetables and sea products.

15 February 2011

On 15 February 2011, the Competition Authority issued a decision No 11- D-03 relating to practices in the of fresh fruit, vegetables and seafood, at the end of which, Whereas there is no evidence that the practices in question violate the articles L. 420-1 of the Commercial Code and 101(1) of (...)

Alfonso Lamadrid De Pablo The EU Commission issues new guidelines on the applicability of Art. 101 TFEU to horizontal co-operation agreements equating information exchanges between competitors with cartels

14 January 2011

Information exchange=cartel?* Many have praised the inclusion of some guidance on exchanges of information within the new EU Guidelines on horizontal agreements. Personally, I agree with those arguing that guidance from the Commission was necessary, and I acknowledge that there are some useful (...)

Porter Elliott The French Competition Authority rejects complaint against certain pay TV exclusivity arrangements on grounds of previous merger clearance decision (Canal +)

16 November 2010

On 16 November 2010, the French Competition Authority rejected an antitrust complaint directed against certain exclusivity arrangements concluded by Groupe Canal Plus on the French pay TV markets, insofar as these arrangements were “ancillary” to the French Minister of Economy’s Canal (...)

Glossary

A

Absolute territorial protection • Abuse of dominant position • Abuse of economic dependence • Access to essential facility • Access to information • Access to the file • Agency agreement • Agent • Agreement (notion) • Amicus curiae • Ancillary restraints • Annulment • Anticompetitive objet or effect • Anticompetitive practices • Applicable law • Arbitration

B

Barriers to entry • Bid rigging • Block exemption (Regulation) • Boycott • Brand competition • Burden of proof • Business secrets • Buyer power

C

Cartel • Clearance phase I (merger) • Clearance phase II (merger) • Collecting society • Collective dominance • Collective redress (class action) • Competence • Competition policy • Competition policy • Complaint • Compliance programme • Compulsory license • Concerted practices • Concession • Concurrent jurisdiction • Consumers protection • Consumers’ associations • Control (change) • Control (notion) • Cooperation Agreement • Cooperation between competition authorities • Coordinated effects • Copyright • Corporate group • Corruption • Cost-based access • Criminal sanctions • Cross subsidisation

D

Damages • Dawn raids • De minimis notice • Direct effect • Discriminatory practices • Distribution agreement • Dominance (notion)

E

ECHR • Economic analysis • Economic efficiency • Effect on trade between Member States • Effective judicial protection • Environmental protection • Essential facility • European Competition Network (ECN) • Excess prices • Exchanges of information • Exclusive distribution • Exclusive purchasing agreement • Exclusive right (Art. 106 TFEU) • Exclusivity clause • Exhaustion • Extra-territoriality

F

Failing firm defence • Fine • Fine mitigating • Foreign direct investment (FDI) • Franchising • FRAND

G

Geographic market • Group purchasing organization • Gun jumping

H

Hard core restrictions • Horizontal agreement

I

Individual exemption • Intellectual property right • Interim measures • International competition network (ICN) • Investigations / inquiries • Investigations/ inquiries

J

Joint control • Joint venture • Judicial review

L

Legal privilege • Leniency • Licensing • Limitation period • Low prices

M

Mandatary (distribution) • Margin squeeze • Market economy investor • Market power • Market share • Media pluralism • Merger (notion) • Merger (prohibition) • Merger (withdrawal) • Minority shareholdings

N

Ne bis in idem • Non-competition clause • Notification • Nullity

O

Oligopoly

P

Parallel imports (parallel trade) • Passing-on • Pay-for-delay • Periodic penalty payment • Personal data • Predatory pricing • Preliminary ruling (Art. 267 TFUE) • Price discrimination • Price-fixing agreement • Prices • Principle of effectiveness • Principle of equal treatment • Principle of equivalence • Principle of proportionality • Private enforcement • Privatization • Procedural autonomy • Professional association • Public procurement • Public undertaking

R

Referral (merger) • Refusal to deal • Regulated prices • Relevant market • Remedies (antitrust) • Request for information • Resale price maintenance (RPM) • Resale-below-cost • Right against self-incrimination • Rights of defence • Rule of reason

S

Sector inquiry • Selective distribution • Services of general economic interest • Single branding • Sole control • Spill-over effects • Standard-Essential Patent (SEP) • State action defense • State aid (compatibility) • State aid (existing aid) • State aid (notification) • State aid (notion) • State aid (recovery) • State aid (tax ruling) • State aid (unlawful aid) • State measure • Sudden break of established business relationships

T

Test SIEC (merger) • Test SLC (merger) • Transfer of technology • Transfer pricing • Trustee (mergers) • Turnover threshold (merger) • Tying or tied selling

U

Undertaking (notion) • Unfair competition • Universal service

V

Vertical agreement • Vertical restraints (or restrictions)