Parliament, European; of the European Union, Council

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).

Business secrets

According to article 2 of the Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure : "‘trade secret’ means information which meets all of the following requirements: (a) it is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; (b) it has commercial value because it is secret; (c) it has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret" © European Parliament and Council of the European Union

Related EU and national case law

Alain Ronzano Business secrets: The French Competition Authority decides not to pursue the proceedings in the thermal insulation case (CSTB, FILMM, Saint-Gobain Isover)

14 January 2021

So much for that! On 14 January 2021, the Competition Authority finally delivered its verdict on the merits of the thermal insulation case. There is no doubt that this old case will go down in the annals above all for its contribution to the creation of an effective remedy against the (...)

Alain Ronzano Rights of defense: The Criminal Chamber of the French Supreme Court recalls that the exemption from seizure of lawyer-client correspondence presupposes that the document is related to the exercise of the rights of defence of the company visited, prohibiting any systematic withdrawal of such correspondence (Au vieux campeur)

25 November 2020

By judgment of 25 November 2020 With regard to the carrying out of visits and seizures, the Criminal Chamber of the Court of Cassation confirmed the principle, which was recently reiterated in another ruling of the same formation dated 4 March 2020, according to which, if lawyer-client (...)

Alain Ronzano Effective remedy: The French Government acknowledges before the ECHR that a trade union has not benefited from an effective remedy against the decisions of the General Rapporteur of the Competition Authority allowing it to refuse or lift business secrecy (FILMM)

5 November 2020

On 5 November 2020, the European Court of Human Rights handed down a decision. in favour of which it takes note of the declaration by the French Government acknowledging that the Syndicat des fabricants de laines minérales manufacturées (FILMM) has not had an effective remedy against the (...)

Toshio Dokei, Hideo Nakajima, Takako Onoki The Japanese FTC proposes amendments to rules for eliminating seals to promote online procedures

2 November 2020

On November 2, 2020, the Japan Fair Trade Commission ("JFTC") proposed amendments to relevant rules ("Drafts") in accordance with the Government of Japan’s "Regulatory Reform Implementation Plan" ("Government’s Plan") decided by the Cabinet on July 17, 2020. The JFTC seeks comments from the (...)

Alain Ronzano Competence: The French Court of Jurisdictional Conflict confirms the jurisdiction of the Paris Court of Appeal to rule on the publicity of provisional measures taken by the Competition Authority (Google)

5 October 2020

By means of a judgment of 5 October 2020the Dispute Tribunal confirmed the jurisdiction of the court to hear the dispute between Google and the Competition Authority following the provisional measures ordered in the context of Decision 19-MC-01 (Amadeus). In substance, after having obtained (...)

Christophe Lemaire, Alexandre Marescaux Jurisdiction: The French Court of Jurisdictional Conflict rules that the Paris Court of Appeal has jurisdiction to rule on a decision of the French Competition Authority to publish a decision disclosing business secrets in spite of a classification decision of the General Rapporteur (Google)

5 October 2020

The period under review brings its new episode relating to the issue of the treatment of business secrecy before the Competition Authority (for a reminder of previous episodes, v. not. Christophe Lemaire, Adèle Azzi, Le Conseil d’État décline sa compétence pour traiter d’un recours contre une (...)

Finnish Competition Authority The Finnish Competition Authority opens in-depth investigation into the acquisition of agricultural business (Hankkija / SSO Rauta-Maatalous)

25 August 2020

FCCA opens in-depth investigation into the acquisition between Hankkija and SSO Rauta-Maatalous* The Finnish Competition and Consumer Authority (FCCA) will further investigate the proposed acquisition of the agricultural business of SSO Rauta-Maatalous Oy by Hankkija Oy. Hankkija is company (...)

Steven J. Cernak The US House Subcommittee on Antitrust, Commercial and Administrative Law holds hearings of a multinational online retail platform for antitrust claims (Amazon / Google / Apple / Facebook)

27 July 2020

Big Tech Hearings: What Do They Tell Us About Amazon and Antitrust?* The U.S. House Antitrust Subcommittee of the Judiciary Committee’s recent hearings into “big tech” and antitrust were “must see TV” for antitrust attorneys. Over the five hours of testimony, many interesting questions were asked (...)

Jean-Michel Vertut Supply Chain: The French General Directorate for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) provides guidance on the use of indicators in the contractual chain

24 July 2020

Facts. Ensure a better distribution of the value created by the agricultural and agri-food sectors between all the actors in the production chain. This is notably the objective of the Equality Law passed almost two years ago. To achieve this objective, this law reversed the process of (...)

European Commission The EU Commission adopts guidance for national courts when handling disclosure of confidential information

20 July 2020

Antitrust: Commission adopts guidance for national courts when handling disclosure of confidential information* The European Commission has adopted a Communication on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law. (...)

Sabrina Borocci, Christian Di Mauro, Luigi Nascimbene, Claudio Pasina The EU Commission provides helpful guidance to national judges on the disclosure of confidential information in competition law private enforcement cases

20 July 2020

On 20 July 2020 the European Commission has adopted a non-binding Communication providing guidance to national judges on how to handle the disclosure of confidential information in proceedings for competition law private enforcement. The Communication, which contains a non-binding definition (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia, Enrique Fayos, Laura Moya The EU Commission adopts guidance for national courts when handling disclosure of confidential information

20 July 2020

The European Commission has adopted a communication on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law (Communication). The adoption follows a public consultation launched by the Commission last year inviting (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia, Enrique Fayos, Laura Moya The EU Court of Justice rules on dawn raids, in particular on storing of data without prior selection, which is then examined in the offices of the Commission (Nexans)

16 July 2020

The CJEU ruled on the European Commission’s powers of inspections in cartel proceedings, in particular, regarding the power to copy data without a prior examination. On 2009, the Commission’s inspectors, accompanied by representatives of the French competition authority, visited the premises of (...)

Dominique Gilles, Gildas de Muizon, Nathalie Dostert, Mélanie Thill-Tayara, Anne-Sophie Choné-Grimaldi Private Enforcement #3 Assessment of damages, passing on…

19 June 2020

3rd Webinar of the « 5th Private Enforcement Conference » organised by Concurrences, in partnership with Dechert and Deloitte, with Anne-Sophie Choné (Professor, University Paris Nanterre), Dominique Gilles (Counsellor, Paris Court of Appeal), Gildas de Muizon (Partner, Head of the Economic Advisory practice, Deloitte), Nathalie Dostert (Vice President, Paris Commercial Court) and Mélanie Thill-Tayara (Partner, Dechert).

US Federal Trade Commission The US FTC clears merger of prosthetic limbs manufacturers, subject to divestment of myoelectric elbow business (Össur Hf / College Park Industries)

7 April 2020

FTC Imposes Conditions on Össur Hf’s Acquisition of College Park Industries, Inc.* Conditions to remedy competition loss in the U.S. market for myoelectric elbows Össur Hf and College Park Industries, Inc., both makers of prosthetic limbs, have agreed to divest College Park’s myoelectric elbow (...)

Alain Ronzano Competence: The French State Council refers a case to the Tribunal des conflits, deeming the Paris Court of Appeal competent to hear the request to enjoin the French Competition Authority to republish a decision on interim measures (Google)

20 March 2020

On 20 March 2020, the Council of State issued a decision in the case of the protective measures injunction, requiring Google to clarify the procedure for suspending Google Ads accounts for "misleading or prohibited content". However, the present dispute does not relate to the lawfulness of the (...)

Christophe Lemaire, Adèle Azzi Business secrets: The French Administrative Supreme Court declines jurisdiction to deal with an appeal against a decision of the French Competition Authority to include, within its interim measures decision, information that has benefited from the protection granted to business secrets (Google)

20 March 2020

The period is decidedly rich with regard to the litigation surrounding the protection of business secrecy of companies. After the two rulings of the Court of Cassation of 29 January 2020 (see above), the Court of Appeal has now decided that the protection of business confidentiality is a matter (...)

Alain Ronzano Business secret: The French Supreme Court requires the Authority’s general rapporteur to give concrete reasons for the lifting of the protection granted under business secret (General Import)

29 January 2020

In two rulings handed down on 29 January 2020, the Commercial Chamber of the Court of Cassation clarified the obligations incumbent on the General Rapporteur of the Competition Authority when he decides to lift the protection afforded to documents in the investigation file under the business (...)

Jean-Michel Vertut Business confidentiality: The French Supreme Civil Court provides clarifications on the regime of business confidentiality and on the decommissioning of documents under this protection (Randstad)

29 January 2020

Facts. In July 2013, the CCRA’s training services conducted search and seizure operations on the premises of several companies in a temporary employment operating group. In view of the information gathered during these inspections, in May 2015 the Authority was required to examine ex officio the (...)

Christophe Lemaire, Hélène Fricaudet Business secrets: The French Supreme Court clarifies the conditions under which the General Rapporteur of the French Competition Authority may disclose business secrets, in particular with respect to the obligation to state reasons (General Import, Randstad)

29 January 2020

On 29 January 2020, the Court of Cassation handed down two judgments specifying the obligations incumbent on the Authority’s General Rapporteur when he decides to lift the protection previously granted to documents in the investigation file under the secrecy of business. Although the facts (...)

Alain Ronzano Admissibility: The European Court of Human Rights declares admissible an application concerning the absence of an effective remedy against decisions of the Authority’s rapporteur refusing to grant business secrecy or lifting it (FILMM / France)

13 December 2019

On 13 December 2019, the European Court of Human Rights (ECHR) indicated that it found the application lodged - in 2012 - admissible. - by the Union of Manufacturers of Manufactured Mineral Wools - the FILMM. In doing so, the application of the FILMM, which has thus passed the first (...)

Christophe Lemaire, Marie Florent Dawn raids: The First President of the Paris Court of Appeal reiterates various principles applicable to dawn raids operations authorised on the basis of Article L. 450-4 of the French Commercial Code and confirms their application to the notarial sector (ADSN, CSN, Jean Goyet)

11 December 2019

By two orders dated 11 December 2019, the First President of the Paris Court of Appeal had the opportunity to rule on the regularity of OVS] inspection and seizure [operations in the notarial sector. The cases before this magistrate were all related to an order issued in support of a request (...)

Geneviève Rigolot, Pascal Wilhelm Disclosure and business secrecy (3rd Private Enforcement Conference: The current state of private enforcement in the EU and France - Paris Court of Appeal, March 28th, 2019)

September 2019

Practices of the Commercial Court of Paris with regard to the search for evidence Geneviève Rigolot President, Chamber of Competition, Paris Commercial Court For a long time, the Paris Commercial Court has endeavored to improve the procedures by which a litigant can search for the necessary (...)

Alexis Collins, Matthew D. Slater, Nowell D. Bamberger, Vicens Elizabeth The US Supreme Court issues a decision limiting the circumstances under which a federal agency may be compelled to disclose the confidential information received by the agency, from a private party (Food Marketing Institute / Argus Leader Media)

24 June 2019

On June 24, 2019, the Supreme Court of the United States issued an important decision limiting the circumstances under which a federal agency may be compelled to disclose “confidential” information the agency received from a private party, and which the agency seeks to withhold under the Freedom (...)

Karine Biancone Franchise: The French Civil Supreme Court considers that the obligation of contractual accountability of a central contracting agency does not give way to business secrecy (Slad / Prodirest)

5 June 2019

A company (hereinafter the "Affiliate") has entered into an affiliation agreement with a central purchasing office (hereinafter the "Office"), expressly mandating it to negotiate on its behalf the terms and conditions of purchases from suppliers of food products, to communicate these terms and (...)

Wouter Wils Legal professional privilege in EU antitrust enforcement: Law, policy & procedure

February 2019

This paper discusses the law, policy and procedure of legal professional privilege in EU antitrust enforcement. It focuses primarily on the enforcement of Articles 101 and 102 TFEU by the European Commission, but also touches briefly on the enforcement of EU antitrust law by the competition (...)

Nathalie Jalabert-Doury Les inspections de concurrence des autorités françaises

2 May 2019

This book takes stock of all the legal and practical aspects of the French authorities’ competition inspections. It deals successively with heavy inspections (dawn raids with judicial authorisation under Article L. 450-4 of the Commercial Code), criminal competition searches (Article L. 450-1, (...)

Peter L’Ecluse The Paris Court of Appeal delivers the first judgement on FRAND terms and applies the French legislation implementing the trade secrets directive (Conversant / LG)

16 April 2019

On 16 April 2019, the Paris Court of Appeal delivered a judgment in Conversant v. LG, a case dealing with the concept of licensing under fair, reasonable and non-discriminatory (“FRAND”) terms. While the court did not set a much-anticipated FRAND royalty rate, the case is noteworthy because of (...)

Gu Lingyun The Shanghai Intellectual Property Court determines whether there are protectable interests and concludes that the degree of damage suffered by the plaintiff is not enough to meet the need for relief through the anti-unfair competition law (Beijing iQIYI Technology / Beijing Sogou Information)

10 December 2018

The Anti-Unfair Competition Law of the People’s Republic of China stipulates seven types of unfair competition, namely, label confusion (Article 6), commercial bribery (Article 7), misleading statements (Article 8), infringement on trade secrets (Article 9), improper prize-winning sales (Article (...)

Francesco Martucci Confidential information: The Court of Justice of the European Union rules on the obligation of professional secrecy of national authorities charged with prudential supervision of credit institutions (Enzo Buccioni / Banca d’Italie)

13 September 2018

In a judgment of 13 September 2018, the Court of Justice clarified the conditions under which national banking supervisory authorities may disclose confidential information to a person who so requests in order to be able to bring civil or commercial proceedings for the protection of pecuniary (...)

Francesco Martucci Professional secrecy: The Court of Justice of the European Union clarifies the scope of the obligation of professional secrecy on national financial supervisory authorities (UBS Europe)

13 September 2018

In a judgment of 13 September 2018, the Court of Justice clarified the scope of the obligation of professional secrecy incumbent on national financial supervisors. It answered a preliminary question referred by the Luxembourg court before which companies have been referred by the financial (...)

Jeremy Martinez Business protection: The French Constitutional Council rules that the business secret protection Act implementing directive 2016/943 of June 8th, 2018 on the protection of undisclosed know-how and business information against their unlawful acquisition does not breach the Constitution (Law on trade secrets)

26 July 2018

The Law on the Protection of Business Secrecy, adopted by the Senate on 21 June 2018, was referred to the Constitutional Council by more than sixty deputies and sixty senators. These actions, brought in the context of the a priori litigation (DC), concerned Article 1 of this law, which (...)

Francesco Martucci Professional secrecy: The Court of Justice of the European Union clarifies the scope of the obligation of professional secrecy on national financial supervisory authorities (Baumeister)

19 June 2018

In a judgment of 19 June 2018, the Court of Justice clarified the scope of the obligation of professional secrecy incumbent on national financial supervisors by clarifying in particular the concept of "confidential information". To that end, it interpreted Directive 2004/39/EC of the European (...)

Philip Bentley, Jacques Buhart, Mai Muto The EU Court of Justice rejects a cartel participant’s appeal concerning the inclusion of allegedly confidential information in the non-confidential version of the infringement decision (Nexans)

12 June 2018

By order of 12 June 2018, the Vice President of the CJEU dismissed the appeal lodged by Nexans France SAS and Nexans SA (collectively, Nexans) against the order of the President of the GCEU of 12 July 2017. The latter rejected Nexans’s application for an interim injunction to prevent the EC from (...)

Man Mohan Sharma The Indian Competition Authority opens investigation into abuse of dominance by a diversified textiles manufacturer in the market for Viscose Staple Fibre (Grasim Industries)

16 May 2018

CCI directs investigation against Grasim Industries Ltd. (‘Grasim’) for abuse of dominant position* The CCI vide an order dated May 16, 2018 directed investigation against Grasim for abusing its dominant position in the relevant market for the sale of Viscose Staple Fibre in India. The (...)

Albert Sánchez Graells The EU General Court adresses issues related to documents requirements in EU Institutional procurement (Evropaïki Dynamiki)

14 December 2017

Two recent cases on transparency & access to documents in EU Institutional procurement (I) (T-136/15)* Two recent General Court judgments have addressed different aspects of transparency duties and access to documents requirements in EU Institutional procurement [for discussion, see A (...)

Florian Wagner-von Papp, Frank Kroes, Jochen Bernhard, Laurence Idot, Marcella Negri Disclosure of documents that lie in the control of the parties (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)

September 2017

Article 5 of the Damages Directive requires Member States to enable courts to order disclosure of evidence under certain qualifying conditions, while protecting the rights of parties and third parties, in particular confidential information. This is an area in which common law jurisdictions and (...)

Gary Zanfagna, Richard G. Parker Gary Zanfagna (Honeywell): Antitrust compliance from the inside

September 2017

In this interview, Gary Zanfagna talks about his experience as Chief Antitrust Counsel and Associate General Counsel of Honeywell International, and notably about the antitrust issues of a global acting company. Interview conducted by Richard G. Parker, O’Melveny & Myers, Washington. (...)

Camille François The EU Court of Justice clarifies the Hearing Officer’s scope of review regarding confidentiality requests while rejecting any special treatment of leniency applicants at the publication stage

26 July 2017

In its confirmatory ruling issued on 26 July 2017, the EU Court of Justice (hereafter “the Court”) upheld the EU General Court ruling of 15 July 2015 which had dismissed AGC Glass group’s action against the Commission’s decision rejecting their request for confidential treatment of certain (...)

Alain Ronzano Evidence : The French government publishes a decree setting the rules to refer decisions by the French NCA’s secretery general relating to the protection of trade secrets to the Paris court of appeal

5 May 2017

Decree No. 2017-823 of May 5, 2017, published in JORF No. 0108 of May 7, 2017, relating to appeals brought before the Paris Court of Appeal against decisions of the Competition Authority and appeals brought before the First President of the Paris Court of Appeal against certain decisions of the (...)

Kamil Klopocki, Tomasz Feliszewski The Polish Competition Authority issues guidelines on business secrets protection

16 March 2017

On 16 March 2017 the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “PCA”) issued guidelines on the request to limit the right of access to the case files (full name: “Information on the manner of submitting the request to limit the right of access to the case (...)

Alain Ronzano Confidential information: The Court of Justice of the European Union allows the Commision to publish information from the documents provided by an undertaking seeking leniency excluding verbatim quotations from the statement made by a leniency applicant or any references to the source of the information (Evonik Degussa)

14 March 2017

On 14 March 2017, the European Court of Justice delivered its judgment in case C-162/15 (Evonik Degussa GmbH v. European Commission). Even if the Court of Justice upholds the appellant’s application in part by upholding the first ground of appeal and annulling accordingly the judgment of the (...)

Chris Wall, Jennifer E. Mellott The effects of increased globalization and regulator coordination on antitrust discovery

February 2017

Merger review processes for complex, multinational deals have become significantly more complicated over the past 20 years. Increased coordination among competition authorities around the world creates new considerations for parties to multinational deals, requiring them to balance the need to (...)

Alain Ronzano Content of the investigation file: The Paris Court of appeal annuls the French NCA’s decision in the chemical commodities case due to an infringement of the rights of defence of the most heavily fined company (Brenntag)

2 February 2017

In a ruling handed down on 2 February 2017 in the case of the price and market-sharing cartel concerning chemical commodities, the Paris Court of Appeal issued a strong reminder to the French Competition Authority by annulling Decision No. 13-D-12 of 28 May 2013 in respect of Brenntag and, (...)

Alain Ronzano Trade secrets: The French Parliament gives the Paris Court of Appeal exclusive jurisdiction for appeals against decisions by the French NCA’s general rapporteur involving trade secrets

18 November 2016

Dominique Loyer-Bouez, from Editions Francis Lefebvre, has informed me of the adoption of a "new" text in the field of competition law: article 96 of Act No. 2016-1547 of 18 November 2016 on the modernisation of 21st century justice, published in JO No. 0269 of 19 November 2016. The purpose of (...)

Christophe Lemaire, Sarah Chikh Business secrets: The French Parliament adopts the act of 18 November 2016 centralising the litigation procedures regarding business secrets to the benefit of the Paris Court of Appeal (Modernisation of the XXI century’s justice)

18 November 2016

A little more than ten years after the first in-depth reform of business secrecy in competition proceedings (V. Ch. Lemaire, "La protection du secret des affaires devant la Conseil de la concurrence: une évolution bienvenue", JCP éd. E 26 January 2006, No. 4, pp. 191-201), the adoption of the Act (...)

Christophe Lemaire, Sarah Chikh Removal of business secrets: The French Supreme Court confirms the limited rights of the plaintiff concerning the access to documents covered by business secrets and the appeals against the decisions on the protection of business secrets (Orange)

4 October 2016

While the law of 18 November 2016 has just introduced an autonomous action before the Paris Court of Appeal for the protection of business secrecy (see this column above), this judgment illustrates the nature of the litigation that may arise, in matters of business secrecy, in connection with (...)

Man Mohan Sharma The Indian Competition Appellate Tribunal (COMPAT) clarifies its jurisdiction only covers appeals against the Indian Competition Authority which fall under Section 53A of the Competition Act (TPM Consultants)

4 July 2016

COMPAT to hear and decide appeals only against order passed by the Commission under Section 53A (1) (a)* COMPAT by its order dated July 4, 2016 upheld order passed by the Competition Commission of India (“CCI/the Commission”) wherein it refused to entertain an appeal challenging the order passed (...)

Bisera Andrijašević The Montenegrin Administrative Court analyses procedural barriers to efficient application of the Competition Act

31 May 2016

The record of public enforcement of competition law in Montenegro is modest, despite the efforts which the national Agency for Protection of Competition has put in various investigations. Part of the problem lies in the dysfunctional enforcement dualism. The Agency is competent to establish (...)

Etienne Pfister, Nathalie Dostert, Pascale Déchamps, Vincent Jaunet Private enforcement versus public enforcement: How to assess the damage?

1 December 2015

Law & Economics Workshop organized by Concurrences Review in partnership with Magenta and Oxera.

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)