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).

Unfair competition

The law of unfair competition concerns the relationship between two undertakings considered individually; its purpose is to protect one of them against the manoeuvres of the other, which, by transgressing the rules of fair trade, seeks to divert customers from its competitors. It should be distinguished from rules protecting industrial property titles (patents, trademarks, registered designs) against counterfeiting or imitation: although the purpose of rules in this category is also to protect customers (through the protection of the means of production or identification of products belonging to an enterprise), they constitute a particular branch of law. Encyclopaedia Universalis

Related EU and national case law

Croatian Competition Authority The Croatian Competition Authority fines a food re-seller for imposing unfair trading practices on its suppliers including consistent late payment of supply invoices (Ribola)

2 November 2020

Unfair Trading Practices – CCA Imposes Hrk 65,000 Fine on Ribola* The Croatian Competition Agency (CCA) opened ex officio infringement proceeding within the meaning of the Act on prohibition of unfair trading practices in the business-to-business food supply chain (UTPs Act) with the view to (...)

Australian Competition Authority The Australian Competition Authority issues interim report on its first inquiry of digital services platforms which finds a surge in online messaging use during the COVID-19 pandemic as big digital platforms continue to expand

23 October 2020

Surge in online messaging use as big digital platforms continue to expand* Australians are increasingly turning to online private messaging services to keep in touch with each other, and are overwhelmingly choosing services provided by Facebook and Apple. The ACCC’s first Digital Platform (...)

Australian Competition Authority The Australian Competition Authority institutes proceedings in the Federal Court against printing company for unfair contract terms for small businesses (Fuji Xerox)

22 October 2020

Fuji Xerox in court over alleged unfair contract terms* The ACCC has instituted proceedings in the Federal Court against printing company Fuji Xerox Australia Pty Ltd and a related company (together, Fuji), alleging that in total nine types of Fuji’s standard form small business contracts (...)

Polish Competition Authority The Polish Competition Authority opens investigation into unfair use of contractual advantage by largest national food wholesaler against its suppliers (Eurocash)

9 October 2020

Unfounded Eurocash fees - charges of the President of UOKiK* President of UOKiK Tomasz Chróstny checks the practices of Eurocash company towards suppliers of agricultural and food products. The allegations concern unfounded collection of additional fees. The main business of Eurocash is (...)

Spanish Competition Authority The Spanish Competition Authority opens a formal investigation into an animal society for alleged abuse of dominance in dog certification and shows (Royal Canine Society of Spain)

7 October 2020

The CNMC opens a formal investigation into the Royal Canine Society of Spain for alleged antitrust practices* The conduct investigated sought to hinder and avoid competition with other official associations. It potentially affects the markets for certifying purebred dogs and providing judging (...)

Polish Competition Authority The Polish Competition Authority imposes maximum fine on 6 companies participating in the construction of a gas pipeline due to lack of approval for the joint venture (Gazprom / Nord Stream 2)

7 October 2020

Nord Stream 2 - maximum penalties imposed by UOKiK President* Tomasz Chróstny, President of UOKiK, has imposed a penalty of over PLN 29 bn on Gazprom, and of over PLN 234 mln on 5 remaining companies participating in the construction of the gas pipeline - as a result of the lack of approval for (...)

Dutch Competition Authority The Dutch Competition Authority draws up rules of thumb for sustainability claims by companies about their products and services

22 September 2020

ACM draws up rules of thumb for sustainability claims* The Netherlands Authority for Consumers and Markets (ACM) has drawn up rules of thumb for sustainability claims that businesses use when selling their products and services. With these rules of thumb, ACM believes that businesses will (...)

Australian Competition Authority The Australian Competition Authority accepts a physiotherapy company’s commitment to remove alleged unfair contract terms from its franchisee agreements (Back In Motion Physiotherapy)

21 September 2020

Back In Motion Physiotherapy to remove alleged unfair contract terms for franchisees* The ACCC has accepted a court-enforceable undertaking by Back In Motion Physiotherapy Pty Ltd to remove certain terms from its franchisees agreements which it admits may be unfair. Under a restraint of trade (...)

Austrian Competition Authority The Austrian Competition Authority gains the right of action in relation to any non-compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in the P2B Regulation

18 September 2020

AFCA granted right of action in relation to P2B Regulation on promoting fairness and transparency for business users of online intermediation services* The EU Regulation on platform-to-business relations (P2B Regulation), which promotes fairness and transparency for business users of online (...)

Italian Competition Authority The Italian Competition Authority closes pre-investigation proceedings against a football club to remove any possible unfair element of certain clauses in contracts for ticket selling (Serie A SSC Napoli)

9 September 2020

CV205 - ICA, Napoli football club will reimburse the ticket, if so requested by consumer, in case of match postponement* The Authority asked SSC Napoli S.p.A. to remove any possible unfair element of certain clauses in the contractual conditions of the Regulations of the San Paolo stadium and (...)

Italian Competition Authority The Italian Competition Authority launches six investigations against some of the main operators at global level in cloud computing services (Google / Apple / Dropbox)

7 September 2020

Antitrust: Investigations launched against Google, Apple and Dropbox for their cloud computing services* The proceedings relate to allegedly unfair commercial practices and the possible presence of unfair terms in the contractual conditions The Italian Competition Authority has launched six (...)

Marcin Alberski, Piotr Dynowski The Polish Competition Authority opens preliminary investigations into the rebate practices of 19 retail chains

7 September 2020

In early July, the Polish competition authority (UOKiK) has opened preliminary investigations into the rebate practices of 19 retail chains. In particular, the authority will focus on whether retrospective rebates are used to exploit retail chains’ contractual advantage towards small and (...)

Toshio Dokei, Hideo Nakajima, Takako Onoki The Japanese FTC publishes a market research report on transactions between franchisers and franchisees

2 September 2020

On September 2, 2020, the JFTC published a market research report (“Report”) on transactions between the headquarters of convenience stores (i.e., franchisers) and their franchisees. Previously, the JFTC conducted a similar market research in 2011. The Report indicates some situations that could (...)

Polish Competition Authority The Polish Competition Authority imposes penalties on producers of feed for breeding animals for engaging in market sharing and concluding restricting agreements (Polmass / Ekoplon)

28 August 2020

President of UOKiK has imposed penalties of more than PLN 17 million for market division scheme* Producers of feed for breeding animals – Polmass and Ekoplon – have concluded competition-restricting agreements. They shared two markets, thus limiting customers in their free selection of products. (...)

Varsha Goel The Indian Competition Authority clears mobile application from tying allegations (Harshita Chawla / Whatsapp)

18 August 2020

The Competition Commission of India (CCI), the country’s judicial authority for competition matters rendered decision in the case of Harshita Chawla v. WhatsApp Inc. and ors in August, 2020 wherein it inter-alia cleared the mobile messaging service, WhatsApp Inc. from allegations of abuse of (...)

Polish Competition Authority The Polish Competition Authority initiates proceedings against the largest sugar producers in Poland for engaging in contractual advantages against farmers (Pfeifer / Langen)

14 August 2020

President of UOKiK presses charges against Pfeifer&Langen* President of UOKiK Tomasz Chróstny has initiated proceedings against Pfeifer & Langen Polska. The company may have been using its contractual advantage against farmers. The Office is also going to examine the practices of other (...)

Annick Vroninks The Belgian Competition Authority publishes a royal decree which incorporates the ban on abuse of economic dependency into the code of economic law

12 August 2020

Background A Royal Decree amending the Belgian Code of Economic Law with regard to the prohibition of abuses of economic dependence was published in the Official Journal of Belgium on 12 August 2020. This Royal decree confirms the competence of the Belgian Competition Authority ("BCA") to (...)

Jean-Michel Vertut Food Supply Chain and value-sharing: 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 (...)

Croatian Competition Authority The Croatian Competition Authority fines supermarket chain for imposing unfair trading practices in the business-to-business food supply chain (Kaufland Hrvatska)

17 July 2020

Kaufland Hrvatska fined 1.1 million Kuna for imposing unfair trading practices* The Croatian Competition Agency (CCA) fined Kaufland Hrvatska k.d. (Kaufland) 1.1 million Kuna for a serious breach of the provisions of the Act on the prohibition of unfair trading practices in the (...)

Guernsey Competition Authority The Guernsey Competition Authority provisionally finds that a medical specialist imposed excessively broad restraints of trade restrictions on its ex-consultants (Medical Specialist Group)

13 July 2020

Competition Authority issues case against Medical Specialist Group* The Guernsey Competition and Regulatory Authority (GCRA) has provisionally found that the Medical Specialist Group (MSG) has broken Guernsey competition law by imposing excessively broad restraint of trade restrictions on its (...)

EFTA Surveillance Authority The EFTA Surveillance Authority discontinues investigation into abuse of dominance by a Norwegian airline company (Widerøe)

8 July 2020

Competition: ESA discontinues Widerøe investigation* The EFTA Surveillance Authority (ESA) has discontinued an investigation regarding suspected breaches of the competition rules in the EEA Agreement. In 2016, ESA opened a formal investigation into whether Widerøe’s Flyveselskap AS (Widerøe) may (...)

UK Competition Authority The UK Competition Authority publishes a third update on its COVID-19 taskforce

3 July 2020

The CMA has published a third update from its COVID-19 taskforce, which monitors and responds to competition and consumer problems arising from the pandemic.* As part of the taskforce’s work, it has been asking the public for information about businesses behaving unfairly, for example regarding (...)

Michael Zymler, Frances M. Murphy, Joanna Christoforou The UK Competition Authority opens investigations against four pharmacies and convenience stores for suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the COVID-19 outbreak

19 June 2020

The UK Competition and Markets Authority on June 19 announced that it had opened investigations against four pharmacies and convenience stores in relation to suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the coronavirus (...)

Christina Renner, Izzet Sinan The EU Commission works on legislative proposals that would empower it to tackle competition distortions involving foreign government subsidies operating in or entering into the EU’s Internal Market

17 June 2020

The European Commission (EC) is currently working on legislative proposals (the White Paper) that would grant the EC new enforcement powers to address potential competition distortions caused by companies operating in or entering into the EU’s Internal Market, which benefit from subsidies from (...)

Catherine Gordley The OECD devotes a session to assess the sufficiency of current merger control frameworks to investigate and prohibit mergers

10 June 2020

From 10-12 June 2020, the OECD held its 133rd Meeting of the Competition Committee. This session was devoted to assessing the sufficiency of current merger control frameworks to investigate and – where needed – prohibit mergers that eliminate nascent competition that would other- wise challenge (...)

Jiao Hongbin The Guangzhou Intellectual Property Court rules its first trademark infringement and unfair competition case regarding parallel import, in which it finds such acts should constitute neither trademark infringement nor unfair competition (Opel Electric / Guangdong Shifu Electric)

6 May 2020

First Trademark Infringement and Unfair Competition Case regarding Parallel Import Concluded by Guangzhou IP Court* Recently, Guangzhou IP Court ruled on its first trademark infringement and unfair competition case regarding parallel import, in which it found such acts should neither (...)

Kit Horsley The UK Competition Authority announces that it received a lot of complaints about cancellations and refunds through its COVID-19 Taskforce

30 April 2020

Covid-19: CMA to tackle unfair cancellation policies* The UK Competition and Markets Authority (CMA) has announced that through its Covid-19 Taskforce, which was launched on 20 March 2020, it has received a significant number of complaints in relation to cancellations and refunds. The (...)

Jacob Millar The Ontario Court of Justice certifies a $1.0 billion foreign exchange price fixing class action in the banking sector (Mancinelli / Royal Bank of Canada)

14 April 2020

Superior Court Certifies $1.0 Billion Foreign Exchange Price Fixing Class Action* In his decision released earlier this Spring, Ontario Superior Court Justice Paul Perell certified a class action in Mancinelli v. Royal Bank of Canada claiming $1.0 Billion in damages against several large (...)

Steven Bernstein The US FTC and DoJ publish a joint statement in order to protect employers, staffing companies, recruiters and others against anticompetitive conduct in the labor markets during the COVID-19 crisis

13 April 2020

Federal Trade Commission and Justice Department Issue Joint Statement on COVID-19 and Competition in U.S. Labor Markets* As individuals across the country are working on the front lines of the COVID-19 pandemic as essential service providers, the federal antitrust regulators announced that (...)

Tim Kasten The French Competition Authority issues interim measures requiring a big tech company to negotiate in good faith with press publishers the terms and conditions for the re-use of their content (Google / Alliance)

9 April 2020

On 9 April 2020, the French Competition Authority (the “FCA”) issued Decision n° 20-MC-01 relative à des demandes de mesures conservatoires présentées par le Syndicat des éditeurs de la presse magazine, l’Alliance de la presse d’information générale e.a. et l’Agence France-Presse ordering interim (...)

Zhi Bao, Laura Liu, Wenting Ge, Stephen Crosswell, Thomas Jenkins The Chinese State Administration for Market Regulation fines three domestic pharmaceutical companies for abuse of dominance in the sale of injectable pharmaceutical ingredient (Kanghui / Puyunhui / Taiyangshen)

9 April 2020

On 9 April 2020, China’s State Administration for Market Regulation (SAMR) fined three domestic pharmaceutical companies Shandong Kanghui Medicine Company Limited ("Kanghui"), Weifang Puyunhui Pharmaceutical Company Limited ("Puyunhui") and Weifang Taiyangshen Company Limited Pharmaceutical (...)

Florence Leroux, Thomas Oster The French Competition Authority imposes interim measures on a big tech giant to negotiate in good faith with press publishers and news agencies the remuneration associated to the use of their content based on transparent, objective and non-discriminatory criteria (Google)

9 April 2020

On 9 April 2020, the FCA imposed interim measures on Google, ordering the big tech giant to negotiate in good faith with press publishers and news agencies the remuneration associated to the use of their content based on transparent, objective and non-discriminatory criteria. These interim (...)

Croatian Competition Authority The Croatian Competition Authority fines major milk processor and buyer for imposing unfair trading practices on milk suppliers (Vindija)

9 April 2020

Vindija d.d. sanctioned HRK 284,000 for imposing unfair trading practices on milk suppliers* The Croatian Competition Agency found that the milk processor and buyer Vindija seriously violated the Act on the prohibition of unfair trading practices in the business-to-business food supply chain (...)

Laurent Geelhand, Antoine Riquier The French Competition Authority imposes interim measures on a dominant big tech company requiring it to enter into good faith negotiations with publishers and new agencies (Google)

9 April 2020

After the record fine of 1.1 billion euros against Apple, the French Competition Authority continues to show a strong leadership in its fight against “Big Tech” — Google, Apple, Facebook, and Amazon, the “GAFAs,” — by imposing interim measures on Google, requiring it to enter into good faith (...)

Jiři Švejda, Vojtech Chloupek The Czech Constitutional Court repeals the Act on significant market power which protected food suppliers from unfair practices by big retail chains on the basis of discrimination and unconstitutionality

7 April 2020

Back in 2016 and 2017, two different groups of senators proposed that the Constitutional Court repeal the Czech Act No. 395/2009 Coll., on Significant Market Power ("Act"), or at least some parts of it. In general, the Act protects food suppliers from unfair practices by big retail chains. (...)

Lynne Lewis, Megan Edwards, Tom Macken, Thomas Jones The Australian Competition Authority announces a re-focus of its 2020 compliance and enforcement priorities in response to the COVID-19 pandemic

27 March 2020

Due to the rapidly changing global landscape, the Australian Competition and Consumer Commission announced on 27 March 2020 a "re-focus" of its 2020 Compliance and Enforcement Priorities in response to the COVID-19 pandemic. While it has not explicitly revoked its existing priorities, which we (...)

Bahadır Balkı, Fırat Eğrilmez, Seniha Irem Akin The Turkish Act No. 7244 introduces a new regulatory authority to battle the effects of the Covid-19 crisis on economic and social life in Turkey

23 March 2020

How Will Turkey Deal with Unfair Practices During COVID-19 Outbreak: Establishment of the Unfair Price Assessment Board* Introduction While the world is dealing with novel coronavirus pandemic, many countries resorted to protectionist measures in order to preserve the quality of social life (...)

Peter Willis, Patricia Wing The UK Competition Authority investigates four pharmacies and convenience stores for excessive and unfair pricing of hand sanitiser products to consumers during the COVID-19 pandemic

20 March 2020

The Competition and Markets Authority (CMA) is investigating four pharmacies and convenience stores for suspected breaches of competition law. The investigations, under Chapter II of the Competition Act 1998 (CA 98), relate to suspected charging of excessive and unfair prices for hand sanitiser (...)

Cristina Poncibò, Francesca Bichiri The Italian Competition Authority initiates a proceeding against the sale of a generic drug for the treatment of HIV infections sold as a remedy to fight the COVID-19 virus (Kaletra)

17 March 2020

1.Introduction The spread of the Covid-19 pandemic is unfortunately accompanied by the equally rapid one of unfair commercial practices in Italy. A worrying scenario, also for potential, serious effects on people’s health, on which the Italian Competition Authority (‘ICA’) continues to keep the (...)

Andrzej Kmiecik The French Competition Authority imposes a record-breaking fine of €1.1 billion on a big tech company for engaging in restriction of resale opportunities, coordinating on prices and imposing unfair terms on its retailers (Apple / Tech Data / Ingram Micro)

16 March 2020

According to a press release of 16 March 2020, the French Competition Authority (the “FCA”) imposed a record-breaking fine of € 1.1 billion on Apple for anticompetitive practices in the distribution of Apple products (excluding iPhones). These practices included: (i) restricting resale (...)

Florence Leroux, Thomas Oster The French Competition Authority imposes a €1.1 billion fine on a big tech company who engaged in three anticompetitive practices with its distributors in the retail market for its products (Apple)

16 March 2020

On 16 March 2020, the French Competition Authority (FCA) imposed a €1.1 billion fine on Apple, the highest fine ever handed out to a company. The FCA considered that Apple had engaged in three anticompetitive practices with its distributors in the retail market for Apple products (excluding (...)

Aurelie Dellac The French Competition Authority fines a big tech and its wholesalers a record €1,24 billion for their series of vertical restrictions within the distribution network and their abuse of economic dependence (Apple / Tech Data / Ingram Micro)

16 March 2020

In a decision of March 16, 2020, the French Competition Authority (Autorité de la concurrence, hereinafter “FCA”) imposed a €1,1 billion fine on the Apple group (“Apple”) for (i) engaging in a series of vertical restrictions of competition within its distribution network and (ii) abusing the economic (...)

Nandish Patil, Suchitra Kumbhat The Indian National Company Law Appellate Tribunal upholds the Competition Authority’s decision that a company mandating a party to sign an agreement which contains unfair and restrictive clauses is tantamount to abuse of its dominance (Verifone)

13 March 2020

Introduction The National Company Law Appellate Tribunal (NCLAT) by way of its common order dated 13 March 2020 dismissed two appeals preferred by M/s Verifone India Sales Pvt Ltd. (Appellant/ OP 1/ Verifone) against two separate orders passed by the Competition Commission of India (CCI). (...)

Federico Marini Balestra, Lucia Antonazzi The Italian Supreme Administrative Court rejects an appeal lodged by a multinational drug company against a previous decision ascertaining it as having abused its dominant position by imposing unfair prices for drugs (Aspen)

13 March 2020

On 13 March, the Italian Supreme Administrative Court ("Consiglio di Stato") rejected the appeal lodged by the multinational Aspen Group against the decision of the Regional Administrative Court of Lazio (“TAR”), which fully upheld the decision adopted by the Italian Competition Authority (“ICA”) (...)

James Killick, Assimakis Komninos, Aqeel Kadri The UK Court of Appeal upholds the Competition Appeal Tribunal’s quashing of the Competition Authority’s decision against pharmaceutical undertakings who had abused their dominant position by pricing their epilepsy drug unfairly (Pfizer / Flynn Pharma)

10 March 2020

On 10 March 2020 the Court of Appeal upheld the Competition Appeal Tribunal’s (CAT) quashing of the Competition and Markets Authority’s (CMA) decision that Pfizer and Flynn Pharma (Flynn) had abused their dominant positions in the market by pricing their epilepsy drug unfairly. Among other (...)

UK Competition Authority The UK Competition Authority welcomes the England & Wales Court of Appeal’s judgment, calling it an important step forward in clarifying the legal test for excessive and unfair pricing (Pfizer / Flynn Pharma)

10 March 2020

CMA welcomes Court of Appeal judgment in Phenytoin case* The CMA welcomes today’s Court of Appeal judgment, calling it an important step forward in clarifying the legal test for excessive and unfair pricing. The Competition and Markets Authority (CMA) will now carefully review the elements (...)

Andrea Piletta Massaro, Cristina Poncibò The Italian Government adopts a collective action reform which aims at redesigning proceedings beyond consumer law

28 February 2020

Introduction The new Italian collective action regime was adopted by law 12 April 2019, no. 31, but – after a further postponement occurred at the end of 2019 – it is now set to come into force on 19 November 2020. In particular, the remedy will only be available for claims filed after such (...)

Georgina Foster, Helen Joyce, Lynsey Edgar The Australian Competition Authority announces its compliance and enforcement policy and priorities for 2020

25 February 2020

Beliefs in markets and consumer protection guide the ACCC’s investigations and enforcement actions At an event hosted by the Committee for Economic Development of Australia in Sydney on Tuesday, Rod Sims, Chairman of the Australian Competition and Consumer Commission (ACCC), announced the (...)

Joanna Affre, Małgorzata Kozak Poland: Regulation on unfair contractual practices in the food retail sector – An answer to inefficient private enforcement or an example of good regulation?

February 2020

The article focuses on relatively new law in Poland aimed at elimination of unfair commercial practices in relations between undertakings in the agricultural and food products supply chain, thus at protection of weaker players - farmers and small suppliers. The Act on counteracting the unfair (...)

Muriel Chagny Compensation for damages: The French Supreme Court explains that compensation for damages can be assessed by taking into consideration the undue advantage granted to the author of an act of unfair competition (Cristal de Paris / Cristallerie de Montbronn)

12 February 2020

While the reform of the ordinary law of civil liability has been slow to take shape at the legislative level, the judicial courts and, first and foremost, the Court of Cassation have not hesitated to make certain advances which contribute to the attractiveness of French law and the French legal (...)

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)