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

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 (...)

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 (...)

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 (...)

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 Autority’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 (...)

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 (...)

Frédéric Buy Unfair competition: The French Supreme Court rules that judges shall take into account any unfair profits made by the author of unfair commercial practices when assessing damages (Cristallerie de Montbronn / Cristal de Paris)

12 February 2020

It is safe to say that the Cristal de Paris judgment is one of the most important judgments that the Court of Cassation has ever handed down on the subject of unfair competition, and on compensation for economic loss more generally. This innovative decision is promised to the greatest publicity (...)

Martin Favart The Italian Competition Authority and the Authority for the Protection of Personal Data publish a joint investigative report on big data

10 February 2020

On 10 February 2020, the Italian Competition Authority, the Authority for Communications Guarantees and the Authority for the Protection of Personal Data (together the “Authorities”) published a joint investigative report on big data (the “Report”). The Report is based on a one-year survey carried (...)

Lucia Antonazzi The Italian Competition Authority publishes the final report of the big data joint fact-finding survey, which was launched in collaboration with the Italian Communications Regulatory Authority and the Data Protection Authority

10 February 2020

On 10 February 2020, the Italian Competition Authority (“ICA”) published the final report of the Big Data joint fact-finding survey, launched in collaboration with the Italian Communications Regulatory Authority ("AgCom") and the Data Protection Authority on 30 May 2017. As part of the (...)

Shweta Shroff Chopra, Manika Brar, Naval Satarawala Chopra, Pallavi Shroff, John Handoll, Harman Singh Sandhu, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The Indian Competition Authority closes a case of alleged abuse of dominance by the Indian state broadcaster and the Ministry of Information and Broadcasting (Next Radio / Prasar Bharti / Ministry of Information and Broadcasting)

30 January 2020

The CCI closed a case of alleged abuse of dominance by Indian state broadcaster Prasar Bharti and the Ministry of Information and Broadcasting (Opposite Parties). Two private broadcasters complained that the Opposite Parties had abused their dominance in the market for the provision of (...)

Manika Brar, Pallavi Shroff, Shweta Shroff Chopra, Naval Satarawala Chopra, John Handoll, Harman Singh Sandhu, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora The Indian Competition Authority dismisses a complaint by a fintech company for becoming dominant in the market after purchasing a technology provider in the financial services industry (Satyen Narendra Bajaj / PayU)

29 January 2020

It is trite law that, while the Competition Act prohibits an abuse of a dominant position, the mere existence of a dominant position with no evidence of abuse is not prohibited. This was made clear by the CCI in dismissing a complaint that PayU, a fintech company that provides payment (...)

Nicolas Éréséo Selective distribution: The Paris Court of appeal rules that a third-party reseller must reveal the identity of its supplier (Motoworld / Kawasaki, PC Moto)

29 January 2020

The phenomenon of parallel resale fuels an inexhaustible litigation as illustrated by the river case which has just been settled before the Court of Appeal of Paris on 29 January 2020 (on the same subject, see below the obs. of N. Ferrier on CA Rennes, 25 Feb. 2020, RG n° 17/03287). In the (...)

Federico Marini Balestra, Lucia Antonazzi The Italian Competition Authority sanctions telecommunication operators for their participation in a cartel (Assotelecomunicazioni / Fastweb / Telecom Italia / Vodafone...)

28 January 2020

On 7 February 2018, the Italian Competition Authority (“ICA”) initiated an investigation against the major fixed and mobile operators (TIM S.p.A, Vodafone Italia S.p.A, Fastweb S.p.A and Wind Tre S.p.A). The investigation was aimed at verifying whether the companies had coordinated their (...)

Philippe Vanni Franchise: The French Supreme Court censures the trial judges for not having investigated whether the granting of illegal payment delays by the franchisor, within the franchise network, had not had the effect of unfairly advantaging its franchisees to the detriment of those of a competing network (Speed Rabbit pizza / Domino’s pizza France)

15 January 2020

The control of the "fairness of commercial practices" is first of all ensured, between professionals, by specific provisions of the Commercial Code (Chapter II, Title IV of Book IV C. com. resulting from Order No. 2019-359 of 24 April 2019).) which penalise practices restricting competition and (...)

Valérie Durand Unfair competition: The French Supreme Court recalls the rules for determining the applicable law to an action for unfair competition (FLP / Goyard Saint-Honoré)

15 January 2020

Two companies operating in the leather goods sector obtain from a common partner the opening of a counter in a department store located in Osaka. The two counters, located close to each other, are open on the floors of prestigious leather goods stores. One of the counters (opened under the (...)

Valérie Durand Unfair competition: The Paris Court of Appeal condemns a group of companies qualified as transport undertakings for unfair competition (Viacab / Uber)

12 December 2019

The activity of transporting people by car has been quite largely transformed by the contact with digital technology. The appearance of new services and new ways of providing transport services associated with the emergence of platforms have inevitably called into question the rules of various (...)

Nicolas Éréséo Selective distribution: The Paris Court of Appeal rules that the company of the approved distributor whose control has been taken over by another distributor distributing a competing product does no longer comply with the contract signed with the supplier (Berthet / Blum France)

11 December 2019

Most distribution contracts are concluded intuitu personae where the parties usually agree that the distributor will have to obtain the supplier’s consent before being able to dispose of its contractual position, shares or goodwill. Clauses of this type are normally to be interpreted strictly, (...)

Sibylle Chaudouet Franchise: The Paris Court of Appeal decides on a melting-pot of rules regarding an exclusivity agreement in franchising (Lara / Casino)

11 December 2019

A company which had entered into a franchise agreement with Casino for the operation of a Spar store considered itself to be harmed by the pricing policy practised by the latter, and based its argument, but unsuccessfully, on its contractual and tortious liability. Absence of contractual fault (...)

Croatian Competition Authority The Croatian Competition Authority fines major national winemaker for unfair trading practices (Iločki podrumi)

6 December 2019

Winemaker Iločki podrumi sanctioned HRK 250,000 for imposing unfair trading practices* The Croatian Competition Agency (CCA) opened an ex-officio infringement proceeding against the undertaking Iločki podrumi after having assessed the writing by a supplier of grapes which was communicated to the (...)

Daniel Arányi, László Zlatarov The Hungarian Competition Authority fines €3,5 million a social network company for unfair commercial practices (Facebook)

6 December 2019

On 6 December 2019, the Hungarian Competition Office ("GVH") found that Facebook’s practice of referring to its services as “free” on its cover page and Help Centre misled Hungarian users. As a consequence, the GVH held that Facebook violated the Hungarian Unfair Commercial Practices Act ("UCPA") (...)

Tihana Zuk The Australian Competition Authority releases a report on customer loyalty schemes following a review of the major schemes operating nationally

3 December 2019

On 3 December 2019, the Australian Competition and Consumer Commission ("ACCC") released its Final Report on Customer Loyalty Schemes ("Report"), following a review of the major schemes operating in Australia, in the airline, supermarket, credit card, travel, telecommunication and retail (...)

Philippe Vanni Franchise: The Paris Court of Appeal confirms the serious and non-wilful wrong of the franchised company and the personal liability of its director for having created, during the franchise contract, a competing company using the distinctive signs of the franchisor’s concept (Buffalo Grill / Val Trappeur)

13 November 2019

While it may be possible for a former franchisee to continue in business after the termination of the franchise agreement in defiance of a post-contractual non-competition clause, much rarer is the situation in which he creates a competing business, using the distinctive elements of the concept (...)

Etienne Pfister, Gaël Hichri, Alexandre Carbonnel Price discriminations: Current issues

25 November 2019

Law & Economics workshop organised by Concurrences with Étienne Pfister (Autorité de la concurrence) in partnership with Magenta and NERA Economic Consulting.

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)