B
The Regional Court of Düsseldorf refers questions regarding the licensing of standard essential patents in multi-layered supply chains to the EU Court of Justice (Nokia / Daimler)B
The Regional Court of Düsseldorf questions the EU Court of Justice on standard essential patents licensing in supply chains (Nokia / Daimler)R
Abuse of dominant position: The Court of Justice of the European Union extends to festivals its permissive case-law allowing collecting societies to impose a scale of royalties calculated on the basis of gross receipts from the sale of admission tickets to discotheques and on the receipts from television broadcasts intended for the general public (SABAM / Weareone.World, Wecandance)B
The EU Court of Justice rules that the fee structure for music played at festivals adopted by a Belgian collecting society is not abusive (SABAM)B
The EU Court of Justice states that the fee structure for music played at festivals adopted by collecting societies is not necessarily abusive (SABAM)R
Effet utile: The Court of Justice of the European Union rules that the national court is obliged to order the beneficiary to pay interest for the period of illegality of the aid, even if the aid was subsequently declared compatible with the internal market and the beneficiary is an undertaking entrusted with the operation of an SGEI (Viasat Broadcasting UK / TV2/Danmark)R
De minimis ceiling: The Court of Justice of the European Union clarifies the rules applicable to companies exceeding the de minimis ceiling of EUR 200 000 over three years because of cumulation with aid obtained previously (INAIL / Zennaro)B
The EU Court of Justice clarifies conditions under which request for de minimis aid can be modified to comply with the ceiling (INAIL / Zennaro)R
Environment: The Court of Justice of the European Union, in ruling out, subject to verification, any transfer of State resources, considers that the French system of recycling and treatment of waste from textile products, household linen and shoes should not, in principle, be regarded as State aid (Eco TLC)B
The EU Court of Justice clarifies the concept of “State resources” concerning financial contributions collected by an authorized private eco-body (Eco TLC)R
Compatible aid: The Court of Justice of the European Union clarifies the qualification of SME within the meaning of the Block Exemption Regulation n° 651/2014, particularly with regard to the independence criterion (NMI Technologietransfer / EuroNorm)R
Notion of SME: The European Court of Justice clarifies the definition of small and medium-sized enterprises within the meaning of the General Block Exemption Regulation, in particular the concept of independence in this context (NMI Technologietransfer / EuroNorm)B
The EU Court of Justice declares invalid a Commission decision penalizing France for State aid (Ministre de l’Agriculture et de l’Alimentation / Compagnie des pêches de Saint-Malo)R
Advantage: The Court of Justice of the European Union considers, with regard to the measures in favour of fishermen in Western France, that the condition of the existence of an advantage conferred on an undertaking was lacking and that the European Commission could not classify as State aid the measure of reduction of wage costs, passed on to employees (Compagnie des pêches de Saint-Malo)B
The EU Court of Justice clarifies some aspects of State aid related to social security contributions (Ministre de l’Agriculture et de l’Alimentation / Compagnie de pêche de Saint-Malo)R
Electricity: The Court of Justice of the European Union rules that legislation requiring national electricity producers to offer all the electricity available on the platforms managed by the sole operator designated for the exchange services of the national electricity market is incompatible with the Treaty (ANRE)R
Competence: The Court of Justice of the European Union rules that the Spanish National Commission for Markets and Competition does not have the status of a ’court’ and therefore cannot submit a request for a preliminary ruling (Anesco)B
The EU Court of Justice holds the preliminary ruling of the Spanish Competition Authority inadmissible due to the fact that the Competition Authority is not a ‘court or tribunal’ for the purpose of Article 267 TFEU (Anesco)B
The EU Court of Justice holds that the Spanish Competition Authority cannot be characterized as a "court or tribunal" (Anesco)R
Preliminary ruling: The Court of Justice of the European Union considers to be inadmissible a request for a preliminary ruling from the Spanish Competition Authority (Anesco)B
The EU Court of Justice addresses how incompatibility with net neutrality shall be assessed under the relevant legislation regarding open internet access (Telenor Magyarország / Nemzeti Média- és Hírközlési Hatóság Elnöke)B
The EU Court of Justice receives a request for preliminary ruling on restrictions for high-quality products regarding the block exemption regulation (Visma)B
The EU Court of Justice Advocate General Saugmandsgaard Øe considers that the special jurisdiction rule for tort disputes under Brussels I Bis applies to civil liability actions based on an infringement of competition law (Wikingerhof)B
The EU Court of Justice rules that a restriction imposed by Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to EU Law (Vivendi / Mediaset)B
The Italian Supreme Administrative Court refers to the EU Court of Justice questions concerning the interpretation and application of Art. 102 TFEU following an abuse of dominance in the electricity market (Enel)B
The EU Court of Justice receives a request for preliminary ruling from the Léon Court of Appeal on the temporal application of the damages directive provisions on limitation and quantification of harm (Volvo / DAF Trucks)B
A Spanish Regional Court requests a preliminary ruling on the possibility of the retroactive application of the provisions concerning the period of limitation to bring damages action (Volvo / Trucks)B
The Spanish Competition Authority identifies competition problems in the fifth stowage market’s framework agreement in the port state sectorB
The German Federal Supreme Court rules that the European Central Bank should have explicitly considered whether there was an appropriate balance between the monetary policy effects of the Public Sector Purchase Programme and the economic effects, and the ruling denies the primacy of EU law over the German Basic Law (Dr. W... a.e.)B
The EU Court of Justice confirms the limitations that apply before courts are able to classify anticompetitive agreements as a restriction of competition by object under Art 101 TFEU in a multilateral interchange fee credit card transaction (Budapest Bank)B
The EU Court of Justice emphasises the need for a case and context-specific evaluation of ’by object’ restrictions and provides guidance on what sort of evidence is relevant, in a multilateral interchange fee credit card transaction (Budapest Bank)B
The EU Court of Justice ascertains whether the multilateral interchange fee set by the banks for credit card transactions with a merchant pursued no objective other than a simple price increase (Budapest Bank)B
The EU Court of Justice finds, following a preliminary reference, that certain interchange fees imposed by a bank payable on cross-border card transaction within the EEA are anticompetitive (Budapest Bank)B
The Austrian Supreme Cartel Court requests preliminary ruling from the EU Court of Justice concerning territorial agreements in connection with the sale of industrial sugar (Zuckercartell)B
The EU Court of Justice confirms a strict interpretation of the notion of infringement by object (Budapest Bank)R
Electricity: The Court of Justice of the European Union specifies the legal nature of interconnector and applicable rules to congestion rents (Baltic Cable / Energimarknadsinspektionen)B
The EU Court of Justice rules on a preliminary ruling request regarding the Hungarian turnover taxes in the telecoms sector (Vodafone / Tesco / Google)B
The EU Court of Justice clarifies the conditions in which a legal person liable to pay a tax can plead its incompatibility with the EU State aid rules before a national court (Vodafone Magyarország Mobil)R
Electronic communications: The Court of Justice of the European Union specifies the concept of provision of an electronic communications network (TV Play Baltic)eB
2020 Competition Case Law Digest - A Synthesis of EU, US and National Leading Cases Arbitration and Competition Law: A Mixed-Motive Game?eB
2020 Competition Case Law Digest - A Synthesis of EU, US and National Leading Cases Amicus CuriaeB
The EU Court of Justice clarifies the conditions under which ‘pay-for-delay’ agreements preventing generic versions of a patented medicine from entering the market or delaying such entry may constitute a restriction of competition ‘by object’ or ‘by effect” as well as an abuse of dominant position (Generics)R
Restriction by object: The Court of Justice of the European Union clarifies the conditions for a pay-for-delay agreement to be qualified as a restriction of competition by object following a preliminary ruling request of the Competition Appeal Tribunal (Generics - UK, GlaxoSmithKline, Xellia Pharmaceuticals...)B
The EU Court of Justice clarifies the conditions for a pay-for-delay agreement to be qualified as a restriction of competition by object (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)B
The EU Court of Justice provides guidance on patent settlements between manufacturers of originator and generic medicines (Generics - UK)B
The Madrid Commercial Court requests a preliminary ruling to the EU Court of Justice concerning the international competence of the court which was contested by the defendants (RH / AB Volvo)B
The EU Court of Justice confirms that a company does not necessarily insulate from State aid if it enjoys exclusive rights and operates in a sector covered by a legal monopoly (Arriva Italia)B
The EU Court of Justice rules that a public body indirectly affected by a cartel can claim compensation for losses resulting from an antitrust infringement (Otis)B
The EU Court of Justice clarifies the eligibility requirements of claims for indirect damages caused by a violation of Art. 101 TFEU (Otis / Land Oberösterreich)B
The EU Court of Justice clarifies that a public body granting promotional loans to the purchaser of products covered by a cartel is entitled to claim damages for loss caused by the cartel (Otis / Land Oberösterreich)
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