The e-Competitions Bulletin, an online resource, and a weekly worldwide newsletter sent to 37,000 readers which provides consistent coverage of antitrust cases from over 85 jurisdictions. You will find below examples and guidelines for submitting a case summary or a Foreword to the e-Competitions Bulletin for either Case Comments for the News Issues (I) or Forewords for the Special Issues (II).
I. Case Comments: News Issues
You are welcome to send your contribution directly to bulletin@concurrences.com.
Examples
- PJ Kaur, Adrian Emch, Eugene Low, Stephanie Tsui, The Hong Kong Competition Authority commences a public consultation on the commitments offered by three online travel agents to remove certain parity clauses in their contracts with accommodations providers (Booking.com / Expedia / Trip.com), 31 March 2020, e-Competitions March 2020, Art. N° 95768;
- Gönenç Gürkaynak, Ceren Özkanlı Samlı, The Ankara Administrative Court reassesses the Competition Authority’s decision on price squeezing allegations in the telecommunications sector (Türk Telekom / TTNET decision), 12 March 2020, e-Competitions March 2020, Art. N° 96318;
- Denis Waelbroeck, Donald Slater, The EU General Court quashes a €13 billion tax ruling fine on a multinational technology company (Apple), 15 July 2020, e-Competitions July 2020, Art. N° 96107.
Guidelines
- How long should my comment be?
> Comments should be between 4.000 to 8.000 signs with spaces, depending on the interest of the case. However, electronic publication makes space requirements flexible. The aim is to avoid full doctrinal articles but also too short comments such as news or briefs.
- What information should I mention?
> Be sure to make readers know in the very first paragraph, what is the case about, its date, the institution author of the case/text, names of the parties, who complained, who won/lost... At the end of your comment, make sure to mention the amount in euros of a fine if any, remedies if any... Mention if the case is being appealed or if the decision is final.
> If the case presents some links with a previous text commented in e-Competitions, mention it; the Editor will add cross-links between the articles.
> It is merely a case/text comment, so do not spend time in a lengthy introduction, go straight to the point. Comments, critics, approval of the solution should appear at the end of your article
> Avoid reference to present such as “a recent decision” or “this year”: readers may find your article in two years’ time and you do not wish your article to look outdated.
- Can I comment together more than one case or regulatory text?
> Do not comment in the same article more than one case or decision, except in case of a strong link between the two, such as decision and appeal decision, bill and implementing decree... The reason for this is that a database works better on the basis of one comment per document. You are welcome to make two, three, etc. comments of two cases/texts, even with similar wordings; the Editor will cross-link them.
Information to provide:
Each case summary must contain the following information (1 single Word document)
- Author(s) of the case summary
> Name and first name > e-mail (new author only) > Mini-CV: (new author only) one paragraph, no bullet-points, check format on the website > Photo (new author only) with full head and shoulders
- Date of the commented text
> Date of decision (not the date of publication)
- References of the commented text
> Name of the institution (Please, provide original name and English version) > Names of the parties if any > Nickname of the case if any > National reference or number if any > Previous related e-Competitions articles if relevant
- Text of the commented case
> Hyperlink or pdf
- Title of the case summary
The title is an abstract by itself. Make sure it is not too long, not too short and fully informative. Follow this format: “The EU General Court rejects actions brought against the recalculated fines imposed by the Commission in the gas insulated switchgear cartel (Toshiba / Mitsubishi)”, i. e.:
> Which institution is the author of the decision/text commented > What the decision is about (too long titles do not fit in the IT system and must be cut !) > The nickname of the case and/or the names of the parties
Please note that the Editor may need to adapt the title if your title does not follow this format.
- Economic sector
| Advertising | Financial services | Real estate |
| Agriculture / Food products | Healthcare | Regulated services |
| Algorithms | Heavy industry | Services |
| All business sectors | Hospitals | Spare parts |
| Audiovisual | Information technology | Sports |
| Automobile | Insurance | Telecommunications |
| Big Tech | Internet | Tobacco and alcohol |
| Chemical Industry | Manufacturing | Transport (air) |
| Coal and steel | Media | Transport (rail) |
| Construction | Online platforms | Transport (road) |
| Distribution/Retail | Other services | Transport (sea) |
| Electricity | Pharmaceutical | Transports |
| Energy | Postal services | Utilities |
| Entertainment | Press | |
| Environment | Publishing industry | |
- Keywords of the commented text (choose at least 3 relevant keywords)
| Abusive pricing | Exclusive right (art. 106 TFEU) | Price increase |
| Access to facilities | Exclusivity clause | Prices |
| Access to file | Exemption (individual) | Principle of effectiveness |
| Access to information | Exhaustion principle | Principle of equal treatment |
| Act of State | Extraterritoriality | Principle of equivalence |
| Admissibility (complaint) | Failing firm defence | Principle of proportionality |
| Agency agreement | Fine mitigating | Principle of transparency |
| Agreement (notion) | Foreign investment | Privacy |
| Amicus curiae / Assistance | Foreword | Private enforcement |
| Ancillary restriction | Formalisation of the commercial relationship | Privatisation |
| Annulment | Franchising | Procedural autonomy |
| Anticompetitive object / effect | FRAND | Professional association |
| Applicable law | Free temporary access | Public loan guarantee (State aid) |
| Arbitration | Geographic market | Public order |
| As efficient competitor | Group purchasing organization | Public Procurement |
| Barriers to entry | Gun jumping | Public undertaking |
| Behavioural remedies | Hardcore restriction | Purchase obligation |
| Below-cost resale price | High market shares | Rebates |
| Bid rigging | Institutions | Reduction of capacities |
| Block Exemption (Regulation) | Intellectual property | Reform |
| Boycott | Interim measures | Refusal to deal |
| Branch manager | International Competition Network | Regulated prices |
| Brokerage | Intra brand competition | Relevant market |
| Burden of proof | Investigations / Inquiries | Remedies (antitrust) |
| Business secrets | Joint control | Remedies (mergers) |
| Buyer power | Joint selling | Request for information |
| Cartel | Joint tender submissions | Res judicata |
| Change of control | Joint-venture | Resale price maintenance |
| Class action | Judicial review | Right against self-incrimination |
| Collecting societies | Legal privilege | Rights of Defence |
| Collective dominance | Leniency | Rule of reason |
| Commercial agency | Liability (group) | Salesman |
| Commissioner | Liability (personal) | Sanctions / Fines / Penalties |
| Competence | Licensing | Sector inquiry |
| Competition policy | Limitation of supply | Selective distribution |
| Compliance | Limitation period / Prescription | Service of general economic interest |
| Compulsory license | Local market | Settlement |
| Concerted practices | Long-term contract | Severability |
| Concession | Low prices | SIEC test (Merger) |
| Concurrent jurisdictions | Management mandate | Significant imbalance |
| Consumer protection | Mandatary (Distribution) | Single-branding |
| Consumer welfare | Margin squeeze | Social services of general interest |
| Consumers’ association | Market definition | Sole control |
| Control (notion) | Market economy investor | Spill over effect |
| Cooperation agreement | Market inquiry | Standard essential patent |
| Cooperation between NCAs | Market power | State action defence |
| Coordinated effects | Market sharing | State aid (existing) |
| Copyrights | Media pluralism | State aid (National enforcement) |
| Corporate group | Merger (notion) | State aid (new) |
| Corruption | Merger (prohibition) | State aid (notification) |
| Cost-oriented prices | Merger (referral back to the NCA) | State aid (notion) |
| Covid-19 | Merger (unilateral effects) | State aid (tax exemption) |
| Criminal sanctions | Merger (withdrawal) | State aid (Tax ruling) |
| Cross subsidisation | Merger clearance (Phase I) | State aid compatibility |
| Damages | Merger clearance (Phase II) | State aid legality |
| Dawn raids | Merger notification | State aid modification |
| De minimis | MFC Clause | State aid recovery |
| Deceiving consumers tariffs | Minority shareholdings | State aid scheme |
| Direct effect | Misinformation | State intervention |
| Discriminatory practices | Modernisation | State resources |
| Distribution agreement | Ne bis in idem | State’s liability |
| Dominance (abuse) | Network access charges | Structural remedies |
| Dominance (notion) | Non-competition clause | Sudden break of established business relationships |
| ECHR | Nullity / Voidness | Taxes |
| Economic analysis | Objective justification | Termination of supply |
| Economic efficiency | Obligation to supply | Test SLC (Merger) |
| Effect on competition | Oligopoly | Third parties |
| Effect on interstate trade | Parallel imports | Thresholds |
| Effective judicial protection | Passing-on | Transfer of technology |
| Environment protection | Pay-for-Delay | Transfer pricing |
| Essential facility | Periodic penalty | Trustee (mergers) |
| European Competition Network | Pre-contractual information | Tying |
| Ex ante price control | Predatory pricing | Undertaking (notion) |
| Excessive prices | Preliminary ruling (Art. 267 TFEU) | Unfair competition |
| Exchange of information | Price coordination | Universal service |
| Exclusive distribution | Price discrimination | Vertical restrictions |
| Exclusive purchasing agreement | Price fixing |
II. Forewords: Special Issues
e-Competitions also publishes Special Issues which are introduced by a Foreword.
Example : Florian Wagner-von Papp, Commitment decisions: An overview of EU and national case law, 30 May 2019, e-Competitions Commitment Decisions, Art. N° 90109.
Forewords consist of writing a short presentation highlighting the major cases reported in the Special Issue (EU, US, Canadian, Chinese, and other national cases depending on the Special Issue).
The length of this contribution is rather short (around 4,000 words or 30,000 characters/signs spaces included). However, electronic publication makes space requirements flexible.
You are welcome to write your contribution with co-author(s) if you wish.
For more information contact the editorial team at bulletin@concurrences.com.