Peter Citron

On 1 March 2022, the European Commission ("EC") published for consultation two draft revised horizontal block exemption regulations ("HBERs") on research & development ("R&D") and specialisation agreements, as well as draft revised horizontal cooperation guidelines ("Horizontal (...)

As part of its review of the EU antitrust rules governing vertical agreements, the European Commission (EC) has published for consultation a draft new section of its Vertical Guidelines, which contains proposed guidance on information exchange in "dual distribution" relationships. Reacting to (...)

No-poach agreements on the European Commission dawn raid radar* In a speech on 22 October 2021, EU Competition Commissioner Margrethe Vestager revealed that the European Commission was planning a series of dawn raids for the months to come. She highlighted that the European Commission is not (...)

UK clampdown on greenwashing As the importance of sustainability and eco-friendliness grows among consumers worldwide, the UK Competition and Markets Authority (CMA) has concerns that an increasing number of businesses misleadingly market their products and services as environmentally (...)

On 9 July 2021, the European Commission (EC) published for public consultation a draft revised Vertical Block Exemption Regulation (VBER) and draft revised guidelines on vertical restraints (Vertical Guidelines). The EC has made substantial revisions, including adjustments to the rules (...)

On 9 June 2021, the European Commission (EC) published a Preliminary Report setting out the initial findings of its sector inquiry into the consumer Internet of Things (“IoT”). The consumer IoT sector encompasses services, devices and technologies that support the interaction of consumers with (...)

On 26 May 2021, the UK Competition and Markets Authority announced that it would not undertake a market investigation reference on the back of its study into the electric vehicle charging market and will instead propose a package of remedies to address the issues found during the course of the (...)

On 6 May 2021, the European Commission ("Commission") published a staff working document ("SWD") on its evaluation of the horizontal block exemption regulations on research & development and specialisation agreements ("H-BERs") and the horizontal guidelines. The SWD is accompanied by an (...)

On 5 May 2021, the European Commission ("Commission") issued a proposal for a far-reaching Regulation to tackle foreign subsidies, which, if adopted, will increase the regulatory risk for companies operating or investing in the EU with backing from non-EU States. The new instrument targets (...)

On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission’s decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement agreements. The judgments largely repeat the position taken by the ECJ (...)

This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The European Commission is seeking feedback on introducing regulations or guidance to ensure that EU competition law rules do not prevent self-employed workers (...)

New EU Antitrust Rules for Distribution – European Commission’s Inception Impact Assessment* On 23 October 2020, the European Commission (EC) published its inception impact assessment of policy options for a potential revision of the EU Vertical Block Exemption Regulation (VBER) and accompanying (...)

Partial annulment of European Commission decisions to order dawn raid inspections* On 5 October 2020, the General Court of the European Union (GC) partially annulled decisions of the European Commission (EC) to order on-the-spot inspections (dawn raids) of a number of French retailers.. The (...)

This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. New proposed EC Regulation would impose transparency obligations vis-à-vis business users and introduces collective redress. Background Businesses increasingly (...)

European Commission Launches “New Deal” Consumer Legislation Covering Digital Services* Proposed new consumer legislation raises regulatory risks for businesses, creating new rights for consumers and introducing potentially increased collective litigation and fines for businesses. The European (...)

EU Adopts Ban on Unjustified Geo-Blocking* The new EU geo-blocking regulation prohibits unjustified geo-blocking. Businesses selling online should review carefully their terms and sales organization to ensure compliance. On 27 February 2018, the European Union (EU) adopted the EU geo-blocking (...)

European Commission’s e-commerce sector inquiry - increasing anti-trust heat* Online sales are not only attracting the attention of consumers and tech businesses, but also increased review by antitrust regulators. On 15 September 2016, the European Commission published a detailed 290 page (...)

EU judgment confirms potential of high cartel fines for vertically integrated multinational companies* On 9 July 2015, the Court of Justice of the European Union (“ECJ”) issued an important judgment concerning the basis on which cartel fines by the European Commission should be calculated for (...)

Dawn raids – EU’s highest court prevents circumvention of the ban on using dawn raids for fishing expeditions* The Court of Justice of the European Union has now delivered its judgment in the Deutsche Bahn case. This case concerns important practical principles which govern the conduct of (...)

European Commission dawn raids – Advocate General recommends the avoidance of “fishing expeditions”* Earlier this month, Advocate General Wahl delivered his opinion in the Deutsche Bahn1 case. This case concerns important practical principles which govern the conduct of European Commission dawn (...)

EU merger control – New measures aimed to reduce administrative burden* On 5 December, the European Commission published a package of measures to reduce the administrative burden of EU merger control, which will apply as of 1 January 2014. The package extends the scope of the simplified (...)

50:50 joint ventures – Possibility of parental liability for EU antitrust infringements confirmed* On 26 September 2013, the Court of Justice of the European Union (“CJEU”) issued two important judgments (Case C-172/12 P, El du Pont de Nemours and Others v Commission and Case C-179/12 P, Dow (...)

50:50 joint ventures – Possibility of parental liability for EU antitrust infringements confirmed* On 26 September 2013, the Court of Justice of the European Union (“CJEU”) issued two important judgments (Case C-172/12 P, El du Pont de Nemours and Others v Commission and Case C-179/12 P, Dow (...)

Continuing close scrutiny of the EU food sector – ECN report* On May 24 2012, the European Competition Network (“ECN”) published a report on the competition law enforcement and market monitoring activities by the European competition authorities in the food sector. The report is an important (...)

Holding parents liable for 50/50 joint ventures* On 2 February 2012, the EU’s General Court issued two important judgments concerning the issue of whether joint venture parents can be held liable for the cartel behaviour of their 50-50 joint venture. In T-77/08 (Dow Chemical v Commission) and (...)

Holding parents liable for 50/50 joint ventures* On 2 February 2012, the EU’s General Court issued two important judgments concerning the issue of whether joint venture parents can be held liable for the cartel behaviour of their 50-50 joint venture. In T-77/08 (Dow Chemical v Commission) and (...)

On 22 December 2011, the Belgian Constitutional Court issued a preliminary ruling which confirmed the jurisdiction of the Brussels Court of Appeal to review the investigative measures of the Belgian College of Competition Prosecutors. The Court ruled that if the Belgian Competition Act were to (...)