To quote this paper: A. Portuese, “The DMA and the EU’s French Presidency: The Road To Precaution and Tensions”, Competition Forum, 2021, n° 0029, https://competition-forum.com.The Digital Markets Act (DMA) proposed by the European Commission in December 2020 appears...
Blog
Follow-on action in dairy products cartel: retailers granted damages by the Paris Court of Appeal
Summary: On November 24th, 2021, the Paris Court of Appeal upheld claims by retailers in the follow-on action subsequent to the decision of the French Competition Authority on the dairy products cartel in 2015. This decision led to several dairy producers being fined...
An introspection on the FTC’s withdrawal of 2020 Vertical Merger Guidelines
Resume: On the 15th of September 2021, 2020 Vertical Merger Guidelines were withdrawn by the Federal Trade Commission only a short year after they were adopted in June 2020. It is possible to find two main points of focus in the Statement of the majority: (1) a...
The first decision under the « new » article 22 of the Merger Regulation in Illumina/Grail case
Resume: For the first time, a merger is analyzed under the new interpretation of article 22 of the Merger Regulation. Recently, the European Commission announced that the provision will be broadly interpreted with the goal to « catch » some operations which are under...
Google sanctioned again by the French competition authority for non-compliance with injunctions on neighbouring rights
Resume: On July 12, the French competition authority has sanctioned Google for non-compliance with injunctions imposed in its decision of April 09, 2020. Beyond the fact that it is an umpteenth record for a sanction against Google, this decision is also talked about...
AKZO presumption of dominance: Time to abandon?
To quote this paper: J. Kupčík, “AKZO presumption of dominance: Time to abandon?”, Competition Forum, 2021, n°0025, https://competition-forum.com. I. Introduction EU competition law has been and still is relying primarily on market shares for an analysis of a dominant...
Assessing the Impact of MFNs or PPCs on Competition in Online Marketplaces: An Indian Competition Law Perspective
Summary: This Article performs a competition assessment of Wide and Narrow Platform Parity Clauses (PPCs) imposed on sellers wanting to avail the services of online marketplaces and intermediaries. It analyses judicial decisions from across the globe, examining the...
Time for sustainable EU competition law enforcement
Resume: Market and price mechanisms are not perfect or complete. Instead market actors generate significant negative externalities, but these are clearly not fully reconciled solely by non-antitrust regulation, unlike often argued. Current competition law enforcement...
Competition Policy and Industrial Policy: Towards a new era?
This paper is inspired by the following report: Bruno Deffains, Olivier d’Ormesson, Thomas Perroud, Competition Policy and Industrial Policy: for a reform of European Law, Robert Schuman Foundation, January 2020...
State aid and European public policy objectives
Resume: While the European State aid rules mainly aim at avoiding subsidy races between Member States in the internal market, they have increasingly been used by the European Commission to further its own public policy objectives. The European Court of Justice’s...