The Tests of Illegality Under Articles 101 and 102 TFEU [PDF]
Antitrust Bulletin, 2016 This article aims to assess one of the many contributions of Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law by Richard Markovits to our understanding of U.S. and EU antitrust laws. That specific contribution is the tests of illegality adopted in Markovits’s study to interpret Articles 101 and 102 of the Treaty on the ...
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Legal Tests and the Object – Effect Dichotomy under Article 102 TFEU [PDF]
internetowy Kwartalnik Antymonopolowy i Regulacyjny, 2023 Despite the adoption of the “more economic approach” in the assessment of unilateral conduct, the object – effect dichotomy is still relevant under Article 102 TFEU, as it is under Article 101 TFEU.
Ioannis Apostolakis
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Using Competitors’ Data – a Role for Competition Law? Some Thoughts on the Amazon Marketplace Case [PDF]
Yearbook of Antitrust and Regulatory Studies, 2021 Based on the Commission’s investigation into Amazon’s practices, the article analyses whether Amazon’s use of sensitive data from independent retailers who sell via its marketplace may raise anticompetitive concerns and, if so, how they should be tackled,
Iga Małobęcka-Szwast
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Does the ‘more appropriate’ authority need to be independent? Rule of law implications for case referrals with respect of concentrations [PDF]
Yearbook of Antitrust and Regulatory Studies, 2022 In the recent Sped-Pro judgment, the General Court ruled that in order to guarantee effective judicial protection of the complainant, the Commission is obliged to examine the given national competition authority’s independence, and overall rule of law
Miłosz Malaga
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Google Shopping and the Quest for a Legal Test for Self-preferencing Under Article 102 TFEU
European Papers, 2022 (Series Information) European Papers - A Journal on Law and Integration, 2021 6(3), 1345-1361 | European Forum Insight of 22 February 2022 | (Table of Contents) I. Introduction. - II. Self-preferencing as a free-standing abuse of dominance. - III.
Elias Deutscher
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Abuse of Dominance and the DMA – Differing Objectives or Prevailing Continuity?
Acta Universitatis Carolinae Iuridica, 2023 A new EU regulation called the Digital Markets Act aims to keep digital markets open and fair in the face of the power of the so-called internet gatekeepers.
Václav Šmejkal
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The Principles of Article 102(c) TFEU in Cases of Non-exclusionary Secondary Line Discrimination on Grounds Other than Nationality Case Comment to the Judgment of EU Court of Justice of 19 April 2018 Meo-Serviços de Comunicações e Multimédia(C-525/16) [PDF]
Yearbook of Antitrust and Regulatory Studies, 2019 Although the instances of application of Article 102(c) TFEU can hardly be described as rare, to date it has been applied to essentially two sets of diverging situations, namely to discrimination on grounds of nationality on the one hand, and other forms
Jan Szczodrowski
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A bad dream come true: ICT patent prosecution against EU competition law
Market and Competition Law Review, 2022 The article scrutinises patent prosecution practices in the ICT sector under Arts. 101 and 102 TFEU in light of the CJEU case law and economic arguments pointing to their anti- and pro-competitive effects.
Niccolò Galli
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Exploitative Abuses: The Scope and the Limits of Article 102 TFEU [PDF]
SSRN Electronic Journal, 2023 This paper establishes the scope and principles for the application of Article 102 TFEU to exploitative abuse, in light of the increased interest in applying this provision against dominant digital platforms. After establishing the policy challenges to using competition law to address unfair conduct by dominant undertakings, we show the importance of ...
MONTI, Giorgio, DE STREEL, Alexandre
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Extending the Principle of Economic Continuity to Private Enforcement of Competition Law. What Lies Ahead for Corporate Restructuring and Civil Damages Proceedings after Skanska?Case Comment to the Judgement of the Court of Justice of 14 March 2019 Skanska Industrial Solutions and others (Case C-724/17 [PDF]
Yearbook of Antitrust and Regulatory Studies, 2019 In the tradition of civil law Member States, civil liability issues are linked to the legal entity that caused a damage, with the exception of lifting the corporate veil.
Vasiliki Fasoula
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