Advocate General Kokott’s Opinion in Lundbeck v Commission

On 4 June 2020, Advocate General Kokott (“AG”) delivered her Opinion in Case C-591/16 P Lundbeck v Commission.  The AG proposed that the European Court of Justice (“ECJ”) should dismiss Lundbeck’s appeal against the General Court (“GC”) judgment and uphold the European Commission (“EC”)’s fine on Lundbeck for anticompetitive agreements aimed at delaying the marketing … Read more

Commission consults on a range of digital initiatives

The Commission is currently consulting on a range of proposals for legislation in the digital sector.  The proposed measures consist of a Digital Services Act package (dealing with issues such as online safety, freedom of expression, fairness and a level-playing field in the digital economy) and a new ex ante competition tool to give it … Read more

General Court Landmark Ruling in Three/O2 Commission Prohibition

On 28 May 2020 the General Court handed down its ruling in CK Telecoms UK Investment Ltd v European Commission (Case T-399/16) in which it annulled the EU Commission’s decision which prohibited the proposed acquisition by CK Hutchison Holdings Ltd (Hutchison) of Telefónica Europe plc (O2). The proposed transaction would have brought together two of … Read more

New market investigation regime for the EU?

The Commission’s 2020 updated working programme provides for a legislative proposal for a new “ex ante competition tool” to be put forward before the end of 2020, in the context of its digital markets strategy. At this stage no further details as to the nature of the new tool are available, but Commissioner Vestager has … Read more

EU Commission publishes guidance on cooperation arrangements aimed at addressing shortages during the COVID-19 crisis

On 8 April 2020 the Commission published a ‘Temporary framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current COVID-19 outbreak’ (Temporary Framework).  The Commission recognises the exceptional challenges faced by some businesses as a result of the COVID-19 crisis, which may require cooperation in order … Read more

EU Market Definition Notice – Commission launches evaluation and fitness check

The European Commission (the “Commission“) has launched an “evaluation and fitness check roadmap” of its 1997 Notice on the definition of relevant market for the purposes of Community competition law (the “Notice“). The Notice provides guidance on how the Commission uses the concepts of relevant product and geographic markets in its enforcement of EU competition … Read more

COVID-19 and the impact on competition law – mining

The rapid spread of COVID-19 across the world, and notably Europe, in recent weeks is placing increasing strain on our economies, in addition to the tragic human impact. Several implications for competition law have already emerged. In the update below, we summarise (non-exhaustively) potential competition law considerations for the mining sector. Competition authorities are publishing/revising … Read more