Tag: Article 102 TFEU
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APP STORE CLAIMS: ANOTHER IMPORTANT LINK TO THE CJEU’S CHAIN IN PRIVATE ENFORCEMENT CASES
As private antitrust litigation against tech companies becomes increasingly common, courts are increasingly called upon to determine international and territorial jurisdiction for antitrust infringements that are committed in the EU without any physical location. The EU jurisdictional rule in Article 7(2) of the Brussels I-bis Regulation (Brussels I-bis) for tort cases uses the place where…
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Reform of Regulation 1/2003 and access to the file: is the DMA/DSA approach helpful?
The answer to the question posed in the title is simple: “No”. This note explains the reasons why. Access to the file after the adoption of a Statement of Objections (SO) in EU competition law enforcement procedures is a time consuming and painful process for all involved. It is, however, an essential way to ensure…
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The DOJ’s remedy proposal in Google Ad Tech – Correcting a broken market
On 17 April 2025, Judge Leonie Brinkema of the U.S. District Court for the Eastern District of Virginia ruled that Google monopolised two digital advertising technology markets and unlawfully tied its publisher ad server (“DFP”) and its ad exchange (“AdX”). This marked a huge success for the U.S. federal government and 17 states who had…
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The end or the beginning of an era? The Court of Justice delivers its verdict in the Google Shopping case
The long-awaited judgment from the European Court of Justice (“CJEU”) in the Google Shopping saga has finally arrived. On 10 September 2024, following a case that started with an investigation in 2010 and spanned nearly one and a half decades, the CJEU rejected Google’s appeal and delivered a huge victory for the European Commission (“Commission”). …
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Amazon settles EU allegations regarding third-party sellers on Amazon Marketplace: some progress made but much remains to be done
The European Commission has accepted a set of legally-binding commitments offered by Amazon to settle two long-running antitrust investigations into whether Amazon has abused its dominant position in e-commerce. In doing so, the Commission will not issue a formal infringement decision and will not impose a fine. This is a significant outcome for these…
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Some additional thoughts on the General Court’s judgment in Google Android
This is the second post on the General Court’s judgment in Google Android (T-604/18) delivered earlier this year (which Google has in the meantime appealed to the Court of Justice). As in the first post (available here), I would like to discuss some issues that caught my attention while reading the judgment, rather than summarize…
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General Court largely upholds the Commission’s decision in Google Android (Case T-604/18)
Earlier this month the General Court of the EU (the “Court”) delivered its much-anticipated judgment on Google’s action for annulment of the Commission’s decision in Case AT.40099 (Google Android) – the decision currently holding the record for the highest antitrust fine ever imposed, namely EUR 4.3 billion. By way of reminder, the Commission found that…
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Servizio, competition on the merits, and Google Shopping
This is the second post on the CJEU’s judgment in Servizio, a preliminary ruling concerning the interpretation of Article 102 TFEU (see here for the first post discussing the relevance of consumer welfare and actual effects in establishing an abuse under Article 102 TFEU). In this post I would like to discuss the concept of…
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The judgment of the Court of Justice in Servizio (C-377/20) – Part I
On 12 May, the Court of Justice delivered its eagerly anticipated judgment in Servizio (C-377/20), a preliminary ruling concerning the interpretation of Article 102 TFEU. This is a very interesting ruling for a variety of reasons: First, the conduct in question involved the (allegedly) abusive use of a database, and in particular the discriminatory use…
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EU and UK take on ‘Jedi Blue’ – Keep your friends close, but your enemies closer?
A big development in European competition enforcement in digital markets occurred today as both the European Commission and the UK Competition and Markets Authority (CMA) announced simultaneously that they are investigating the ‘Jedi Blue’ agreement. This is an agreement between Google and Meta (formerly Facebook) that may have targeted a disruptive advertising technology known as…