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European Union

Choke Points, Competitiveness, and Competition
 |  Apr 18, 2024

By Thorsten Käseberg1    Over the last 10 years, “choke points” have become a standard notion for trade and security policymakers in our conflict-driven, globalized interdependent world. Choke points may…

Recent Developments in the Competition Authorities’ Activities in the Real Estate Sector in the EU and UK
 |  Mar 27, 2024

In recent years, the competition authorities of the Member States of the European Union and the UK have handed down a number of decisions involving the real estate sector. These…

Cloud Regulation in the EU Data Act
 |  Mar 19, 2024

The European Union values cloud computing as one of several key future technologies. It has therefore embedded goals for the technology in its Digital Decade program. By 2030, 75 percent…

Cloud Sovereignty as a Driver of EU Policy
 |  Mar 19, 2024

As part of a broader discussion of European “digital” sovereignty, some in Brussels are calling for a “sovereign” European cloud. Such calls stem from long-standing concerns about Europe’s widespread dependency…

The Undue Reliance on Article 101(3) TFEU in the Assessment of Sustainability Agreements in the 2023 Horizontal Guidelines
 |  Dec 18, 2023

By Jean-François Bellis1   One of the major and most remarkable innovations in the 2023 European Commission Guidelines on Horizontal cooperation2 (hereinafter “Horizontal Guidelines”) was the introduction of a chapter…

Standard Deviation? Private Rule-Making Under the EU AI Act
 |  Sep 7, 2023

The framework set out by the EU’s proposed Artificial Act (“AIA”) relies heavily on the use of standards developed by private European standard-setting organizations (“ESOs”) for its proposed implementation. The…

The EU Foreign Subsidies Regulation – A New Chapter for Foreign Subsidies Scrutiny in the EU
 |  Aug 29, 2023

The Foreign Subsidies Regulation, applicable as of July 12, 2023, gives the European Commission broad powers to tackle subsidies provided by non-EU countries that distort the EU’s internal market. It…

Hitting the “Return” Key: Disgorgement in UK/EU Antitrust Laws
 |  Aug 29, 2023

Expressly restitutionary remedies have yet to be ordered in a competition law case. Yet disgorgement is not an unfamiliar principle in the field. Excessive pricing and other abuses of dominance…

Highest EU Court Reinforces Merger Control in Telco Sector and Beyond
 |  Jul 27, 2023

By Antonio Bavasso, Josh Buckland & Michael Tagliavini1   I. Introduction and Overview On July 13, 2023, the highest EU court – the European Court of Justice (“ECJ”) – handed…

Coordinated Effects of Mergers: The EC Perspective
 |  Jul 27, 2023

This article assesses the European Commission’s recent approach to coordinated effects in horizontal merger review. First, I provide an overview of the framework of assessment as described in the Horizontal…

The Prevalence of Coordinated Effects Theories in Uk and EC Merger Cases
 |  Jul 27, 2023

This article analyses UK and EC merger cases in the past ten years to assess the extent to which coordinated effects have played a role in the investigation. It finds…

Judicial Review of Economic Evidence in EU Competition Law: Ready for the Ride?
 |  Jul 21, 2023

Economic evidence today is central to numerous competition case. Its review by the General Court of the EU ensures that the facts and the economic appraisals set out by the…

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