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View article: Judicial review in EU merger control: towards deference on issues of law?
Judicial review in EU merger control: towards deference on issues of law? Open
It is difficult to disentangle, in EU merger control, between issues of law (subject to full review by the EU courts) and complex economic assessments (controlled for manifest errors). This article discusses, and puts in context, the judge…
View article: REMEDIES IN EU ANTITRUST LAW
REMEDIES IN EU ANTITRUST LAW Open
Remedies are central in contemporary EU antitrust enforcement. However, they remain relatively misunderstood. Against this background, this article has three main objectives. It seeks, first, to shed light on the nature and purpose of reme…
View article: Article: Competition on the Merits
Article: Competition on the Merits Open
This article examines the meaning and contemporary relevance of the notion of competition on the merits in Article 102 TFEU case law. It also considers whether a finding of abuse presupposes that a practice is “abnormal” or amounts to a “w…
View article: Restrictions by object under Article 101(1) TFEU: From dark art to administrable framework
Restrictions by object under Article 101(1) TFEU: From dark art to administrable framework Open
This article presents the principles underpinning the approach followed by the Court of Justice (ECJ) when evaluating whether a practice has, as its object, the restriction of competition. It discusses, inter alia, what an authority (or cl…
View article: The (Second) Modernisation of Article 102 TFEU: Reconciling Effective Enforcement, Legal Certainty and Meaningful Judicial Review
The (Second) Modernisation of Article 102 TFEU: Reconciling Effective Enforcement, Legal Certainty and Meaningful Judicial Review Open
In March 2023, the European Commission (hereinafter, the 'Commission') launched an initiative that will ultimately lead to the adoption of a set of Guidelines on exclusionary abuses. 1 The announcement gives veteran EU competition lawyers …
View article: In Memoriam Valentine Korah (1928–2023)
In Memoriam Valentine Korah (1928–2023) Open
August of this year.As an exceptional figure that will be remembered by several generations, she was a genuine pioneer in numerous respects.She paved the way for many aspects of our community and environment that we now take for granted, a…
View article: Law, Policy, Expertise: Hallmarks of Effective Judicial Review in EU Competition Law
Law, Policy, Expertise: Hallmarks of Effective Judicial Review in EU Competition Law Open
This article discusses the techniques—‘hallmarks’—that the EU courts have developed to ensure that judicial review remains effective in competition law. These hallmarks can be grouped into three main categories. Some of them concern the in…
View article: Future-Proof Regulation against the Test of Time: The Evolution of European Telecommunications Regulation
Future-Proof Regulation against the Test of Time: The Evolution of European Telecommunications Regulation Open
Regulation is sometimes designed to be future-proof, so that it can adapt to changing economic and technological realities. The EU (and UK) Regulatory Framework for electronic communications was expressly crafted to be able to adjust to th…
View article: Competition Law and Sports Governance: Disentangling a Complex Relationship
Competition Law and Sports Governance: Disentangling a Complex Relationship Open
Cases like International Skating Union and Super League show that the application of EU competition law to rules adopted by sports governing bodies is complex and occasionally controversial. This article discusses the peculiarities of spor…
View article: EU Merger Control Between Law and Discretion: When Is an Impediment to Effective Competition Significant?
EU Merger Control Between Law and Discretion: When Is an Impediment to Effective Competition Significant? Open
This paper considers the interpretation of the substantive test laid down in Article 2 of Regulation 139/2004. It focuses on horizontal mergers in the so-called ‘gap’ cases, which would not result in the creation or the strengthening of a …
View article: The Draft Digital Markets Act: A Legal and Institutional Analysis
The Draft Digital Markets Act: A Legal and Institutional Analysis Open
The proposal for a Digital Markets Act signals a new approach to the regulation of Big Tech in the EU and beyond.1 The legislative machine has been set in motion following a change in the attitude of authorities and stakeholders vis-a-vis …