Law: Article 102 TFEU

EU Damages Directive does not apply to contractual disputes, ECJ rules

Private actions seeking to nullify contracts for infringing antitrust rules cannot rely on the EU Damages Directive, but can still use decisions from competition authorities as strong rebuttable presumptions of wrongdoing, the European Court of Justice has held.

20 April 2023

ECJ rejects Amazon’s appeal against Buy Box probe carve-out

The EU’s highest court has rejected an appeal by Amazon challenging the European Commission’s decision to limit the territorial scope of its “Buy Box” investigation, confirming the agency did not violate rules restricting parallel proceedings by national enforcers.

20 April 2023

Belgium opens abuse probe into below-threshold merger

Belgium’s Competition Authority has launched an abuse of dominance investigation into Proximus’s €20.5 million acquisition of a rival, less than a week after the European Court of Justice blessed such probes.

23 March 2023

Google offers data portability remedies in Italian abuse probe

Google has promised to make it easier for users to export their personal data across different platforms as it looks to end an abuse of dominance probe in Italy.

22 March 2023

EU wrongly imposed “arbitrary” predatory pricing fine, Qualcomm argues

The European Commission’s predatory pricing decision against Qualcomm has created an “environment of legal uncertainty”, the chipmaker has argued in its appeal against a sanction that it claims is equivalent to those levied against hardcore cartels.

15 March 2023

Qualcomm “attacked” rival to implement foreclosure strategy, EU says

Qualcomm “acted like a typical predator” and “attacked when it mattered” to shut-out competition from a rival chipmaker, the European Commission has said as it defends its €242 million predatory pricing fine on the company.

14 March 2023

Qualcomm kicks off bid to strike down second EU infringement decision

Qualcomm has accused the European Commission of “chronic mismanagement and blatant procedural bias” in the predatory pricing investigation that led it to fine the chipmaker €242 million.

13 March 2023

EU closes preliminary Coca-Cola probe

The European Commission has closed its preliminary investigation into whether Coca-Cola and two of its bottling subsidiaries granted a series of anticompetitive conditional rebates to retailers in several EU member states.

28 February 2023

EU drops major App Store charge in rare replacement SO

The European Commission has sent Apple a new statement of objections, abandoning its initial allegations that the iPhone maker’s rule forcing developers to use its own in-app purchase system infringes competition law.

28 February 2023

Hausfeld leads Dutch excessive pricing claim against AbbVie

An Amsterdam-based non-profit is seeking a court declaration that AbbVie abused its dominance by overcharging the national healthcare system over €1 billion for its rheumatoid arthritis treatment drug.

22 February 2023

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