Law: Article 102 TFEU

UK tribunal denies submission of foreign judgments in Qualcomm class action

The UK’s Competition Appeal Tribunal has denied a claimant’s request to consider competition law rulings and infringement decisions by foreign courts and enforcers against Qualcomm in a £480 million class action against the chipmaker.

20 February 2023

Novartis and Roche win appeal against collective abuse fines

A French appellate court has quashed €444 million in fines levied by the country’s antitrust watchdog against Novartis and Roche, ruling that the drugmakers did not abuse their collective dominance by discouraging off-label prescriptions for a cheaper medicine.

17 February 2023

Spanish court reinstates UEFA/FIFA injunction in European Super League dispute

A court in Madrid has reimposed an order on UEFA and FIFA that temporarily prevents them from penalising clubs or players that attempted to join the European Super League, branding their claims of protecting the European sporting model a “flimsy excuse”.

01 February 2023

Turkey investigates Tetra Laval over abuse claims

The parent of global food packaging manufacturer Tetra Pak has said it is “surprised” by a recently announced probe by the Turkish antitrust authority examining whether it forecloses rivals, given it does not directly operate in the country.

24 January 2023

Germany opens MFN probe into PayPal

Germany’s Federal Cartel Office is investigating if PayPal abuses its dominance through the use of most-favoured-nation clauses that restrict competition in the online payments market.

23 January 2023

Intel test applies to exclusivity clause analysis, ECJ rules

Antitrust authorities must analyse the results of the as-efficient competitor test if a dominant company provides such evidence during probes of both rebate schemes and exclusivity clauses, the European Court of Justice has confirmed.

19 January 2023

CAT urged to allow foreign judgments as evidence in Qualcomm class action

Counsel steering a £480 million class action against Qualcomm have urged the UK’s Competition Appeal Tribunal to allow the disclosure of findings and decisions by foreign courts and antitrust enforcers at trial.

13 January 2023

ECJ endorses limited use of essential facilities doctrine

The European Court of Justice has confirmed that the European Commission was right not to analyse Lithuanian Railways’ track removal as a refusal to supply an essential facility, as the destruction of infrastructure can constitute an abuse of dominance in its own right.

12 January 2023

UEFA and FIFA score in European Super League AG opinion

FIFA and UEFA did not abuse their dominance when they banned football clubs from breaking away to form a European Super League, EU advocate general Athanasios Rantos has said.

15 December 2022

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