Competition law Blog

Official Blog of the European Competition and Regulatory Law Review (CoRe)

On a weekly basis Phedon Nicolaides posts critical analysis pieces on the latest State aid judgments and decisions on his blog State Aid Uncovered. Each article presents the main points of a court ruling or Commission‘s decision, places them in the context of similar case law or practice, assesses the underlying reasoning, and identifies any inconsistencies or contradictions.
Occasional guest blog posts by other State aid experts complement the State aid knowledge hub.

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Features ×

22. October 2020  |   Features by Stefano Riela

Covid-19 and the geopolitics of the Herfindahl-Hirschman Index
Competition Blogs - port 675539 1920
The Covid-19 pandemic has revealed that trade is not a free flow whose tap globalization has turned on for good: export may be restricted due to unavailability and, as in the case of import, as part of foreign policy. What emerged as a discontinuity with the globalization of the last three decades makes the assessment of a market structure more […]
read more
No Comments
12. October 2020  |   Features by Alexandr Svetlicinii

Two hats on one head: Competition authorities and FDI screening
Competition Blogs - brexit 4100607 1920
The Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and became fully operational on 11 October 2020. Its adoption was preceded by the heated discussion on the need to reform the EU merger control framework, which according to some stakeholders, should be able […]
read more
No Comments
22. September 2020  |   Features by Daniel Mandrescu

Epic v Apple (2): market power and foreclosure in the app distribution market(s)
Epic, Fortnite, Apple, battle royale, competition law, antitrust, district court, monopolization, monopoly, essential facilities, refusal to supply, tying, abuse of dominance
Epic’s battle against Apple has been extensively covered in media in the past month. This attention is undoubtedly due to Epic’s explicit move against Apple’s terms and conditions as well as Apple’s fierce reaction to cut all ties with Epic. Epic’s legal dispute is, however, not only against Apple but also against Google who has removed Epic from its Play […]
read more
No Comments
4. September 2020  |   Features by Friso Bostoen

Epic v Apple (1): introducing antitrust’s latest Big Tech battle royale
Epic, Fortnite, Apple, battle royale, competition law, antitrust, district court, monopolization, monopoly, essential facilities, refusal to supply, tying, abuse of dominance
Mid-August 2020, a series of events unfolded in a short period of time. They may prove a watershed moment for the role of antitrust in regulating digital markets. It started when gamers playing Fortnite on their iPhone were suddenly faced with a new choice screen when buying in-app currency: What changed is that Epic, the developer of Fortnite, introduced an […]
read more
No Comments
27. August 2020  |   Features by Daniel Mandrescu

Slack v. Microsoft – more than just another tying case
Competition Blogs - microsoft 4417280 1280
The recent wave of claims against digital giants appears to have completed a circle with Slack’s recent claim against Microsoft for allegedly abusing its dominant position by tying Microsoft Teams to the Office 365 software package. One cannot deny the resemblance between this claim and the previous tying cases Microsoft had faced, however, upon closer look Slack’s claim is much […]
read more
No Comments
16. June 2020  |   Features by Virgilio Mouta Pereira

Hitting the mark or setting the bar too high? The “merger gap” and prospective analysis in the aftermath of CK Hutchison/Telefónica
connections
by Miguel Marques de Carvalho and Virgílio Pereira On 28 may 2020, the General Court (“GC”) handed down a landmark judgment whereby it overturned the European Commission’s (“Commission”) decision which had prohibited the four-to-three acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). This blogpost provides an overview  of the main points raised by the ruling and offers some […]
read more
No Comments
9. June 2020  |   Features by Alice Rinaldi

Re-imagining the Abuse of Economic Dependence in a Digital World
Mobile apps image
As proven by the recent consultation on the Digital Services Act, the European Union is actively pursuing new solutions to cope with the challenges posed by digitalization. This post proposes a new approach to conducts taking place in the context of online commercial relationships, such as refusals to access platforms or datasets. Namely, it suggests that the European legislator should […]
read more
No Comments
28. May 2020  |   Features by Marios Iacovides

Covid-19 and the transformative power of State Aid: a framework for a democratically legitimate recovery
corona virus
By Julian Nowag and Marios Iacovides The coronavirus pandemic has led to major shocks to the global economy and the EU Member States, with hardly any State spared. The European Commission estimates that the EU economy will contract by 7.5 % in 2020. Unemployment is forecast to rise from 6.7% in 2019 to 9% in 2020. Within this context, the […]
read more
No Comments
19. May 2020  |   Features by Virgilio Pereira

Amazon/Deliveroo: Dynamic Counterfactual Analysis and the Failing-Firm Defence
Amazon logo
The economic and financial impact of the Covid-19 pandemic foreshadows an increase in the number of deals where the so-called “failing-firm defence” (“FFD”) might come under discussion, as recently demonstrated by the provisional clearance of Amazon’s investment in Deliveroo by the Competition and Markets Authority (“CMA”). This blogpost addresses the interplay between the FFD and dynamic counterfactual analysis, in light of the […]
read more
No Comments
14. May 2020  |   Features by Daniel Mandrescu

Restrictions of competition by object and multi-sided platforms – insights from Budapest Bank
credit card swiping
The judgment of the CJEU in Budapest Bank (Case C-228/18) is the most recent case that provides guidance with regard to the application of art. 101 TFEU in the context of multi-sided platforms. The CJEU explicitly confirmed the possibility of finding restrictions of competition by object by such players despite the complexities originating from their multi-sided nature. However, the manner in which […]
read more
No Comments
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Anja Naumann

Blog Editor

LL.M., PhD, currently legal trainee at the Higher Regional Court of Berlin.

>> Anja’s CoRe Blog posts >>

Daniel Mandrescu
Blog editor Assistant Professor EU competition law, Europa Institute, Leiden University >> Daniel's CoRe blog posts >>
Friso Bostoen

Blog Editor

Assistant Professor of Competition Law and Digital Regulation, Tilburg University

Friso Bostoen is an assistant professor of competition law and digital regulation at Tilburg University. Previously, he was a Max Weber Fellow at the European University Institute. He holds degrees from KU Leuven (PhD, LLM) and Harvard University (LLM). Friso’s research focuses on antitrust enforcement in digital markets. His work has resulted in numerous international publications, presentations, and awards (including the AdC Competition Policy Award 2019 and the Concurrences PhD Award 2022). In addition, Friso edits the CoRe Blog and hosts the Monopoly Attack podcast.

>> Friso’s CoRe Blog posts >>

Nelly Stratieva

Head of Editorial Department and Data Protection Officer

Responsible for EStAL (European State Aid Law Quarterly), EPPPL (European Public Private Partnership Law Review) and CoRe (European Competition and Regulatory Law Review). Overseeing Lexxion Publisher’s privacy and data protection compliance.

Parsa Tonkaboni
Picture Rita Paukste
Rita Paukste

Former Blog Editor

Senior Associate, Motieka & Audzevicius PLP, Vilnius

>> Rita’s CoRe Blog posts >>

Features ×

22. October 2020  |   Features by Stefano Riela

Covid-19 and the geopolitics of the Herfindahl-Hirschman Index
Competition Blogs - port 675539 1920
The Covid-19 pandemic has revealed that trade is not a free flow whose tap globalization has turned on for good: export may be restricted due to unavailability and, as in the case of import, as part of foreign policy. What emerged as a discontinuity with the globalization of the last three decades makes the assessment of a market structure more […]
read more
No Comments
12. October 2020  |   Features by Alexandr Svetlicinii

Two hats on one head: Competition authorities and FDI screening
Competition Blogs - brexit 4100607 1920
The Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and became fully operational on 11 October 2020. Its adoption was preceded by the heated discussion on the need to reform the EU merger control framework, which according to some stakeholders, should be able […]
read more
No Comments
22. September 2020  |   Features by Daniel Mandrescu

Epic v Apple (2): market power and foreclosure in the app distribution market(s)
Epic, Fortnite, Apple, battle royale, competition law, antitrust, district court, monopolization, monopoly, essential facilities, refusal to supply, tying, abuse of dominance
Epic’s battle against Apple has been extensively covered in media in the past month. This attention is undoubtedly due to Epic’s explicit move against Apple’s terms and conditions as well as Apple’s fierce reaction to cut all ties with Epic. Epic’s legal dispute is, however, not only against Apple but also against Google who has removed Epic from its Play […]
read more
No Comments
4. September 2020  |   Features by Friso Bostoen

Epic v Apple (1): introducing antitrust’s latest Big Tech battle royale
Epic, Fortnite, Apple, battle royale, competition law, antitrust, district court, monopolization, monopoly, essential facilities, refusal to supply, tying, abuse of dominance
Mid-August 2020, a series of events unfolded in a short period of time. They may prove a watershed moment for the role of antitrust in regulating digital markets. It started when gamers playing Fortnite on their iPhone were suddenly faced with a new choice screen when buying in-app currency: What changed is that Epic, the developer of Fortnite, introduced an […]
read more
No Comments
27. August 2020  |   Features by Daniel Mandrescu

Slack v. Microsoft – more than just another tying case
Competition Blogs - microsoft 4417280 1280
The recent wave of claims against digital giants appears to have completed a circle with Slack’s recent claim against Microsoft for allegedly abusing its dominant position by tying Microsoft Teams to the Office 365 software package. One cannot deny the resemblance between this claim and the previous tying cases Microsoft had faced, however, upon closer look Slack’s claim is much […]
read more
No Comments
16. June 2020  |   Features by Virgilio Mouta Pereira

Hitting the mark or setting the bar too high? The “merger gap” and prospective analysis in the aftermath of CK Hutchison/Telefónica
connections
by Miguel Marques de Carvalho and Virgílio Pereira On 28 may 2020, the General Court (“GC”) handed down a landmark judgment whereby it overturned the European Commission’s (“Commission”) decision which had prohibited the four-to-three acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). This blogpost provides an overview  of the main points raised by the ruling and offers some […]
read more
No Comments
9. June 2020  |   Features by Alice Rinaldi

Re-imagining the Abuse of Economic Dependence in a Digital World
Mobile apps image
As proven by the recent consultation on the Digital Services Act, the European Union is actively pursuing new solutions to cope with the challenges posed by digitalization. This post proposes a new approach to conducts taking place in the context of online commercial relationships, such as refusals to access platforms or datasets. Namely, it suggests that the European legislator should […]
read more
No Comments
28. May 2020  |   Features by Marios Iacovides

Covid-19 and the transformative power of State Aid: a framework for a democratically legitimate recovery
corona virus
By Julian Nowag and Marios Iacovides The coronavirus pandemic has led to major shocks to the global economy and the EU Member States, with hardly any State spared. The European Commission estimates that the EU economy will contract by 7.5 % in 2020. Unemployment is forecast to rise from 6.7% in 2019 to 9% in 2020. Within this context, the […]
read more
No Comments
19. May 2020  |   Features by Virgilio Pereira

Amazon/Deliveroo: Dynamic Counterfactual Analysis and the Failing-Firm Defence
Amazon logo
The economic and financial impact of the Covid-19 pandemic foreshadows an increase in the number of deals where the so-called “failing-firm defence” (“FFD”) might come under discussion, as recently demonstrated by the provisional clearance of Amazon’s investment in Deliveroo by the Competition and Markets Authority (“CMA”). This blogpost addresses the interplay between the FFD and dynamic counterfactual analysis, in light of the […]
read more
No Comments
14. May 2020  |   Features by Daniel Mandrescu

Restrictions of competition by object and multi-sided platforms – insights from Budapest Bank
credit card swiping
The judgment of the CJEU in Budapest Bank (Case C-228/18) is the most recent case that provides guidance with regard to the application of art. 101 TFEU in the context of multi-sided platforms. The CJEU explicitly confirmed the possibility of finding restrictions of competition by object by such players despite the complexities originating from their multi-sided nature. However, the manner in which […]
read more
No Comments
« Previous PageNext Page »

Features ×

22. October 2020  |   Features by Stefano Riela

Covid-19 and the geopolitics of the Herfindahl-Hirschman Index
Competition Blogs - port 675539 1920
The Covid-19 pandemic has revealed that trade is not a free flow whose tap globalization has turned on for good: export may be restricted due to unavailability and, as in the case of import, as part of foreign policy. What emerged as a discontinuity with the globalization of the last three decades makes the assessment of a market structure more […]
read more
No Comments
12. October 2020  |   Features by Alexandr Svetlicinii

Two hats on one head: Competition authorities and FDI screening
Competition Blogs - brexit 4100607 1920
The Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and became fully operational on 11 October 2020. Its adoption was preceded by the heated discussion on the need to reform the EU merger control framework, which according to some stakeholders, should be able […]
read more
No Comments
22. September 2020  |   Features by Daniel Mandrescu

Epic v Apple (2): market power and foreclosure in the app distribution market(s)
Epic, Fortnite, Apple, battle royale, competition law, antitrust, district court, monopolization, monopoly, essential facilities, refusal to supply, tying, abuse of dominance
Epic’s battle against Apple has been extensively covered in media in the past month. This attention is undoubtedly due to Epic’s explicit move against Apple’s terms and conditions as well as Apple’s fierce reaction to cut all ties with Epic. Epic’s legal dispute is, however, not only against Apple but also against Google who has removed Epic from its Play […]
read more
No Comments
4. September 2020  |   Features by Friso Bostoen

Epic v Apple (1): introducing antitrust’s latest Big Tech battle royale
Epic, Fortnite, Apple, battle royale, competition law, antitrust, district court, monopolization, monopoly, essential facilities, refusal to supply, tying, abuse of dominance
Mid-August 2020, a series of events unfolded in a short period of time. They may prove a watershed moment for the role of antitrust in regulating digital markets. It started when gamers playing Fortnite on their iPhone were suddenly faced with a new choice screen when buying in-app currency: What changed is that Epic, the developer of Fortnite, introduced an […]
read more
No Comments
27. August 2020  |   Features by Daniel Mandrescu

Slack v. Microsoft – more than just another tying case
Competition Blogs - microsoft 4417280 1280
The recent wave of claims against digital giants appears to have completed a circle with Slack’s recent claim against Microsoft for allegedly abusing its dominant position by tying Microsoft Teams to the Office 365 software package. One cannot deny the resemblance between this claim and the previous tying cases Microsoft had faced, however, upon closer look Slack’s claim is much […]
read more
No Comments
16. June 2020  |   Features by Virgilio Mouta Pereira

Hitting the mark or setting the bar too high? The “merger gap” and prospective analysis in the aftermath of CK Hutchison/Telefónica
connections
by Miguel Marques de Carvalho and Virgílio Pereira On 28 may 2020, the General Court (“GC”) handed down a landmark judgment whereby it overturned the European Commission’s (“Commission”) decision which had prohibited the four-to-three acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). This blogpost provides an overview  of the main points raised by the ruling and offers some […]
read more
No Comments
9. June 2020  |   Features by Alice Rinaldi

Re-imagining the Abuse of Economic Dependence in a Digital World
Mobile apps image
As proven by the recent consultation on the Digital Services Act, the European Union is actively pursuing new solutions to cope with the challenges posed by digitalization. This post proposes a new approach to conducts taking place in the context of online commercial relationships, such as refusals to access platforms or datasets. Namely, it suggests that the European legislator should […]
read more
No Comments
28. May 2020  |   Features by Marios Iacovides

Covid-19 and the transformative power of State Aid: a framework for a democratically legitimate recovery
corona virus
By Julian Nowag and Marios Iacovides The coronavirus pandemic has led to major shocks to the global economy and the EU Member States, with hardly any State spared. The European Commission estimates that the EU economy will contract by 7.5 % in 2020. Unemployment is forecast to rise from 6.7% in 2019 to 9% in 2020. Within this context, the […]
read more
No Comments
19. May 2020  |   Features by Virgilio Pereira

Amazon/Deliveroo: Dynamic Counterfactual Analysis and the Failing-Firm Defence
Amazon logo
The economic and financial impact of the Covid-19 pandemic foreshadows an increase in the number of deals where the so-called “failing-firm defence” (“FFD”) might come under discussion, as recently demonstrated by the provisional clearance of Amazon’s investment in Deliveroo by the Competition and Markets Authority (“CMA”). This blogpost addresses the interplay between the FFD and dynamic counterfactual analysis, in light of the […]
read more
No Comments
14. May 2020  |   Features by Daniel Mandrescu

Restrictions of competition by object and multi-sided platforms – insights from Budapest Bank
credit card swiping
The judgment of the CJEU in Budapest Bank (Case C-228/18) is the most recent case that provides guidance with regard to the application of art. 101 TFEU in the context of multi-sided platforms. The CJEU explicitly confirmed the possibility of finding restrictions of competition by object by such players despite the complexities originating from their multi-sided nature. However, the manner in which […]
read more
No Comments
« Previous PageNext Page »

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