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The European Commission moves away from economics and proposes a presumption-based approach in its draft guidelines on...

The European Commission has published for public consultation its long-awaited draft Guidelines on exclusionary abuses (draft Guidelines). The draft Guidelines aim at making it faster and easier for the Commission to pursue...more

The European Commission modernises its market definition guidance

The EC has published the long-awaited revised Market Definition Notice (the "Notice"), marking the first update since its initial adoption in 1997. The Notice clarifies the methodology for defining product and geographic...more

European Court of Justice confirms that national authorities can review ex-post below-threshold mergers under abuse of dominance...

The long-awaited European Court of Justice's judgment in Towercast confirmed that national competition authorities (and national courts) can apply abuse of dominance rules to mergers that did not trigger EU and national...more

The Draft DMA Implementing Regulation – Balancing effectiveness with due process?

On 9 December 2022, the European Commission published its draft DMA Implementing Regulation for consultation, together with the proposed Notification Form for "gatekeepers". The text deals with notifications, submissions and...more

The Digital Markets Act (DMA) goes live

The DMA has been published in the Official Journal of the European Union and will enter into force on 1 November 2022. The DMA aims to address concerns regarding "contestability" and "fairness" in the digital economy and...more

Global merger control: Navigating stormy seas

There have been a number of developments in merger control in 2020 and Q1 2021. Some are related to the repercussions of the COVID-19 pandemic, while others are borne out of the ambitions and changes sought by individual...more

The EU loan syndication impact assessment is out: more competition scrutiny ahead?

Setting the scene The long anticipated European Commission (DG COMP) report on "EU loan syndication and its impact on competition in credit markets" (see here) has finally been published. The study primarily focuses on the...more

The CMA Remicade decision: discount schemes and abuse of dominance – effects matter!

On 14 March 2019, the UK Competition and Markets Authority (CMA) decided to close its investigation into a discount scheme by Merck Sharp & Dohme Limited (MSD). The CMA concluded that there were no grounds for it to take...more

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