In Short -
The Situation: On 27 March 2023, the European Commission ("Commission") published a Communication amending its 2008 Guidance on enforcement priorities concerning exclusionary abuses ("amended 2008 Guidance...more
The European Parliament ("EP") and Council formally adopted the Digital Markets Act ("DMA") in July 2022, imposing new behavioral obligations on large digital platforms qualifying as "gatekeepers." The final agreement...more
Following an extended review, the European Commission ("Commission") has adopted revised competition law exemptions and guidance applicable to agreements in the vertical supply chain.
EU antitrust law prohibits certain...more
5/16/2022
/ Anti-Competitive ,
Antitrust Provisions ,
Competition ,
European Commission ,
Goods or Services ,
New Guidance ,
Regulatory Reform ,
Safe Harbors ,
Supply Chain ,
Vertical Agreement ,
Vertical Block Exemption Regulation (VBER)
The EU General Court ("GC") annulled the European Commission's €1.06 billion antitrust fine imposed on Intel in 2009 for allegedly abusing its dominant position in x86 Central Processing Units ("CPUs") by offering loyalty...more
1/27/2022
/ Abuse of Dominance ,
Anti-Competitive ,
Antitrust Investigations ,
Antitrust Provisions ,
Antitrust Violations ,
Corporate Counsel ,
Customer-Loyalty Programs ,
EU ,
European Commission ,
Intel ,
Technology Sector
The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission's €1.06 billion fine on Intel for abusing its dominant...more
9/21/2017
/ Abuse of Dominance ,
Anti-Competitive ,
Appeals ,
Burden of Proof ,
Competition Authorities ,
Corporate Counsel ,
Customer-Loyalty Programs ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Intel ,
Rebates ,
Treaty on the Functioning of the European Union (TFEU)
September 2017 What happened? Last week the European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position...more
9/11/2017
/ Abuse of Dominance ,
Anti-Competitive ,
Appeals ,
Court of Justice of the European Union (CJEU) ,
Customer-Loyalty Programs ,
European Commission ,
European Court of Justice (ECJ) ,
Exclusive Dealing Agreements ,
Intel ,
Pricing ,
Rebates ,
Set-Asides ,
Standard of Review