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ECJ Antitrust Ruling Not Likely to Jump-Start EC Deal Challenges in "Gap Cases"

In Short - The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in...more

Towards a Less Effects-Based Approach? European Commission Takes Action to Amend EU Framework on Exclusionary Abuses of Dominance

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

Digital Markets Act: European Union Adopts New "Competition" Regulations for Certain Digital Platforms

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

European Commission Issues Draft Antitrust Rules on Vertical Supply Chain Agreements

The Background: The European Commission ("Commission") recently unveiled long-awaited draft revisions to its Vertical Block Exemption Regulation ("VBER") and Vertical Guidelines. The VBER includes safe harbors that exempt...more

European Commission Considers Expanding Investigative and Regulatory Authority in Digital Sector

The European Commission recently launched two consultations that would expand its investigative powers and establish regulations for digital platforms. The Commission intends to close perceived gaps in its authority to remedy...more

Institutional Investor Shareholdings Come Under European Commission Scrutiny

The Situation: A recent study examining common corporate shareholdings in the United States argues that the holding of even minority stakes in rival companies by institutional investors affects competition. The European...more

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