News & Analysis as of

Abuse of Dominance Court of Justice of the European Union (CJEU) Treaty on the Functioning of the European Union (TFEU)

BCLP

Doing a deal as an abuse of dominance? The ECJ’s decision in Towercast

BCLP on

On 16 March 2023, the ECJ published its judgment in Towercast (C-449/21), confirming that Article 102 TFEU (which prohibits abuses of a dominant market position) may apply to transactions which fall below national and EU...more

Kramer Levin Naftalis & Frankel LLP

CJEU Towercast Judgment: The Prohibition of Abuse of a Dominant Position Allows Ex Post Control of Mergers

On March 16, in a preliminary ruling requested by the Paris Court of Appeal regarding Towercast’s appeal of the French Competition Authority’s decision in the TDF case, the Court of Justice of the European Union decided ...more

McDermott Will & Emery

European Competition Review 2022

McDermott Will & Emery on

In our super-connected age, we are inundated with information. It can be difficult to select what is really relevant to one’s business. The purpose of this Review is to provide legal counsel and their teams easy...more

BCLP

Court of Justice clarifies analysis required to determine if discriminatory pricing amounts to an abuse of dominance

BCLP on

The Court of Justice of the EU has confirmed that price discrimination by a dominant firm is not in itself illegal under competition law. However, it will infringe Article 102 TFEU if it is capable of distorting competition...more

A&O Shearman

Excessive Pricing, ‘Pay-For-Delay’ and Rebates: A New Era of Enforcement in the Pharmaceutical Industry

A&O Shearman on

The European Commission (EC) and other national competition authorities (NCAs) have traditionally shied away from investigating allegations of excessive pricing and appearing as price regulators. Commissioner Vestager warned...more

BCLP

When is pricing discriminatory?

BCLP on

We reported in January 2017 on how a Portuguese Court has asked the Court of Justice of the European Union (“CJEU”) to provide guidance on when “discriminatory pricing applied to equivalent transactions” amounts to an abuse...more

Skadden, Arps, Slate, Meagher & Flom LLP

Intel Ruling: General Court Failed to Examine All of Intel’s Arguments, Court of Justice Says

On September 6, 2017, the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a...more

Dechert LLP

EU Court Orders New Assessment of Intel's Rebates

Dechert LLP on

The Court of Justice of the European Union (CJEU) has quashed a ruling by the EU’s General Court which had upheld the European Commission’s (EC) 2009 finding of abuse of dominance by Intel Corporation Inc. Intel was fined...more

BCLP

Portugal asks European Court to determine what criteria are required for discriminatory pricing to be an abuse under Article 102...

BCLP on

A Portuguese Court has asked the European Court of Justice (ECJ) to provide guidance on when “discriminatory pricing applied to equivalent transactions” amounts to an abuse of a dominant positon under Article 102 (c) TFEU. ...more

Latham & Watkins LLP

Main Developments in Abuse of Dominance Enforcement

Latham & Watkins LLP on

Latham lawyers provide an overview of recent developments in case law and practice in the field of abuse of dominance in Europe. ...more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide