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