The jurisprudence on the free movement of goods provides a fascinating field where tensions between Member States and the European Union can be monitored as regards their respective competence and the use they make of them. In a first period, the Court of justice adopted a resolute approach...

Proponents of a ‘more economic approach’ (MEA) to EU competition law criticise the case law on abuse of dominance as overly form-based – i.e. as being built on categorizations rather than case-specific assessments of actual competitive effects. While the Commission has largely accepted...

The “Lemaire Act” for a Digital Republic, dated October 7, 2016, establishes two new default principles with respect to government data and public court opinions - with the enactment of the Lemaire Act this information will now by default be made public in France. The creation of this...

The growth of e-commerce in any jurisdiction cannot be divorced from the confidence of consumers in the system. Lack of confidence in the system can be directly related to ambiguity surrounding consumer rights, where there is a perceived lacuna in the law. To boost confidence in the system,...

The European Commission’s General Data Protection Regulation (GDPR) encompasses perhaps the most monumental pan-European regulation in the last decade and may well become a de facto world standard. The regulation is described as a means to regulate the processing of personal data, the...

The referendum on the exit of the United Kingdom from the European Union (“Brexit”) occurred on 23 June, 2016, represented one of the most significant economic and political event of 2016. As it may be easily seen, Brexit vote led to a situation of uncertainty about, among other things, the...

In spite of the ASEAN goal of harmonising national competition policies and laws, the ASEAN Member States (AMSs) adopt an array of different approaches towards a number of procedural and substantive competition law issues, including the substantive appraisal of vertical agreements. The question...

This paper focuses on the application of EU competition law to regulated network industries. It does so by discussing the 2015 ruling of the General Court in the Orange Polska case, which confirmed the imposition of a fine of over EUR 127 million on the Polish incumbent for engaging in a...

The Digital Markets Act (“DMA”) will soon become part of EU law. Clearly, the DMA will not apply in a vacuum; instead, it is meant to complement national and EU rules that establish obligations for gatekeeper platforms. The text of the DMA states that the Regulation will apply “without...