Private antitrust litigation is now a reality in the EU and the implementation of the 2014 Directive on actions for damages from competition law infringements will further stimulate such litigation. In 2013, the Commission also adopted a Recommendation on Collective Redress, which takes the form...

In June 2014, the GCEU confirmed the Decision of the European Commission that condemned Intel for breaching Article 102 TFEU by adopting exclusive rebates and “naked restrictions”. This judgement, in which the GCEU considered that in line with Hoffman-La Roche loyalty rebates should be...

In its March 2016 Opinion in the Genentech case, Advocate General Wathelet raised the complex question of the standard of review that should be applied by domestic courts when asked to set aside or declare unenforceable arbitral awards on the ground that they breach EU competition rules, which...

This paper provides an overview of the efforts of the European Commission to identify and, when necessary, challenge anticompetitive behaviour with respect to standardization and the licensing of standardized technologies, as well as the case-law of the CJEU on the same subject. The paper starts...

Google, Apple, Facebook and Amazon (the “GAFAs”) have been slow to disrupt the financial services sector, but they are likely to do so in the coming years. The precise nature of the disruption and the appropriate regulatory response is not clear-cut, but the GAFAs’ advantages will stem...

Cross-border litigation over Standard Essential Patens (“SEPs”) entered into a new phase when the English courts decided in Unwired Planet v Huawei they have the power to set the terms of a global license within the context of national patent infringement proceedings. Unwired Planet appears...

In the past couple of years, several reports have concluded that a small number of large digital platforms act as gatekeepers in that they are necessary gateways between business users and their prospective customers. This allows these platforms to take advantage of the dependency of these...

Online advertising is what funds free online content. Since its birth in the 1990’s, it has evolved into a multi-billion-dollar industry. At the core of this industry lies the ability to identify and track users through various technical means, such as web cookies. Online tracking for...