This paper deals with the fundamental procedural rights of companies that are targeted in the enforcement of Articles 101 and 102 TFEU by the European Commission or the competition authorities of the EU Member States. The paper first provides a (non-exhaustive) list of such rights as applicable...

The paper discusses the Court of Justice preliminary ruling in Vantaan v Skanska Industrial Solutions (C-724/17). The judgment of the European Court of Justice picks up upon three major questions, which are of the highest importance for the private enforcement of competition law in Europe: 1....

This timely book, with contributions from prominent experts including Luis Ortiz Blanco, Valentine Korah, Ernst-Joachim Mestmäcker, Catherine Prieto, Lorenzo F. Pace and Richard Whish and edited by Lorenzo F. Pace, examines the novel aspects of the 2009 Guidance on Article 102. They present a...

The use of soft law instruments is pervasive in the field of EU competition policy. This poses significant legal challenges derived from the progressive ‘hardening’ of these regulatory tools by the European Courts as a result of the application of the general principles of EU law. The...

The co-legislators adopted the Digital Markets Act (DMA) in July 2022. The text is landmark legislation that imposes a list of ex-ante obligations and interdictions on large online platforms acting as “gatekeepers” in some core platform services (CPS). Yet, the DMA also imposes an obligation...

We are in the midst of an undeniable trend towards servitization, i.e. the provision of goods as services. While this process can serve laudable goals (e.g. sustainability), it can also be used to circumvent the competition law framework on vertical agreements. To show how, we examine three...

The debate on the regulation of minority shareholdings as a type of “structural link” between competing undertakings is not a new one in the sphere of EU competition law. As a matter of policy, the incomplete and rather divisive treatment of minority shareholdings under the current EU merger...

This paper discusses how the protection of fundamental rights has become an issue in European Antitrust Law especially with reference to the parent-subsidiary relationship and the so-called AEG Telefunken presumption

This paper contains my contribution to the panel "Competition authorities: Towards more independence and prioritisation?" at the 8th International Concurrences Review Conference "New Frontiers of Antitrust" (Paris, 26 June 2017). It focuses in particular on the European Commission's 'ECN'...

Both anti-corruption law and anti-trust law aim to create a level playing field and they are complementary to each other in support of this aim. Given the indispensable nature of both fields in terms of reaching social welfare, it is striking how differently society reacts to the breaching...