The price-cost test in the Art 102 new draft guidelines: when and how to use it
The European Commission has published the long-awaited new draft Guidelines on the application of Article 102. The document provides clarification...
Generative AI Partnerships: Separating Good from Bad
Generative AI promises to reshape the digital world. Agreement is widespread that this technology will have a significant impact on...
The Road Becomes Clearer
The Commission provides initial clarifications on distortion and balancing tests. In a recent staff working paper, the Commission set out...
Quality: A game changer in market definition?
A key change in the recently published Market Definition Notice is the greater emphasis on non-price elements as relevant parameters...
Digital ecosystem mergers: a convenient lock-in?
The recent Booking/eTraveli merger investigation marked the first time the European Commission (the “Commission”) concluded that a merger was likely...
Compliance crunch time for the Digital Markets Act
While the EU Digital Markets Act (DMA) has been in force since November 2022, it is only now that we...
CK Telecom Judgement: Setting the standards
On 13 July, the Court of Justice of the European Union (the “CJEU”) delivered its long-awaited CK Telecoms judgement.[1] The...
Foreign subsidies regulation in the context of mergers: tracing the cause and effect
The Foreign Subsidies Regulation (“FSR”) seeks to address potential distortions caused by foreign subsidies on the internal market.[1] The underlying...
Clearing the air? What the revised horizontal guidelines say about quantifying the benefits of sustainability agreements
The European Commission maintains its framework for green collaboration On 1 June, the European Commission published the revised Guidelines...
Who moves first? The quest for clarity on how to assess sustainability agreements
A chicken-and-egg problem hinders the initiation of sustainability agreements Collaboration between companies can contribute to climate change goals set out...