Advanced Microprocessor Devices v Intel promises to be the next US landmark on exclusionary behaviour by monopolists, rivalling Microsoft in importance and interest.
The Commission’s efforts to provide analytical guidance on the complex issues surrounding the law on refusal to deal merit cautious welcome
The exact circumstances in which article 82 imposes on a dominant firm a duty to deal have always been the subject of some controversy.
If the ECJ follows Advocate General Kokott’s opinion in British Airways, dominant companies will have to be cautious about rebate schemes
Late in 2003, the Court of First Instance upheld two Commission decisions in which two very different companies were held to have breached EC competition rules by offering unlawful fidelity rebates.
The ECJ has dismissed an appeal by the football agent, Laurent Piau.
The third article in our series on the DG Competition draft guidelines
Much of the focus on predatory pricing in European competition law over the last 15 years has been on cost benchmarks.
The Scandlines decision
Whether as a matter of law or simply as a matter of good practice, dominant undertakings in the EU should be able to demonstrate accurately the source and nature of the costs for each of their products/services, and the relationship the price has with those costs.
Postcomm has said that Royal Mail should make its postcode address file more accessible.
The first in a new series of articles on the DG Competition draft guidelines on article 82 focuses on exclusionary abuses
The Commission published its draft guidelines on the interpretation of article 82 EC, on abuse of dominant positions, in December 2005.
The European Commission has issued a statement of objections against Microsoft for its failure to comply with obligations under a Commission ruling of March 2004.
The Claymore case highlights the dangers of an incomplete investigation
The recent judgment of the UK Competition Appeal Tribunal to set aside the UK Office of Fair Trading’s decision in Claymore Dairies Ltd /Arla Foods UK plc v OFT (supported by Robert Wiseman Dairies plc and Robert Wiseman and Sons Ltd) again highlights the need for regulators to be comprehensive, precise and robust when considering the available evidence in a case before making up their minds whether to uphold or dismiss a complaint about anticompetitive behaviour.
The Fenin saga still has some way to run
An advocate general’s opinion published earlier this month raises important questions about how state autonomy and the competition rules interact.
The French competition authority (conseil de la concurrence) has fined France Télécom (FT) €80m for abuse of its dominant position in the wholesale ADSL internet market.
The Competition Appeal Tribunal gets tough with pharmaceutical producer Genzyme
The Genzyme case centred on the pharmaceutical company’s supply of a drug called Cerezyme, which, until recently, was the only treatment for Gaucher disease, a rare inherited disorder.
Combining legal certainty and an economic ef fect-based approach
“That which is a law today is none tomorrow.” Such is the way the English philosopher, Robert Burton, conceived the legal order at the beginning of the 17th century.