Weiter zum Inhalt

Die Suche erzielte 28 Treffer.

The Theory of Economic Unit and the ‘Downward’ Liability of Subsidiaries for the Sins of Their Parent Companies: Better Not! (C-882/19 Sumal) Journal Artikel

Catarina Vieira Peres de Fraipont, Inês Neves

European Competition and Regulatory Law Review, Jahrgang 6 (2022), Ausgabe 1, Seite 98 - 103

Case C‑882/19 Sumal, S.L. v Mercedes Benz Trucks España, S.L., Judgment of the Court (Grand Chamber) of 6 October 2021 By judgment of 6 October 2021, in the Sumal case, the Court of Justice ruled that the victim of an anticompetitive infringement may bring an action for damages, either against a parent company who has been addressed by an infringement decision of the European Commission, or against a subsidiary which is not referred to in that decision. In order to do so, those two entities have to be part of the same economic unit and there has to be a specific link between the economic activity of that subsidiary and the subject matter of the infringement for which the parent company was held to be responsible.

Effective Competition in Digital Platform Markets: Journal Artikel

Legislative and Enforcement Trends in the EU and the US

Joseph Antel, Ciara Barbu-O’Connor, John Carroll, Katie Daw, Robert Klotz

European Competition and Regulatory Law Review, Jahrgang 6 (2022), Ausgabe 1, Seite 35 - 55

Efforts to tackle the increasing market power of data driven platforms are taking a new turn. So far, the European Union has been more aggressive and creative than the United States, notably with severe antitrust enforcement action. However, there is a perceived enforcement gap in platform markets, due to increased concentration, rising profit margins, declining market entry and low investment compared to profits, according to many. With the European Commission proposing the Digital Markets Act and the US ramping up on a number of fronts with an intensified interest in Big Tech and a political climate favourable to an emerging legislative consensus for targeted antitrust law reforms in this field, we are on the verge of new rules to bridge this gap more effectively. This article sheds light on the current developments in the EU and the US, as a basis for the juxtaposition of both approaches and attempt to draw conclusions for future debate. Keywords: digital platforms, antitrust enforcement, upfront regulation, Digital Markets Act, gatekeepers, global convergence and cooperation

Private Enforcement of Competition Law in Regulated Industries: Journal Artikel

Can Railway Undertakings Recover Excessive Railway Infrastructure Charges Under Article 102 TFEU?

Heike Schweitzer

European Competition and Regulatory Law Review, Jahrgang 6 (2022), Ausgabe 1, Seite 4 - 16

In DB Station & Service AG, the CJEU will have to decide on the relationship between EU regulatory law – namely Directive 2001/14 – that strives to concentrate decisions on the lawfulness of infrastructure access charges with the regulatory authority, and private damage claims based on a concurrent violation of Article 102 TFEU. The referring court – the KG Berlin – proposes that national civil courts may only award competition law damages once the regulatory authority has established the illegality of the charges under regulatory law. This article argues that the KG Berlin thereby misconceives the hierarchy of norms under EU law and fails to recognise the rights conferred upon individuals by the EU competition rules. Keywords: private enforcement, regulated industries, railways, infrastructure, Article 102 TFEU