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The search returned 9 results.

Electronic Evidence in EU Competition Procedures: journal article

The Need to Reconcile the Commission’s Investigatory Powers with Procedural Defence and Data Protection Rights

Joana Fraga Nunes

European Competition and Regulatory Law Review, Volume 7 (2023), Issue 1, Page 29 - 43

Technological progress has led to globalised access to all types of information, and one’s digital traces are now everywhere. As such, electronic evidence has become an extremely important tool for investigations, yet it lacks a legal framework for its collection and processing. Specifically, the use of electronic evidence in EU competition procedures raises several legal challenges, considering i) the lack of a legal framework for the collection and processing of electronic evidence at the EU level, leading to legal uncertainty; ii) the absence of a harmonised EU procedural framework for the enforcement of EU competition law by Member States, resulting in varying levels of judicial protection and iii) the narrow application of defence and data protection rights in EU competition procedures in light of the said conflicting, but complementary, interests. Keywords: EU competition procedures; electronic evidence; defence rights; data protection rights

After 19 Years of Complete Oblivion, Are Interim Measures the European Commission’s New Panacea to Enforce Article 102 TFEU in the Digital Age? journal article

Richard Masquelier

European Competition and Regulatory Law Review, Volume 5 (2021), Issue 1, Page 24 - 35

Over the past few years, fast-moving markets have brought major concerns to competition law in the digital age: speedy solutions are needed to efficiently address situations in which companies become monopolistic after the market has tipped. One existing legal instrument emerged as a solid and plausible solution: the interim measures to prevent harm to competition while an investigation is on-going. The starting point of this paper finds its roots in the Commission’s decision to impose interim measures on Broadcom in 2019, after almost two decades of complete oblivion of this instrument. Two questions arise from this sudden awakening: why was it neglected by the Commission and should it be overhauled? This article delves back into the relevant case law and legislation to critically ascertain the qualities and flaws of interim measures in order to explain their possible revival. Through their respective application of the tool, as well as their variable desire to impose interim measures, national competition authorities have also shed an interesting light on this topic. Finally, it remains to be seen whether the recent Commission proposals for a Digital Market Act (DMA), which aims at preventing abusive conduct by digital gatekeepers with upfront obligations, will leave much space for such interim measures in the future. Keywords: interim measures; remedies; Article 102 TFEU; procedure; European Commission

Cross-border Mergers: journal article

A Missed Opportunity and Ways to Improve the Procedure

Mateusz Brzeziński

European Competition and Regulatory Law Review, Volume 3 (2019), Issue 3, Page 280 - 293

The freedom of establishment gives the opportunity to do business in any European Union Member State. To facilitate and improve this possibility, the EU legislator has adopted rules on cross-border mergers. Despite the growing popularity of cross-border mergers, conducting this type of merger, especially if it concerns a larger number of companies from different jurisdictions, is not an easy or quick process. This may be due to the fact that there are many obstacles to cross-border mergers. Although a cross-border merger requires a lot of organisational efforts and overcoming of many hurdles, companies that have decided to consolidate in accordance with the described mechanism might confirm that the economic benefits that can be achieved as a result are worth it. Keywords: Cross-border Mergers, Companies, High-Tech, Procedure

The Role of the Charter of Fundamental Rights of the European Union in Safeguarding the Administrative Procedure of EU Merger Control journal article

Vasiliki Fasoula

European Competition and Regulatory Law Review, Volume 2 (2018), Issue 3, Page 232 - 236

Case T-194/13 United Parcel Services, Inc v European Commission, Judgement of the General Court of 7 March 2017 Article 263 TFUE – Annulment of a Commission’s decision declaring a notified merger incompatible with the internal market and with the EEA agreement – postal services – Statement of Objections – econometric analysis – Charter of Fundamental Rights of the European Union - procedural irregularity – right to a fair and public hearing – rights of defence

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