The European Competition Commissioner Margrethe Vestager has emphasised two important developments for EU antitrust enforcement, which have emerged from technological advancements: The Commission is taking proactive steps to consider whether the increasing reliance on computers to handle business processes and decisions raises competition law issues.  One area of current concern is the use of algorithms, in…

In its recent VM Remonts judgment, the Court of Justice of the EU has confirmed the strict liability of companies for the anti-competitive behaviour of their employees, even if the employee was acting contrary to instructions of senior management. The Court also clarified under which conditions a company can be liable for the anti-competitive conduct…

A non-compete obligation which is imposed on the seller in the context of a M&A transaction can be permissible when it is ancillary to the transfer of the relevant business, that is, when it is directly related and necessary to the implementation of the deal. In order to enjoy the fruits of the purchase of…