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…

The European Commission has declared its intention to devote more resources in 2017 to investigating and rectifying what it sees as the endemic competition problems in the European rail sector.  It believes that it now needs to prioritise the enforcement of the antitrust, State aid and regulatory rules and obligations in the rail sector through…

By Falk Schöning, Partner, and Peter Citron, Counsel, Hogan Lovells Online sales are not only attracting the attention of consumers and tech businesses, but also increased review by antitrust regulators. On 15 September 2016, the European Commission published a detailed 290 page preliminary report on its e-commerce sector inquiry. While commenting on the release of the report, EU…

On 9 July 2015, the Court of Justice of the European Union (“ECJ”) issued an important judgment1)Case C-231/14P – InnoLux v European Commission, judgment of 9 July 2015. concerning the basis on which cartel fines by the European Commission should be calculated for vertically integrated companies. The judgment endorses the power of the European Commission…

The Court of Justice of the European Union has now delivered its judgment in the Deutsche Bahn1)Case C-583/13P – Deutsche Bahn and others v European Commission, judgment of 18 June 2015. case. This case concerns important practical principles which govern the conduct of European Commission dawn raids (on-the-spot surprise inspections used to investigate possible infringements…

Earlier this month, Advocate General Wahl delivered his opinion in the Deutsche Bahn1)Case C-583/13P – Deutsche Bahn and others v European Commission (ECLI:EU:C:2014:2365), Opinion of Advocate General Wahl, 12 February 2015. case. This case concerns important practical principles which govern the conduct of European Commission dawn raids (on-the-spot surprise inspections used to investigate possible infringements…

On 5 December, the European Commission published a package of measures to reduce the administrative burden of EU merger control, which will apply as of 1 January 2014. The package extends the scope of the simplified procedure for non-problematic cases. This means that more transactions may be notified using the Short Form CO, which will…

On 26 September 2013, the Court of Justice of the European Union (“CJEU”) issued two important judgments (Case C-172/12 P, El du Pont de Nemours and Others v Commission and Case C-179/12 P, Dow Chemical v Commission) in which it confirms that a parent company can be held liable and fined by the European Commission…

Last week, the European Commission published on its website a revised explanatory note on how it conducts on-the-spot inspections of business premises where it suspects a company has breached competition law (so-called “dawn raids”). During a dawn raid the European Commission has the power to examine and copy not just hard copies of business records,…

The EU’s General Court issued on 14 November two important judgments regarding the extent of the European Commission’s powers to dawn raid companies for suspected competition law infringements (Case T-135/09 Nexans v Commission and Case T-140/09 Prysmian v Commission). The Court held that the European Commission must precisely delimit the products concerned by a dawn…