JUL-13(1)

There have been several recent interesting competition cases in the EU, and we asked a select group of contributors to opine on those they found intriguing. First, we have two diverse opinions on what appears to be a double standard in a CJEU decision on de minimus. Then we ask how the Commission can ask to be treated as two distinct entities, sometimes in a public and sometimes in a private competition enforcement role. We follow by diagnosing an OFT case of food frenzy and, finally, we get an update on the never-ending Pfizer case in Italy. Hope everyone is having a great summer!

Update: European Competition Case Law

Oana Stefan, Jul 15, 2013

Relying on EU Soft Law Before National Competition Authorities: Hope for the Best, Expect the Worst

When assessing the effects that EU soft law might have at the national level, the CJEU is reluctant to use similar arguments to those that it uses when admitting the effects of such instruments in EU enforcement settings. Oana Stefan (HEC Paris)

Cormac Little, Jul 15, 2013

EU Court Narrows Scope of the De Minimis Principle

The Expedia case, while in line with the CJEU’s recent jurisprudence both widening the scope and hardening its interpretation of Article 101, runs somewhat counter to the modern trend that has witnessed the increasing influence of economics on competition law enforcement policy. Cormac Little (William Fry – Dublin)

Ruchit Patel, Paul Stuart, Jul 15, 2013

Now the Commission Wants Compensation

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