The Notion Of Abuse After The Android Judgment (Case T‑604/18): What Is Clearer And What Remains To Be Clarified (I)
By: Pablo Ibañez Colomo (Chillin’ Competition)
The Android judgment was widely awaited, not only because of its implications for the Commission’s policy, but because the underlying legal issues were intriguing and, in many respects, completely new. It was anything but a run-of-the-mill tying case.
In its decision, the Commission ventured where it does so only rarely: the core of a company’s business model. It did not question a peripheral aspect of the company’s strategy, but the central mechanism through which it appropriated the value generated by its activity.
In addition, there were some practices (such as the so-called AFA) for which there were no obvious precedents (at least not in the context of Article 102 TFEU enforcement).
The General Court’s ruling had thus the potential to clarify (and address for the first time) a number of issues. The impression one gets is that only some of them have definitely become clearer, and confirm the trend of the past few years. Others (perhaps the most novel and exciting ones) might require additional fine-tuning…
Featured News
Chamber of Commerce Sues to Overturn FTC Non-Compete Ban
Apr 24, 2024 by
CPI
FTC Chief Warns of Healthcare Price Fixing Risks Amid Tech Advancements
Apr 24, 2024 by
CPI
Amazon’s Investment in Anthropic Faces Antitrust Scrutiny
Apr 24, 2024 by
CPI
Italian Antitrust Authority Fines Amazon €10 Million for Unfair Trade Practices
Apr 24, 2024 by
CPI
Tuta Mail Raises Alarm Over Google Search Ranking Plunge Amidst DMA Rollout
Apr 24, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI