News & Analysis as of

Member State Competition Authorities European Court of Justice (ECJ)

A&O Shearman

Review of below-threshold mergers creates uncertainty

A&O Shearman on

Antitrust authorities continue to use powers to review deals that fall below merger control filing thresholds. For merging parties this means uncertainty. It is crucial that the possibility of review – including a...more

BCLP

Formalism on the Chopping Bock - the ECJ’s judgment in Super Bock

BCLP on

The ECJ’s recent preliminary ruling in C-211/22 - Super Bock Bebidas (“Super Bock”) is significant for businesses and competition authorities. It is well-established that categorisation of conduct as a ‘by object’...more

McDermott Will & Emery

The Re-Awakening of a Once-Dormant Tool?

McDermott Will & Emery on

The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its...more

Jones Day

European Court Ruling May Reinvigorate Enforcement Against Excessive Pricing

Jones Day on

The Ruling: The European Court of Justice recently provided widely anticipated guidance on the concept of excessive pricing, clarifying the use of key legal criteria in identifying an excessive pricing abuse under Article 102...more

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