49 results Data Privacy Day 2023: highlighting the most impactful ECJ judgments from the past year In recent years, the ECJ has issued landmark judgments with far-yielding consequences for data controllers and data processors. To celebrate Data Privacy Day 2023, we highlighted the most impactful judgments of the ECJ from the past year. Abuse: an access request you can’t refuse? The European Court of Justice has confirmed that the essential facilities test is limited to ‘pure’ access cases. Infringement of a regulatory access obligation must be assessed under the general framework for abuse of dominance. Competition law developments in 2022 While 2022 revolved around new and improved regulatory tools, the focus in 2023 will be on putting these tools to use. More merger-related obligations, digital sector scrutiny and clarity on competition-law and consumer-law aspects is imminent. Developments in DMA land: EU tags Big Tech as first Gatekeepers The European Commission has designated six Tech Giants (Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft) as gatekeepers for 22 core platform services under the Digital Markets Act (DMA). Competition law in 2024: putting theory into practice 2023 marked the near finale of the European Commission’s overhaul of its competition policy, leaving only a few loose ends to tie up in 2024/2025. It is now time to watch theory be put into practice by the competition authorities and at the courts. Digital Law Up(to)date: European Parliament violates several provisions of the GDPR for EU Institutions On 5 January 2022, the EDPS issued a reprimand to the European Parliament for non-compliance with several provisions of the GDPR for EU Institutions and ordered it to update its data protection notices of an internal corona testing website. 2022: the big reveal of 2021’s competition law promises 2021 was riddled with sneak previews of a “review of competition policy tools with unprecedented scope and ambition”. Gun jumping: beware, the Commission will take action The Commission has imposed interim measures on Illumina and GRAIL. These measures include the obligation to run GRAIL by independent management. Back to the future – Commission publishes roadmap for green and digital challenges The Commission’s Communication “A competition policy fit for new challenges” (the “Communication”) identifies key areas in which competition law and policy can support European efforts in dealing with the challenges of the green and digital transitions. ECJ: private enforcement in aviation sector also a national court's game Recently, the ECJ ruled that national courts dealing with private enforcement cases are competent to apply EU competition law to historical behaviour in the aviation sector. Dominant firm may refuse to supply retailer after initial delivery The Brussels Court of Appeal has held that a dominant producer firm may have valid reasons to refuse further supplies to a retailer, despite its dominance and despite previous deliveries. Google Shopping: self-preferencing is a form of abuse of dominance On 10 November 2021, the General Court (GC) almost entirely dismissed Google’s action against the European Commission’s Google Shopping decision. Stibbe advises Forum Estates A team of Stibbe’s Real Estate Transaction Group in Amsterdam advised Belgian real estate fund Forum Estates with the acquisition of three grocery stores (4,300m2) in The Netherlands. Slovak Telekom: ECJ on essentials of the ‘essential facilities’ doctrine Only dominant companies with a “genuinely tight grip” on the market can be forced to grant rivals access to their infrastructure. Game on for gatekeepers: Digital Markets Act finalised Now that political agreement has been reached on the final text, the Digital Markets Act (DMA) will enter into force soon. The DMA’s ex ante rules and obligations will apply next to the ad hoc EU and national competition rules. Digital Law Up(to)date: The use of the free version of Google Analytics violates the GDPR The Datenschutzbehörde, the Austrian Data Protection Authority (DPA), found that the use of the free version of Google Analytics violated some provisions of the GDPR, and specifically the rules on international data transfers. Navigating access refusals after the ECJ’s Google Android Auto-ruling Big Tech faces challenges when denying third parties access to its open platforms. The European Court of Justice has ruled that a dominant company’s refusal to make its open platform compatible with a third-party app may be abusive. Taking initiative: ACM catches transaction ahead of new powers M&A transactions falling below the merger notification thresholds are not necessarily exempt from scrutiny. Companies should therefore carefully assess the potential competitive impact of their transactions, as the ACM has proven to be vigilant. Pagination Current page 1 Page 2 Page 3 Next page
Data Privacy Day 2023: highlighting the most impactful ECJ judgments from the past year In recent years, the ECJ has issued landmark judgments with far-yielding consequences for data controllers and data processors. To celebrate Data Privacy Day 2023, we highlighted the most impactful judgments of the ECJ from the past year.
Abuse: an access request you can’t refuse? The European Court of Justice has confirmed that the essential facilities test is limited to ‘pure’ access cases. Infringement of a regulatory access obligation must be assessed under the general framework for abuse of dominance.
Competition law developments in 2022 While 2022 revolved around new and improved regulatory tools, the focus in 2023 will be on putting these tools to use. More merger-related obligations, digital sector scrutiny and clarity on competition-law and consumer-law aspects is imminent.
Developments in DMA land: EU tags Big Tech as first Gatekeepers The European Commission has designated six Tech Giants (Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft) as gatekeepers for 22 core platform services under the Digital Markets Act (DMA).
Competition law in 2024: putting theory into practice 2023 marked the near finale of the European Commission’s overhaul of its competition policy, leaving only a few loose ends to tie up in 2024/2025. It is now time to watch theory be put into practice by the competition authorities and at the courts.
Digital Law Up(to)date: European Parliament violates several provisions of the GDPR for EU Institutions On 5 January 2022, the EDPS issued a reprimand to the European Parliament for non-compliance with several provisions of the GDPR for EU Institutions and ordered it to update its data protection notices of an internal corona testing website.
2022: the big reveal of 2021’s competition law promises 2021 was riddled with sneak previews of a “review of competition policy tools with unprecedented scope and ambition”.
Gun jumping: beware, the Commission will take action The Commission has imposed interim measures on Illumina and GRAIL. These measures include the obligation to run GRAIL by independent management.
Back to the future – Commission publishes roadmap for green and digital challenges The Commission’s Communication “A competition policy fit for new challenges” (the “Communication”) identifies key areas in which competition law and policy can support European efforts in dealing with the challenges of the green and digital transitions.
ECJ: private enforcement in aviation sector also a national court's game Recently, the ECJ ruled that national courts dealing with private enforcement cases are competent to apply EU competition law to historical behaviour in the aviation sector.
Dominant firm may refuse to supply retailer after initial delivery The Brussels Court of Appeal has held that a dominant producer firm may have valid reasons to refuse further supplies to a retailer, despite its dominance and despite previous deliveries.
Google Shopping: self-preferencing is a form of abuse of dominance On 10 November 2021, the General Court (GC) almost entirely dismissed Google’s action against the European Commission’s Google Shopping decision.
Stibbe advises Forum Estates A team of Stibbe’s Real Estate Transaction Group in Amsterdam advised Belgian real estate fund Forum Estates with the acquisition of three grocery stores (4,300m2) in The Netherlands.
Slovak Telekom: ECJ on essentials of the ‘essential facilities’ doctrine Only dominant companies with a “genuinely tight grip” on the market can be forced to grant rivals access to their infrastructure.
Game on for gatekeepers: Digital Markets Act finalised Now that political agreement has been reached on the final text, the Digital Markets Act (DMA) will enter into force soon. The DMA’s ex ante rules and obligations will apply next to the ad hoc EU and national competition rules.
Digital Law Up(to)date: The use of the free version of Google Analytics violates the GDPR The Datenschutzbehörde, the Austrian Data Protection Authority (DPA), found that the use of the free version of Google Analytics violated some provisions of the GDPR, and specifically the rules on international data transfers.
Navigating access refusals after the ECJ’s Google Android Auto-ruling Big Tech faces challenges when denying third parties access to its open platforms. The European Court of Justice has ruled that a dominant company’s refusal to make its open platform compatible with a third-party app may be abusive.
Taking initiative: ACM catches transaction ahead of new powers M&A transactions falling below the merger notification thresholds are not necessarily exempt from scrutiny. Companies should therefore carefully assess the potential competitive impact of their transactions, as the ACM has proven to be vigilant.