Tag Archive | appreciable effect

Steady as Art 102 Goes …

Post Danmark

The Court handed down its judgment in Case C-23/14 Post Danmark today. The judgment itself is not particularly surprising, in that it largely follows previous judgments of the Court in earlier Art 102 cases. The main feature of note is what the Court didn’t do: it again declined an opportunity to either follow or discredit the so-called ‘more economic approach’ to the abuse of a dominant position. Read More…

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In Defense of the Intel Judgment

Intel

The judgment by the General Court, on 12 June 2104, in the Case T-286/09 Intel (ECLI:EU:T:2014:547) has been one of the most controversial in recent years. It it part of the ongoing debate in EU competition law between those who seek to introduce a ‘more economic’ approach to Art 102 TFEU and break away from the formalism they perceive in the Court’s jurisprudence, and those who see the Court’s existing case law as well grounded and effective, and see the more to a ‘more economic’ approach as being a move towards unnecessary uncertainty.

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A Glimpse Inside the ‘Object Box’

Open Box

Case C-67/13 P Groupement des Cartes Bancaires (CB) ECLI:EU:C:2014:2204

It’s not often that the Court of Justice gets to address one of the core concepts that underlie the antitrust prohibitions, but in Groupement des Cartes Bancaires the CJEU has taken its second opportunity to discuss the nature of Art 101 TFEU ‘object’ agreements in as many years. At the end of 2012, in Expedia, the Court discussed whether an ‘object’ agreement needed to have an ‘appreciable’ effect on competition. In Groupement des CB the CJEU gets to the heart of what it is that makes an agreement fall within the ‘object box’.

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Anti-Competitive Agreements: knowing your ‘object’ from your ‘appreciable’

In October 2012 Christopher Brown posted an interesting blog on AG Kokott’s opinion in Case C-226/11 Expedia. The full judgment was delivered on 13 December 2012 and it seems appropriate to look at whether the Court followed the same line; or whether there was an ‘appreciable’ difference.

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