Recent Developments in EU Merger Control: 1 September 2010-31 August 2011

During the period covered, there has been a marked increase in the number of Phase II investigations and a concomitant decrease in the number of Phase I clearances with commitments.Significant issues such as parallel mergers, minority shareholdings, [...]

The Application of EU Competition Law in the Energy Sector

The centre of gravity of EU competition law enforcement in the energy sector has shifted from the European Commission towards national competition authorities, which are following the lead set by the Commission over the last couple of years while also [...]



June–September 2011

Editorial of the New SGEI Package

Protecting the Environment Without Distorting Competition

Distortion of competition is often at the core of environmental regulation. In some cases, this is a necessary price to pay, since regulation has to favor certain industries or production techniques at the expense of others. However, stressing [...]



Competition Law in Regulated Industries: On the Case and Scope for Intervention

In recent years, competition authorities have applied general competition rules in regulated industries, in addition to or instead of the regulation there in force.This raises issues as the two sets of rules are not necessarily identical and the [...]

Copyright Owners Cannot Require Satellite Broadcasters to Impose Territorial Restrictions on the Use of Decoder Cards

The Grand Chamber of the European Court of Justice has held that it is anticompetitive for the Football Association Premier League (FAPL), when licensing the broadcasting of football matches by satellite, to require its licensees not to supply decoder [...]

Massive State Aid to Anglo Irish Bank, Small Distortions of Competition

The aid granted by the Irish State to Anglo Irish Bank was approved under European State aid rules as it did not distort competition with the exit of the bank from the market, but the case illustrates that a more active prudential control is needed to [...]

New French Fining Notice–The Price to Pay for Transparency?

Since last May, the French Competition Authority is endowed with fining guidelines combining provisions of the corresponding European Guidelines and considerations of its own.The Notice lays down a two-step method—basic amount adjusted on an [...]

The Morgan Stanley/Visa Saga: How does Economics help Address Double-Sided Markets

In Morgan Stanley/Visa, the Commission compelled the later company to open its payment system to the former.In economics, the case raised questions dealt with under the ‘double-sided market’ theory.Apparently, that theory was not used by [...]