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Towards a Less Effects-Based Approach? European Commission Takes Action to Amend EU Framework on Exclusionary Abuses of Dominance

In Short - The Situation: On 27 March 2023, the European Commission ("Commission") published a Communication amending its 2008 Guidance on enforcement priorities concerning exclusionary abuses ("amended 2008 Guidance...more

Unfair Data Protection Practices May Constitute an Abuse of Market Power

The Situation: An investigation launched in 2016 by the German competition authority was meant to determine if Facebook was abusing its market position with its imposition of "misleading" data protection policies. The...more

European General Court Rules (again) on Mandatory Access and Interoperability in Software Industry

The Ruling: A recent European General Court decision provided valuable guidance on applying abuse of dominance rules (Article 102 TFEU) in the context of software products and provided some welcome clarifications regarding...more

European Commission Launches Competition Law Anonymous Whistleblower Tool

The European Commission has introduced a new tool to encourage individuals to disclose anticompetitive conduct on an anonymous basis. Individuals are invited to supply inside knowledge to help the Commission uncover cartels...more

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