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EU Competition Law Briefings

Webinar series

06 November 2020, 14:00 - 15:00
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The EU Competition Law Briefings have been created to provide a platform for our clients and other competition law experts to stay up to date on the developments of EU Competition Law. 

Every month CMS competition experts will present a recent case by the EU Commission or Community Courts during a one-hour-long webinar.


European Commission Dawn Raids: the General Court’s judgments in the French supermarket cases

Date: 6 November, 2:00pm-3:00pm CET

Presenter: Edmon Oude Elferink

Edmon Oude Elferink will present on the judgments of the General Court in the French supermarket cases of 5 October 2020 (T-249/17, T-254/17 and T-255/17).

These judgments are relevant since the General Court considered that the Commission’s dawn raids in 2017 were lawful to the extent that the Commission had enough evidence to suspect information sharing over discounts obtained in the supply of consumer products and charges for services to the producers of branded-products. But the Commission did not have sufficiently strong evidence to suspect exchanges of information concerning the future commercial strategies of the French supermarkets. This is why the General Court partially annulled the inspection decisions of the Commission.

The General Court addresses a number of interesting questions, for instance on the interplay between the Commission’s investigatory powers and the protection of the employees’ data in accordance with (what is now) the GDPR. It also considers that interviews with third parties (suppliers) conducted by the Commission before the formal opening of the investigation are capable of being evidence, even if they are not recorded.

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Facebook vs. Bundeskartellamt

Kai Neuhaus presented on the German Federal Civil Supreme Court’s decision in Facebook vs. Bundeskartellamt.

This is seen as a landmark decision since it establishes new concepts on the interplay between competition law and data privacy law. In addition, it provides for interesting details on the concept of “abusive practices”.

Presenter: Kai Neuhaus

Download presentation slides for this webinar here.

The EU Legislator at work

The EU Commission is unusually active and currently working in parallel on a high number of legal projects to renew EU Competition Law rules.

To help you keep track, this EU Competition Law Briefing will discuss the most important legal initiatives at the EU level.

We will provide an update on the current state of play and potential outcome of the following projects:

  • Market definition notice, presenter: Björn Herbers
  • Rules for horizontal restraints (HBER/guidelines), presenter: Michael Bauer
  • Territorial supply constraints, presenter: Michael Bauer
  • Rules for vertical restraints (VBER/guidelines), presenter: Małgorzata Urbańska
  • New competition tool, presenter: Edmon Oude Elferink
  • Foreign subsidies, presenter: Kai Neuhaus
  • Internet of Things “IOT” sector inquiry, presenter: Siobhan Kahmann
  • Digital Services Act, presenter: Dirk van Liedekerke
Download presentation slides for this webinar here.

Apple state aid case

On 14 July 2020, the EU General Court annulled the European Commission’s state aid decision against Ireland ordering the country to request EUR 13 billion back in taxes from Apple.

The Court held that the Commission failed to demonstrate that Apple had benefited from a selective economic advantage in the tax rulings issued by Ireland.

Presenter: Annabelle Lepiece

General Court’s decision in CK Hutchison v European Commission

This landmark case marks the first ever decision by the Community Courts on the application of the SIEC (significance impediment to effective competition) test outside of traditional market dominance scenarios, so-called gap cases.

In 2016 the Commission blocked the takeover of O2, Telefónica’s UK mobile operator, by CK Hutchison. The Commission argued that the reduction from four to three competitors in the UK would have likely led to an increase in prices for mobile telephony services and a restriction of choice for consumers. The General Court now found that the Commission’s analysis had been vitiated by several errors of law and of assessment and annulled the decision.

Presenter: Björn Herbers

Judgment of the Court of 2 April 2020 (Case C-228/18)

This judgement concerned the card payment systems, the interbank agreement fixing the level of interchange fees and the interesting legal issue of restrictions ‘by object’ and ‘by effect’.

Presenter: Annemieke Hazelhoff

We also encourage you to check the CMS Expert Guide to competition law during coronavirus crisis and CMS Expert Guide to state aid in the EU during coronavirus crisis in which you will find an useful overview of competition law changes and state aid rules during COVID-19 crisis in over 20 jurisdictions.

Please also check CMS International Competition & EU expertise page and CMS Law-Now for more updates on competition law.

  • 06 November


Dr. Björn Herbers
Dr. Björn Herbers, M.B.L.
Brussels - EU Law Office
Edmon Oude Elferink
Michael Bauer
Dr. Michael Bauer
Brussels - EU Law Office
Picture of Malgorzata Urbanska
Małgorzata Urbańska
Kai Neuhaus, LL.M.
Brussels - EU Law Office
Siobhan Kahmann
Of Counsel
Brussels - EU Law Office
Dirk Van Liedekerke
Dirk Van Liedekerke
Picture of Annabelle Lepièce
Annabelle Lepièce
Picture of Annemieke Hazelhoff
Annemieke Hazelhoff
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