In recent years, the issue of subsidisation of companies active on the EU internal market by third states and the corresponding distortions have gained novel prominence. An imbalance becomes pertinent. Third country subsidies granted to undertakings active on the EU internal market would...

With the new Regulation on Foreign Subsidies distorting the Internal Market (FSR), the EU wants to close several gaps in its current toolbox, foster its new industrial strategy and create a level-playing field on its internal market, thereby increasing competition on the merits. Contrary to FDI...

The main issue that is still disrupting private enforcement of competition law is the calculation of damages. The 2014 Damages Directive contains some alleviations. Particularly Article 17(2) Damages Directive foresees a rebuttable presumption that cartels cause harm. Despite the clear statement...

This article aims to map out dispute settlement mechanisms for competition law provisions in Free Trade Agreements. After presenting the poor state of existing dispute settlement mechanisms for competition policy in FTAs, this article explains why a lack of such specific dispute resolution for...

This paper analyses the role of third parties in the enforcement of the Foreign Subsidy Regulation (FSR). It focuses on competitors, customers, and suppliers – market participants directly affected by distortive foreign subsidies – as a special form of third parties.Third parties might have...

Private enforcement of competition law through national courts is on the rise. The Damages Directive predefines, for the first time in continental Europe, means for disclosure of evidence in private actions for damages for the breach of competition law. This article elaborates that disclosure is...

This paper was presented at the 2019 Oxford Conference: Transplanting the EU Competition Framework – Trends and Challenges: Eastern Europe, https://www.law.ox.ac.uk/events/transplanting-eu-competition-framework-trends-and-challenges-eastern-europeThis paper assesses the procedural rules of...

The paper covers the envisaged transposition of the ECN+ Directive into Luxembourgish law. At the time of writing, Luxembourg has not yet transposed the Directive. The transposition is taking its due time because Luxembourg is using the occasion to completely reform its competition law and...

In Google Shopping, the General Court took a giant leap forward. Remarkably, it held that the general principle of equal treatment, as a general principle of EU law, applies in the context of Article 102 TFEU for dominant undertakings. Based on this finding, it reframed the European Commission...

This report deals with the growing extraterritorial application of statutes and regulations in European Union law. In that sense, it answers the question of if and to what extent EU law applies beyond the EU's territory. It assesses the legal instruments themselves and throws light on their...