This paper aims to analyse some of the main economic, legal and institutional factors that will have been relevant in the formulation of the State aid provisions in the Withdrawal Agreement (and the White Paper previously submitted by the UK Government). It compares these provisions with other...

One of the important aspects of AG Wahl's Opinion in Intel is the emphasis it places on the value of realism and consistency in law-making. Legal certainty cannot be meaningfully achieved if these two factors are ignored. The Opinion explains that the presumption of unlawfulness of exclusive...

This piece presents systematically the contributions that the EU courts have made to the understanding of the notion of restriction of competition over the years. It examines, first, the issues around which there is consensus among commentators. It is undisputed, for instance, that a restriction...

• In Post Danmark II, the Court held that, in the context of Article 102 TFEU, it is not necessary to show that an anticompetitive effect is of a ‘serious' or ‘appreciable' nature to apply that provision.• In this context, the notion of ‘appreciability' must be distinguished from that...

This chapter considers the boundaries of the notion of abuse of dominance (broadly conceived) from a comparative standpoint (in particular, by reference to the EU and US systems). It shows, first, that it is not possible to meaningfully distinguish between inherently ‘improper’ and valid...

The 2009 decision of the EU Commission imposing a €1.06 billion fine on Intel, and the subsequent judgment of the General Court (GC) upholding the decision have sparked an intense debate as to the way Article 102 TFEU should be applied. This On-Topic adds to the fervent discussion with...

This paper considers the proposal for a Digital Markets Act. The single most notable aspect of the draft legislation is that it would give the European Commission substantial leewway to restructure, in the name of fairness and contestability, ecosystems and business models in the digital arena....

Restrictions aimed at limiting cross-border trade within the EU are prima facie unlawful, irrespective of their effects, under Articles 101 and 102 TFEU. The strict legal treatment of these practices is a function of the place and role of competition law in the Treaties. It is clear from the...