Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 10 JANUARY 2011

VBB on Competition Law

Van Bael & Bellis
Van Bael & Bellis
Contributor
Van Bael & Bellis

Van Bael & Bellis

Van Bael & Bellis is a leading independent law firm headquartered in Brussels with offices in...

View firm profile
Explore more from Van Bael & Bellis

The OFT’s decision follows a judgment of the EU General Court of 6 July 2010 in which the Court found that Ryanair’s minority shareholding in Aer Lingus did not give rise to a situation of "control" for the purposes of EU merger control law and that the European Commission consequently did not have the power to require Ryanair to divest its minority shareholding (see, VBB on Competition Law, Volume 2010, No. 7).

BelgiumAntitrust/Competition Law
Author LinkedIn connections

HighlightS

MERGER CONTROL - Commission conditionally clears Syngenta's acquisition of Monsanto's sunflower seed business, following phase II investigation ■ French Competition Authority rejects complaint against certain pay TV exclusivity arrangements on grounds of previous merger clearance decision ■ UK Office of Fair Trading launches investigation into Ryanair's acquisition of a minority shareholding in Aer Lingus

CARTELS AND HORIZONTAL AGREEMENTS - Commission fines eleven air cargo carriers more than € 799 million for price-fixing cartel

VERTICAL AGREEMENTS - Paris Court of Appeal rules on termination of dealership contract for the sale of motor vehicles

INTELLECTUAL PROPERTY - ECJ rules that Canon may block unauthorised imports into the EU

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Must Meta Open WhatsApp To Competing AI Assistants?

The European Commission has imposed interim measures requiring Meta to restore third-party AI assistant access to WhatsApp's Business API, marking a significant enforcement action under Article 102 TFEU. This decision addresses Meta's alleged abuse of dominant position by excluding competing AI assistants while maintaining access only for its own Meta AI. The case raises critical questions about competition enforcement in emerging digital markets and whether early foreclosure effects can irreversibly streng
BelgiumAntitrust/Competition Law
Steptoe LLP
Steptoe LLP
Article

EU Article 102 Guidelines What Businesses Need To Know Now

The European Commission has adopted its first comprehensive Guidelines on exclusionary abuses of dominance under Article 102 TFEU, marking a significant evolution in EU competition law enforcement. Following a three-year consultation process, these Guidelines codify evolving case law while addressing concerns about enforcement thresholds and introducing notable changes including the reintroduction of a 40% market share benchmark, refined evidentiary presumptions, and expanded guidance on digital markets and
European UnionAntitrust/Competition Law
McDermott Will & Schulte
McDermott Will & Schulte
Article

EU General Court Upholds The Prohibition Of Booking/eTraveli

The EU General Court's landmark judgment in Booking Holdings v Commission marks a pivotal shift in merger control enforcement, validating the European Commission's authority to block conglomerate mergers based on ecosystem strengthening and market contestability concerns. This decision establishes that even marginal market share increases in adjacent markets can justify prohibition when they entrench dominance and reduce competitive dynamics.
European UnionAntitrust/Competition Law
WilmerHale
WilmerHale
Article

EU General Court Upholds First-Ever “Ecosystem” Merger Prohibition

The EU General Court has upheld the European Commission's prohibition of Booking's acquisition of Etraveli, marking the first judicial endorsement of an "ecosystem" theory of harm in merger control. This landmark ruling validates the EC's use of reverse leveraging and entrenchment theories, establishing that dominant firms can be blocked from acquiring assets in adjacent markets even where they lack dominance in the target's market. The decision has far-reaching implications for digital platform acquisition
European UnionAntitrust/Competition Law
A&O Shearman
A&O Shearman
Article

European Commission Opens First Formal Antitrust Investigation In The Medical Devices Sector

The European Commission has launched its first formal antitrust investigation in the medical devices sector, examining whether Align Technology may have abused its dominant position by restricting interoperability between its Invisalign clear aligners and competing intra-oral scanners. The investigation focuses on allegations that the company created a closed ecosystem, forcing dental professionals to purchase iTero scanners to access Invisalign products for their patients.
European UnionAntitrust/Competition Law
A&O Shearman
A&O Shearman
Article

European Commission – Statement Of Objections Issued In Construction Chemicals Cartel Investigation

The European Commission has issued Statements of Objections to construction chemicals manufacturers in France, Germany and Spain, along with three national trade associations, over suspected price coordination. The preliminary assessment suggests manufacturers coordinated future price increases for chemical additives and admixtures between 2021 and 2022 in response to rising raw material costs following the COVID-19 pandemic and Russia's war against Ukraine.
GlobalAntitrust/Competition Law
NAZALI Attorney Partnership
NAZALI Attorney Partnership