prof. Richard Whish – overview of the latest developments in EU competition law in the period from 1 March 2022 to 6 March 2023 - SPK

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SPK News prof. Richard Whish – overview of the latest developments in EU competition law in the period from 1 March 2022 to 6 March 2023

prof. Richard Whish – overview of the latest developments in EU competition law in the period from 1 March 2022 to 6 March 2023

On March 7, 2023, the Competition Law Association held an online workshop at which Prof. Richard Whish – Emeritus Professor of Law at King’s College London, QC Honoris Causa, former OFT director, and author of countless competition law publications – reviewed the latest developments in EU competition law for the period from March 1, 2022 to March 6, 2023. 

Prof. Whish discussed pending Article 101 TfEU horizontal and vertical cases before the Commission, cartel decisions as well as General Court and Court of Justice judgments, pending Article 102 cases TfEU before the Commission and General Court and Court of Justice judgments.  In respect of practice and procedure, he commented on General Court and Court of Justice judgments and the Commission’s commitment decisions, Commission consultations, new Commission Guidelines, as well as freshly completed and pending legislative and procedural initiatives.  We also briefly went through pending Article 267 TfEU references.  In the merger control area Prof. Whish touched on recent and current Phase II investigations and judgments of the General Court and the Commission’s consultation on simplification measures for EU merger control.

The C C449/21 Towercast v Autorité de la Concurrence, C-680/20 Unilever Italia Mkt. Operations Srl v AGCM, and C-252/21 Facebook v Bundeskartellamt cases drew the participants’ attention and elicited their questions.  Participants also discussed possible reasons for the marked increase in abuse of dominance cases, the limits of the usefulness of relevant market definitions in antitrust analysis in the context of the Commission’s consultation on the new Market Definition Notice, and appeals regarding search procedures.

Prof. Whish promised to return to us next year with a new review of EU competition law developments.