Case C-397/16, Acacia – the replica wheel deal [judgment 2017, ECLI:EU:C:2017:992]
By judgment of 20 December 2017 (ECLI:EU:C:2017:992) the Court ruled, in the words of the operative part: “1.
Tag
cartel law
21 case reports
Case C-212/16, DUK Versorgungswerk – against hiving-off public sector pensions without public notice
Can a public sector pension provider be awarded a contract without there having been an advert or a tendering procedure? Background There is a clinic in the German spa town of Bad Reichenhall. It used to be in the public sector and run by the ‘VBG’, the VBG Verwaltungs-Berufsgenossenschaft.…
Case C-230/16, Coty Germany – trade mark selective distributorship agreements and hardcore restrictions on competition [judgment 2017, ECLI:EU:C:2017:941]
On 6 December 2017 the Court ruled (ECLI:EU:C:2017:941) that a selective distribution system for luxury goods designed to preserve their prestige image is compatible with Article 101(1) TFEU, and that a clause prohibiting authorised retailers from selling…
Case C-671/15, APVE – How to grow a price-fixing cartel and weed out EU cartel law [judgment 2017, ECLI:EU:C:2017:860]
By judgment of 14 November 2017 (ECLI:EU:C:2017:860) the Grand Chamber held that practices of producer organisations and their associations escape Article 101 TFEU only where they remain strictly within the tasks the common market organisation assigns to…
Case C-526/15, Uber Belgium – facilitating a mobility service not a taxi service [order 2016, ECLI:EU:C:2016:830]
By order of 27 October 2016 (ECLI:EU:C:2016:830) the Court declared the Brussels commercial court's reference manifestly inadmissible for failure to set out the factual and legal context required by Article 94 of the Rules of Procedure.
Case C-536/15, Tele2 Nederland – Goodbye Belgian Operator! Our Dutch telephone directory data will not be supplied! [judgment 2017, ECLI:EU:C:2017:214]
By judgment of 15 March 2017 (ECLI:EU:C:2017:214) the Court ruled, in the words of the operative part: “1.
Case C-74/14, Eturas – computerised cartels and limits on price discounts [judgment 2016, ECLI:EU:C:2016:42]
On 21 January 2016 the Court ruled (ECLI:EU:C:2016:42) that travel agencies using a common booking platform can be presumed to participate in a concerted practice from the moment they knew of the administrator's message capping discounts — but the…
Case C-26/14, Beaudout Père et Fils – repeatedly thinking the social dialogue takes the biscuit
If the social partners agree to award an undertaking the exclusive right to administer an insurance scheme that benefits employees in a particular sector of the French economy, then does Article 56 TFEU’s transparency obligation apply before the relevant French Minister can declare the collective…
Case C-568/13, Data Medical Service – objecting to public bodies tendering for procurement contracts [judgment 2014, ECLI:EU:C:2014:2466]
By judgment of 18 December 2014 (ECLI:EU:C:2014:2466) the Court ruled, in the words of the operative part: “1.
Case C-30/14, Ryanair – grounding a go compare an airfare website [judgment 2015, ECLI:EU:C:2015:10]
By judgment of 15 January 2015 (ECLI:EU:C:2015:10) the Court held that the Database Directive does not apply to a database protected neither by copyright nor by the sui generis right, so its user-freedom guarantees (Articles 6, 8 and 15) do not override…
Case C-451/13, Gigaset – wanting joint and several liability for an EU cartel law fine
When the EU Commission imposes a fine on a cartel but does not apportion how much each company should pay, then is it a matter for national law whether and how that fine is paid between the individual members of the cartel? Or if it is a matter of EU law, then does EU law contain provisions as to…
Case C-413/13, FNV Kunsten Informatie en Media – the autonomy of the social partners to regulate the self-employed? [judgment 2014, ECLI:EU:C:2014:2411]
On 4 December 2014 the Court ruled (ECLI:EU:C:2014:2411) that collective agreement provisions setting minimum fees for genuinely self-employed service providers fall within Article 101 TFEU — the self-employed are undertakings — but not where the providers…
Case C-351/12, OSA – EU copyright law checks in for a long stay at a health spa [judgment 2014, ECLI:EU:C:2014:110]
On 27 February 2014 the Court ruled (ECLI:EU:C:2014:110) that a spa establishment transmitting broadcasts to televisions in guest rooms performs a communication to the public, and that no health-establishment exception can excuse it.
Case C-557/12, KONE – indirectly escalated prices and lifting compensation from those inside prohibited cartels [judgment 2014, ECLI:EU:C:2014:1317]
By judgment of 5 June 2014 (ECLI:EU:C:2014:1317) the Court held that cartel members may be civilly liable for "umbrella pricing" losses — damage suffered by customers of non-cartelists who raised their own prices in the cartel's shelter — and that national…
Case C-234/12, Sky Italia – demanding the same advertising time as free-to-air commercial broadcasters [judgment 2013, ECLI:EU:C:2013:496]
By judgment of 18 July 2013 (ECLI:EU:C:2013:496) the Court ruled, in the words of the operative part: “Article 4(1) of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down…
Case C-497/12, Gullotta – excluding some medicines from Italian para-pharmacies [judgment 2015, ECLI:EU:C:2015:436]
By judgment of 2 July 2015 (ECLI:EU:C:2015:436) the Court ruled, in the words of the operative part: “The questions referred by the Tribunale amministrativo regionale per la Sicilia (Italy), by decision of 9 October 2012, and maintained by that court, are…
Case C-419/12, Crono Service – Italian chauffeur-driven hire-cars, cartels and the freedom to provide services [judgment 2014, ECLI:EU:C:2014:81]
By judgment of 13 February 2014 (ECLI:EU:C:2014:81) the Court ruled, in the words of the operative part: “The Court of Justice of the European Union does not have jurisdiction to answer the requests from the Tribunale amministrativo regionale per il Lazio…
Case C-1/12, Ordem dos Técnicos Oficiais de Contas – professional education and the scope of EU cartel law [judgment 2013, ECLI:EU:C:2013:127]
By judgment of 28 February 2013 (ECLI:EU:C:2013:127) the Court ruled, in the words of the operative part: “1.
Case C-518/11, UPC – competition and local authority intervention in pricing cable TV [judgment 2013, ECLI:EU:C:2013:709]
By judgment of 7 November 2013 (ECLI:EU:C:2013:709) the Court ruled, in the words of the operative part: “1.
Case C-162/12, Airport Shuttle Express – municipal restrictions on chauffeur-driven hire-cars [judgment 2014, ECLI:EU:C:2014:74]
By judgment of 13 February 2014 (ECLI:EU:C:2014:74) the Court ruled, in the words of the operative part: “The Court of Justice of the European Union does not have jurisdiction to answer the requests from the Tribunale amministrativo regionale per il Lazio…
Case C-136/12, Consiglio Nazionale dei Geologi – professions and cartel law [judgment 2013, ECLI:EU:C:2013:489]
By judgment of 18 July 2013 (ECLI:EU:C:2013:489) the Court ruled, in the words of the operative part: “1.