EU Competition Law Newsletter

Below are links to EU Competition Law Newsletters that Cleary publishes each month.

2023

December

Revolution For Sport Gatekeeps? The Grand Chamber Of The Court Of Justice Rules On The European Super League And International Skating Union Cases

On December 21, 2023, the Court of Justice of the EU (“CJEU”) delivered two of the most anticipated judgments of the year: European Super League (“ESL”) and International Skating Union (“ISU”). The CJEU found that the ISU’s and FIFA/UEFA’s ore-authorization rules that prevent clubs and athletes from participating in unauthorized third-party sports events infringe EU competition rules because those rules are not based on transparent, objective, non-discriminatory, proportionate, and reviewable criteria.

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Opting-Out-Of-Settlement Could Be Costly: Commission Fines Largest Nordic Ethanol Producer €48 million For Manipulating Ethanol Benchmarks

On December 7, 2023, the Commission imposed a fine of almost €48 million on Lantmännen ek för, the largest producer of ethanol in the Nordic region, for participating in a 1.5-year cartel manipulating the wholesale price of ethanol in the EEA.

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Opening Up The Wallet: Apple To Offer Rivals Access to NFC System On iOS Devices

In a move intended to put an end to the Commission’s recent investigation into mobile payment restrictions on iOS, Apple offered third-party developers access to the tap-and-go system (i.e., Bear-Field Communication or “NFC”) on its devices.

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European Commission In A “Reflection Mode” Following CJEU Loss In The Engie State Aid Case

On December 5, 2023, the CJEU overturned the judgment of the General Court, which upheld the Commission decision of June 20, 2018 finding that Luxembourg had granted unlawful State aid of €120 million to Engie.

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Antitrust Violations May Oust Companies From Public Tenders (Infraestruturas de Portugal)

On December 21, 2023, the Grand Chamber of the CJEU delivered a judgment on the interplay between public procurement rules and competition law.

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Please click here to read the complete Newsletter.

2022