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Latest posts
Salomons II NEW
martinned 3 Months, 2 Weeks, 6 Days, 16 Hours, 29 Minutes ago
Last July, I got quite miffed about the Competition Appeals Tribunal’s judgement in Akzo Nobel v. Competition Commission. I argued that the CAT had bent the rule of Salomon v. Salomon, which says that shareholders and the company they own are l...
Ferries & Competition - Appendix NEW
martinned 7 Months, 1 Day, 20 Hours, 24 Minutes ago
Good news: In the Terschelling Ferries case that I blogged about on Monday, EVT won on appeal! The Court of Appeals in The Hague ruled today that EVT gets to continue to operate between Harlingen and Terschelling for the time being. (A...
Competition Law, Sustainability, and Geography NEW
martinned 7 Months, 3 Days, 20 Hours, 23 Minutes ago
The Ferry post raised an interesting issue that I'd only casually discussed elsewhere: if we are going to weigh the damage done by collusion against one or more associated benefits, which benefits for which consumers do we get to inclu...
Ferries & Competition NEW
martinned 7 Months, 4 Days, 18 Hours, 36 Minutes ago
Recently, the District Court in The Hague tackled an interesting case about competition between ferry companies. While some of the legal details make the Court’s decision quite obviously right, the economics of the case are worth digging into a...
Prisoner Voting NEW
martinned 10 Months, 2 Weeks, 2 Days, 15 Hours, 25 Minutes ago
Something that made me mad in today's UK Supreme Court prisoner voting judgment. Per Lord Sumption:115. From a prisoner’s point of view the loss of the right to vote is likely to be a very minor deprivation by comparison with the loss of liber...
Phoebe Putney NEW
martinned 1 Year, 1 Month, 4 Weeks, 1 Day, 12 Hours, 32 Minutes ago
An increasing problem in the competition law world is the relationship between competition law and varying degrees of state action in other realms. In Europe, this problem is artificially easy because of the hierarchy of laws involved. In Deutsche Te...
Salomons NEW
martinned 1 Year, 2 Months, 1 Day, 5 Hours, 40 Minutes ago
In last month’s Akzo Nobel v. Competition Commission, the Competition Appeal Tribunal treaded a number of fine lines to end up with what would have seemed at first glance to be a no-brainer of a result. Yes, the Competition Commission (“t...
This Week and Last Week in Luxembourg NEW
martinned 1 Year, 2 Months, 6 Days, 1 Hour, 33 Minutes ago
The Grand Chamber (Judge Juhász) reaffirmed that in competition law the actual facts on the ground are all that matter, regardless of anyone’s intentions. In this case, both the lawyers and the Austrian Kartellgerichtsaid that the cartel...
This Week and Last Week in Luxembourg NEW
martinned 1 Year, 2 Months, 2 Weeks, 5 Days, 23 Hours, 58 Minutes ago
The British system of special advocates for national security immigration cases survived a challenge under the free movement directive this week. While the Grand Chamber (Judge Von Danwitz) set some limits, those are the same as the limits already se...
Fyra NEW
martinned 1 Year, 2 Months, 3 Weeks, 3 Days, 5 Hours, 38 Minutes ago
In his weekly column, which is usually unique among opinion pieces in being both carefully reasoned and highly insightful, Bas Heijne tore into a slew of targets yesterday. The reason why he lost his calm like that? Fyra.Fyra is - or rather: was - th...
Lone Voice of Sanity Successfully Silenced NEW
martinned 1 Year, 2 Months, 3 Weeks, 4 Days, 4 Hours, 17 Minutes ago
Ever since the beginning of the current economic crisis, the government's orthodoxy that cutting expenditure to match tax receipts is the only option has been echoed by all official voices - the Treasury, the National Bank - except one. The CPB, the...
This Week and Two Weeks Ago in Luxembourg NEW
martinned 1 Year, 3 Months, 3 Days, 16 Hours, 4 Minutes ago
The Grand Chamber (Judge Rosas) this week again concerned itself with the issue of asset freezes. In this case, it held that the General Court had erred by holding that Abdulbasit Abdulrahim no longer had standing to sue to have his name removed from...
This Week and Last Week in Luxembourg NEW
martinned 1 Year, 3 Months, 3 Weeks, 3 Days, 16 Hours, 54 Minutes ago
The biggest case this week is probably Joined Cases Libert et al. v. Flemish Government and All Projects & Developments NV et al. v. Flemish Government, where the Court (Judge Tizzano) answered a number of questions coming from the Belgian Consti...
This Week in Luxembourg NEW
martinned 1 Year, 4 Months, 1 Week, 1 Day, 5 Hours, 52 Minutes ago
The Grand Chamber (Judge Ilešič) slapped down the appeal by Laurent Gbagbo and his friends against the General Court’s order dismissing their action for annulment of their asset freeze as manifestly unfounded. The problem was that t...
Wifi (2) NEW
martinned 1 Year, 4 Months, 1 Week, 5 Days, 2 Hours, 50 Minutes ago
Last month, those b*stards at the Dutch Supreme Court ruined one of my favourite legal stories - the one I discussed in this blog post from 2011. What had happened is that the Court of Appeals in The Hague had decided that you couldn't - legally...
This Week in Luxembourg NEW
martinned 1 Year, 4 Months, 2 Weeks, 1 Day, 9 Hours, 29 Minutes ago
The Grand Chamber handed down two big cases this week: On the one hand, it decided not to shoot down the European Patent Court a second time. (Cf. Opinion 1/09) Curiously, Spain and Italy tried to use art. 3(1)(b) TFEU to argue that the EPC deals wit...
Anonymity NEW
martinned 1 Year, 4 Months, 3 Weeks, 6 Hours, 20 Minutes ago
In a recent judgment, the Supreme Court of the Netherlands held against “The Board of the District Court of [A]”. I would humbly submit that that was taking anonymisation several steps too far.Discussing the question of anonymity in court...
Today in Luxembourg NEW
martinned 1 Year, 4 Months, 3 Weeks, 1 Day, 5 Hours, 44 Minutes ago
The case of Mindo v. Commission (judge Arabadijev) gave the Court the opportunity to explore the consequences of joint and several liability for competition fines when one of the persons liable is bankrupt. It held that the General Court was wrong to...
The Plague Reaches EUObserver NEW
martinned 1 Year, 4 Months, 3 Weeks, 4 Days, 44 Minutes ago
Repeat after me: Not being able to win a referendum is not "undemocratic". The are many things that you'd never win a referendum on. Taxes. Piers Morgan. Quantum Physics. But that doesn't make any of these things undemocratic. Instead, we have democr...
This Week in Luxembourg NEW
martinned 1 Year, 5 Months, 1 Week, 5 Days, 18 Hours, 15 Minutes ago
The Grand Chamber (Judge Arabadijev) annulled the General Court’s state aid judgment in French Republic et al. v. Commission. Siding with the Commission, the Court criticised the General Court’s standard for the connection between the sta...