Competition policy can provide revealing insights on how market regulation can quickly become obsolete, or otherwise inadequate, when confronted with rapid technological change. This failure to keep up with new business models in the digital realm, demonstrates that even the most sophisticated and adaptive regulatory tools may succumb to the extreme dynamics, in terms of incentives and adoption, that the most revolutionary technologies ...

The purpose of this article is to analyze, on the one hand, the behave of the Commission, the planning and implementation of its competition inspections and, on the other hand, the that it may fine, on what grounds it is based, the objectives as well as their impact in relation to its case law.The aim is to find a pattern for the development of the plan to combat unfair competition, and on the basis of this we can outline an overv...

The competition on the market has been and will be current in any period. The social and economic context influences the competition rules. In order to have the best possible position in the market, some economic agents will resort to practices that violate the rules of fair competition. Because of this, a balanced competition, in an increasingly technological world, is quite difficult to maintain, because there are many factors both in...

„It should be borne in mind that it is suffi cient for the Commission to show that the undertaking concerned participated in meetings at which anticompetitive agreements were concluded, without manifestly opposing them, to prove to the requisite standard that the undertaking participated in the cartel. Where participation in such meetings has been established, it is for that undertaking to put forward evidence to establish that its part...

The European Commission recently finalized a case regarding an alleged concerted practice involving several publishers and Apple on the market for e-book commercialization, by accepting commitments proposed by the parties in response to the Commission’s anticompetitive concerns.The relevance of this decision results from the peculiarities of the factual background which, in principle, may render questionable the extent to wh...

This article aims at analysing the specific issues that may arise in the public procurement proceedings, with a focus on bid-rigging practices and the behaviour of public authorities as forms of anticompetitive conducts expressly regulated by the Competition Act no. 21/1996. Moreover, given the recent practice of the Competition Council, the authors have also presented the particularities of relevant markets definition in the case of an...

European competition law refers to the activities of undertakings. Although the treaty does not define the concept of an undertaking, the European Court of Justice has consistently held that any entity engaged in an economic activity, irrespective of its legal form and the way in which it is financed, must be categorised as an undertaking.Any activity consisting in offering goods or services on a given market is an economic activi...

Audio-visual rights, named common TV rights, experienced a great development în the last decade. Management either individually or collectively of such rights has generated huge revenues for sports bodies (federations, leagues, clubs) as well as specific issues of competition law and intellectual property both nationally and internationally. In European football these issues have acquired a special connotation and Commission decisions a...

This paper is addressed to those interested in and involved in the application of the legal norms regulating competition and it aims to make a brief presentation of a key-concept for the enforcement of the competition law – the relevant market. The presentation is a panorama of all the essential aspects of the concept – those on which the concept is based, composed of and to which the concept is directed – but without any assumption tha...