Discriminatory pricing as an abuse is a little-deployed area of EU antitrust law and there has been no recent enforcement at the European Commission level. The few existing cases concern extreme facts, involving natural or statutory monopolies such as airports or copyright collecting societies. A recent European Court of Justice judgment offers welcome clarification of the case law. It starts with the premise that not all price differences are illegal.
Digital markets are a priority under EU competition policy. The fast-paced nature of the market has posed numerous challenges. However, EU Competition Commissioner Margrethe Vestager has stressed that digitalisation does not require a complete overhaul of competition law or the creation of sector-specific rules, but rather adaptation to the features of digital markets.
Third parties often complain that commitment decisions – where antitrust defendants offer binding remedies to end an EU investigation without penalties – fail to resolve antitrust issues or have a damaging effect on third parties. A recent judgment confirms how difficult it is to successfully appeal a commitment decision.