THE EUROPEAN COURT OF JUSTICE CONFIRMS THE LAWFULNESS OF THE RTVE FUNDING SCHEME

On 10 November 2016, the Court of Justice of the European Union ruled that the new Spanish funding scheme for the public television system (RTVE) is not in violation of EU State aid law. Corporación de Radio y Televisión Española (RTVE) is the Spanish public radio and television broadcasting organisation, which relied on a dual…

THE ECJ ISSUES THE POST DANMARK JUDGMENT CONCERNING THE REBATE SCHEME’S COMPATIBILITY WITH ARTICLE 102

On 6 October the European Court of Justice delivered the Post Danmark judgement in which it gave a preliminary ruling on the interpretation of a rebate scheme under Article 102 TFEU. In 2007 and 2008 Post Danmark A/S implemented a retroactive rebate scheme in the context of distribution of bulk advertising mail to recipients in…

HUAWEI V ZTE: OPEN ISSUES AFTER ECJ’S JUDGMENT

Comment by Marco Lo Bue (Italian Competition Authority) On 16 July 2015, the European Court of Justice addressed the request for a preliminary ruling submitted by the District Court of Dűsseldorf with regard to the Huawei v ZTE case . The referring Court had raised the question whether an action for infringement brought by a FRAND-encumbered…

THE ECJ’S JUDGMENT IN THE LCD PANELS CARTEL CASE UPHOLDS THE €288 MILLION FINE IMPOSED ON INNOLUX

The judgment rendered by the Court of Justice on 9 July 2015 dismisses in its entirety the appeal by InnoLux seeking a reduction in the amount of the fine imposed for its involvement in the cartel concerning LCD panels. In December 2010, the Commission adopted the decision ascertaining that six major international manufacturers of LCD…

THE ECJ SETS ASIDE THE GENERAL COURT’S DECISION IN THE FLAT-GLASS CARTEL CASE AND REDUCES THE FINE ON GUARDIAN

The Court of Justice has set aside the General Court’s ruling in the Guardian case, providing a different approach to the calculation of the fine. The fine for a competition law infringement is generally calculated as a percentage of the undertaking’s annual sales of the product concerned by the infringement. The relevant sales are usually…