Relaxing whilst doing Competition Law is not an Oxymoron

Xmas List

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Dear Santa,

I have been very brave this year. So here’s my Xmas list for 2013:

  • A Commission Article 10 inapplicability decision;
  • An article 102 TFEU collective dominance case;
  • A judgment quashing a Commission decision under Article 102 TFEU;
  • Many, very many rulings in the spirit of Post Danmark;
  • No ruling in the spirit of TeliaSonera;
  • A recognition that dominant firm conduct can be de minimis, and in turn presumably lawful;
  • Individual penalties for EU competition law infringements;
  • Less articles on Article 6 ECHR and, more generally, on procedural issues;
  • The clear recognition that the “restriction by object” concept is probabilistic in nature (i.e. a restriction by object means nothing but conduct which will very likely exert anticompetitive effects);
  • A guidance letter from the Commission;
  • DG COMP to take a few complaints lodged by SMEs, and not only open investigations when Google, Microsoft, Samsung or Apple are concerned;
  • Shorter judgments;
  • Judgments in understandable English (or French);
  • A recognition that coordination theories of harm related to horizontal cooperation agreements should be assessed on the basis of the Airtours standard;
  • Impact studies in competition cases (on this, am not so sure actually);
  • A flexible traineeship at DG COMP 🙂

Thanks Santa. You can deliver all this throughout 2013, not need to bring everything tomorrow.


PS: to all readers, a terrific Xmas

Written by Nicolas Petit

24 December 2012 at 8:59 pm

Posted in Uncategorized

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