Chillin'Competition

Even without trying, we find ourselves looking back (and forward to what is coming) by the end of every year.

As far as I am concerned, this natural inclination is compounded by the fact that it is almost exactly a year since the publication of The New EU Competition Law. I am pleased with how it has been received, and have the best memories of the few trips to discuss it with friends and colleagues.

On this occasion, the book is also an invitation to look forward. As I was working on it, I quickly realised that The New EU Competition Law is but the first part of a trilogy examining the transformation of our field. If all goes well, next year, by this time, I will be announcing the publication of the second volume.

Book aside, I have been able to get some papers and book chapters out. This year’s vintage features the following:

Competition on the merits, published in the Common Market Law Review. It came out in January, but I have not changed my mind since. Competition on the merits, as a relic of times past, is an ‘irritant’ in the case law (as apparent in the Draft Guidelines). The notion has undergone a surprising revival which (I like to believe) will be short-lived.

Restrictions by object under Article 101(1) TFEU: from dark art to predictable framework, forthcoming in the Yearbook of European Law. This is a paper that pretty much wrote itself, as the Court of Justice kept issuing major rulings interpreting the notion of ‘by object’ restriction. The central idea behind the piece stems clearly from its title: it is no longer possible to argue that the notion is unclear. The Court has developed an analytical framework that has proved resilient to pressures from all sides.

Resale price maintenance in EU competition law: understanding the significance of Super Bock, recently published in World Competition. In a sense, this piece is a companion to the preceding one. It is also a reminder that EU law cannot be fully understood without considering how it is applied at the national level by courts and authorities (as I pointed out here).

Remedies in EU antitrust law, accepted in the Journal of Competition Law & Economics. Antitrust law is now in the age of remedies: never before had the adequate design of measures ending the infringement been so central to effective enforcement. In spite of this fact, remedies remain relatively misunderstood. I discuss their nature and purpose in the article, and propose some adjustments now that Regulation 1/2003 is being reviewed.

This paper (like all the rest, really) is dedicated to the memory of Heike Schweitzer. It is impossible for me not to think of her when working on all things competition law. Honouring her memory and legacy is high up on the list for 2025 and beyond.

Last, but not least, I published a chapter on data leveraging in energy markets (jointly written with Alexis Brunelle, Adrien de Hauteclocque and Juliette Ogez) for the Research Handbook on EU Competition Law and the Energy Transition, edited by Leigh Hancher and Ignacio Herrera Anchustegui.

As to what is in store for 2025, there is, among others, a piece on Hoffmann-La Roche forthcoming in Landmark Cases in EU Law (and on which I did a great deal of research into the concept of competition on the merits) and the forthcoming and much awaited edition of EU State Aid Control: Law and Economics, where I contribute a chapter with Damien Neven on State aid as a successful legal export.

Before I forget: 2024 will always be the year the blog reached 3 million views. Thanks you all so much for reading and sharing your thoughts over so many seasons!