Antitrust Liability in the Context of Online Platforms. Case Comment to the Preliminary Ruling of the Court of Justice of 21 January 2016 ‘Eturas’ UAB v Lietuvos Respublikos konkurencijos taryba (Case C-74/14)
Journal Title: Yearbook of Antitrust and Regulatory Studies - Year 2016, Vol 9, Issue 14
Abstract
In its judgment of 21 January 2016 in Case C-74/14 (hereinafter, judgment), the Court of Justice (hereinafter, CJ) responded to a preliminary question submitted by the Supreme Administrative Court of Lithuania. The latter asked whether the mere dispatch of an email relating to the maximum level of rebates may constitute sufficient evidence to establish that its addressees can be found liable for illegal concerted practices within the meaning of Article 101(1) TFEU. The CJ judgment raises novel issues specific to antitrust enforcement in e-commerce in two areas: (i) can users of a third party online booking platform be found liable for an anti-competitive practice purely on the basis of receiving unprompted email messages, even if they were not aware of their content, and (ii) what steps should they take in order to distance themselves from anti-competitive actions in an e-commerce environment
Authors and Affiliations
Bartosz Targański
Keywords
Related Articles
- EP ID EP324447
- DOI 10.7172/1689-9024.YARS.2016.9.14.15
- Views 73
- Downloads 0
Open Access Competition in the Long-Distance Passenger Rail Services in Poland
This paper presents evidence of the head-on open access competition which took place on the market of long-distance passenger rail services in Poland in 2009–2015. The regional governments-owned challenger managed to rai...
Private Antitrust Enforcement Without Punitive Damages: A Half-Baked Reform?
Directive 2014/104/EU on private antitrust enforcement opted for the exclusion of punitive damages from the category of recoverable damages following a violation of antitrust law. This article will outline the concept of...
Antitrust Liability in the Context of Online Platforms. Case Comment to the Preliminary Ruling of the Court of Justice of 21 January 2016 ‘Eturas’ UAB v Lietuvos Respublikos konkurencijos taryba (Case C-74/14)
In its judgment of 21 January 2016 in Case C-74/14 (hereinafter, judgment), the Court of Justice (hereinafter, CJ) responded to a preliminary question submitted by the Supreme Administrative Court of Lithuania. The latte...
Fourth National Academic Conference – Consumer in the Rail Passenger Market, Łódź (Poland), 26 April 2017 (conference report)
On 26 April, the Fourth National Academic Conference entitled “The Consumer in the Rail Passenger Market” was held at the Faculty of Law and Administration of the University of Łódź (WPiA UŁ). The event was organised by...
Proving the Grounds for Compensation – Reflections on Private Enforcement in the Polish Cement Cartel Case. Case Comment to the Judgment of the Court of Appeals in Cracow of 10 January 2014 (Ref. No IACa 1322/13)
Despite the fact that the right to full compensation of harm caused by the breach of Articles 101 and 102 TFEU was confirmed in European Union jurisprudence many years ago,and that actions for damages for competition law...