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Business Articles Awards > Unilateral Conduct

The Application of Article 102 TFEU by the European Commission and the European Courts

Romano Subiotto QC et al., Journal of European Competition Law & Practice, 2016

See Romano F. Subiotto's resume See David R. Little's resume See Romi Lepetska's resume

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DG COMP accelerated its Article 102 enforcement work in 2015, opening five new investigations and issuing provisional adverse findings (Statement of Objections) in six cases—companies implicated in these investigations include Amazon, Gazprom, Google, and Qualcomm. In Post Danmark II and Huawei v. ZTE, the Court of Justice provided clarity on its approach to controversial areas of the law but left several important
questions unanswered. Following criticism that it has been too quick to resolve cases through the Article 9 commitments mechanism, the Commission has announced an
ex-post evaluation of the effectiveness and efficiency of past Article 9 decisions.

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