Developments in EC competition law in 2007: An overview

Abstract

This article summarizes the main legal developments in the field of competition law during 2007. It is in 8 sections: (1) introduction, (2) legislation and policy initiatives, (3) general enforcement issues, (4) vertical restraints, (5) cartels and cooperation between competitors, (6) abuse of dominance, (7) merger control and (8) conclusion and outlook. While there have been no major legislative or policy documents of general application, the year has been marked by a number of interesting developments in individual cases, both as regards the application of Articles 81 and 82 and merger control. Highlights in the area of Articles 81 include the refusal by the CFI in Akzo to extend the scope of legal privilege, the first judicial pronouncements on the Article 9 commitments procedure in Alrosa, and many significant cartel appeal judgments. As for Article 82, Commission decisions have been upheld by the ECJ in British Airways, and the CFI in Wanadoo and, most significantly, in Microsoft. In the field of merger control the Commission has issued new and revised guidance documents and has taken a number of important decisions, including the prohibition of the Ryanair/Aer Lingus merger. In addition the CFI, in Schneider, for the first time awarded damages based on a wrongful prohibition by the Commission of a transaction.