On 6 October 2015, the Court of Justice of the European Union (“the Court” or “ECJ”) gave out its judgment in Case C-23/14 Post Danmark II on rebates. The judgment constitutes a recapitulation and systematisation of the Court’s previous case-law on this subject and it provides guidance to public enforcers as well as to dominant undertakings when designing their rebate schemes.
The Court of Justice (“the Court”) delivered its judgment on appeal in Case C-583/13 P Deutsche Bahn AG a.o. v European Commission, which deals with three important issues concerning the Commission’s powers of inspection in competition cases. These three issues, as defined by DB’s three pleas on appeal, refer to, first, the interpretation and application of the fundamental right to the inviolability of the home provided for in Articles 7 of the Chapter and Article 8 of the ECHR; second, the interpretation and application of the right to effective judicial protection provided for in Article 47 of the Chapter and Article 6(1) of the ECHR; and third, the rights of defence due to alleged irregularities vitiating the conduct of the first inspection.
In this post, we will look closer into the third issue, i.e. the required scope of the Commission’s inspection decisions. Continue reading