ADVOCATE GENERAL KOKOTT SAYS THE COURT OF JUSTICE SHOULD DISMISS GOOGLE’S APPEAL AND UPHOLD THE JUDGMENT OF THE GENERAL COURT

Thomas Vinje, Professor II on the Faculty of Law at UiB and BECCLE, and Senior Counsel / Chair Emeritus of Clifford Chance’s Global Antitrust Group, visits BECCLE to discuss the key issues addressed by Advocate General Kokott in her opinion in case C-738/22 P, Google Android. Thomas will discuss, in particular, AG Kokott’s positions on the two issues raised in Google’s Android appeal that are generally regarded as having great significance for the future of Article 102 jurisprudence, namely:

• Was the Commission required to undertake a (but-for) counterfactual analysis proving how Google might have behaved had it not adopted the contested abusive conduct
• Were the Commission (and the General Court) required to extend their examination beyond the capacity of Google’s tying conduct to restrict competition and to assess whether that conduct was capable specifically of foreclosing competitors as efficient as Google?

Thomas filed the complaint on behalf of FairSearch against Google that led the European Commission to pursue its case against Google on its Android-related conduct.  He pursued the complaint throughout the administrative proceedings leading to the Commission’s decision against Google and represented FairSearch in support of the European Commission in Google’s appeal before the General Court and Court of Justice of the European Union.

Location: Faculty of Law, University of Bergen, Auditorium 3
When: Thursday 11. september,  12.15-13.30

Vinje’s presentation

The seminar will be streamed and a zoom link will come here: https://uib.zoom.us/j/64389983842?pwd=xWVOTebdnBMnWJvFs8mYPEm8wyWfy4.1