In 2021, EU antitrust horizons will be wide and enthralling: EU competition law and the jurisprudence of the Court of Justice of the European Union in this matter have seen many interesting developments in the course of the last years, and there are many exciting developments yet to come. This paper singles out particularly relevant and trendsetting evolutions in three fields that will occupy the Court of Justice and the General Court in 2021 and beyond: private enforcement of EU competition law; the per-object/per-effect-distinction as regards infringements of Article 101 TFEU; and new challenges brought about by the development of new digital markets and distribution channels and the digitalization of commercial practices.
By Juliane Kokott & Hanna Schröder1
I. INTRODUCTION
In 2021, EU antitrust horizons will be wide and enthralling: EU competition law has indeed seen many interesting developments in the course of the last years, and there are many exciting developments yet to come in 2021. The EU Court of Justice (“ECJ”), in particular, will soon again be called upon to decide on fundamental issues, be it, for instance, the inspection powers of the European Commission and the corresponding rights of the parties to judicial review2 or the application of the ne bis in idem principle in the field of competition law,3 to name just two outstanding topics currently pending before the ECJ.
As regards current evolutions inscribing in long term continuing trends, re
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