3 February 2020

Online advertising: Concept of information society service
An intermediation service which, by means of an electronic platform, is intended to connect, for remuneration, potential guests with professional or non-professional hosts offering short-term accommodation, while also providing a certain number of services ancillary to that intermediation service, constitutes an information society service.
CJEU, Case C-390/18 X v Airbnb Ireland, Judgment of 19 December 2019, LawLex20200000135JBJ

Online advertising: Principle of free movement of persons and services
In criminal proceedings with an ancillary civil action, an individual may oppose the application to him or her of measures of a Member State restricting the freedom to provide an information society service which that individual provides from another Member State, where the Commission and the Member State on whose territory the service provider in question is established were not notified of those measures.
CJEU, Case C-390/18 X v Airbnb Ireland, Judgment of 19 December 2019, LawLex20200000135JBJ

Abuse of dominant position: Foreclosure strategies
The strategy of a dominant undertaking, the holder of a process patent for the production of an active ingredient that is in the public domain, which leads it to conclude, either as a precautionary measure or following the bringing of court proceedings challenging the validity of that patent, a set of settlement agreements which have, at the least, the effect of keeping temporarily outside the market potential competitors who manufacture generic medicines using that active ingredient, constitutes an abuse of a dominant position within the meaning of Article 102 TFEU, provided that that strategy has the capacity to restrict competition and, in particular, to have exclusionary effects, going beyond the specific anticompetitive effects of each of the settlement agreements that are part of that strategy.
CJEU, Case C-307/18 Generics (UK) Ltd, Judgment of 30 January 2020, LawLex20200000131JBJ

Abuse of dominant position: Cumulation of infringements
A contract-oriented strategy of a manufacturer of originator medicines holding a dominant position in a market may be penalized not only under Article 101 TFEU by reason of each Pay for Delay agreement taken individually with a competing generic manufacturer but also under Article 102 TFEU for the possible additional damage that strategy may cause to the competitive structure of a market in which, because of the dominance in that market of that manufacturer of originator medicines, the degree of competition is already weakened.
CJEU, Case C-307/18 Generics (UK) Ltd, Judgment of 30 January 2020, LawLex20200000131JBJ