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In a recent decision, the Court of Justice of the European Union (ECJ) determines how the term “establishment” used in the EU Data Protection Directive 95/46/EC must be interpreted and thereby on the applicability of national data protection law in cases with a cross-border context as well as on the power of national data protection authorities in this regard. This has practical implications.

The first Post Danmark case in 2012 brought about a modest antitrust revolution on Article 102 applicable to discrimination. Rarefied economic concepts were confirmed. Price discrimination as a standalone abuse was all but confined to a historical footnote in antitrust textbooks, to be replaced by a predation type test.