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THE LATEST: EU Commission Fines Facebook EUR 110 million for Providing Incorrect or Misleading Information

The Commission’s EUR 110 million fine on Facebook for breach of its procedural obligations under the EU merger control rules underscores the need to submit full, accurate and reliable information during the Commission’s...more

Antitrust M&A Snapshot - April 2017

McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise...more

McDermott EU Competition Annual Review 2016

It is difficult for General Counsel and their teams to monitor all new developments adequately. With the growth of the Internet and the daily updates to EU competition rules, everyone receives and has access to masses of...more

Antitrust M&A Snapshot - July 2016

United States: January – June Update - The Federal Trade Commission (FTC) and US Department of Justice (DOJ) have been actively challenging mergers and acquisitions in the first half of 2016. In some instances, the...more

United States and European Union Ease Trade Sanctions Against Iran Pursuant to Nuclear Agreement

As widely reported, Saturday, January 16 was “Implementation Day” under the Joint Comprehensive Plan of Action (JCPOA), agreed to on July 14, 2015, by the P5+1 (China, France, Germany, Russia, the United Kingdom and the...more

The UK Consumer Rights Act 2015: A New Advance in Private Antitrust Enforcement

On 1 October 2015 the UK Consumer Rights Act 2015 (CRA 2015) entered into force, bringing with it a raft of changes pertaining to consumer protection law and competition law litigation. These changes were discussed in an...more

International News: Focus on Tax - Issue 3, 2015

The breadth of the articles contained in our Focus on Tax this issue demonstrates the perennial importance of this topic to global businesses and international high net worth individuals. We examine topics ranging from...more

A New Concept in Cartel Fining: “Direct EEA Sales Through Transformed Products”

On 9 July 2015, the Court of Justice of the European Union (CJEU) issued its judgment in InnoLux Corp. v Commission C-231/14P, confirming the existence of a new concept in cartel fining: “direct European Economic Area [EEA]...more

The European Union’s Highest Court Rules on Standard-Essential Patents, Injunctions and Abuse of Dominance

The long-awaited ruling on the seeking of injunctions in the context of standard-essential patents encumbered by fair, reasonable, and non-discriminatory (FRAND) terms has been delivered by the Court of Justice of the...more

EU Court Maintains Tough Stance Against Business Practices by Firms With Strong Market Power

On 12 June 2014, the European Union’s court of first instance, the General Court, in Intel v European Commission (Case T-286/09), condemned a number of Intel’s business practices, including loyalty rebates. The General...more

EU’s Top Court Rules Cartel Victims Can Claim Damages From Cartelists Despite No Contractual Link

In a landmark ruling, the EU’s top court, the European Court of Justice (ECJ) in Kone and Others C-557/12 of 5 June 2014, has held that, where a cartel causes competing companies to increase their prices, the members of the...more

Technology Transfer Agreements: EU Promulgates New Antitrust Rules

The licensing of technology is core to the business model of many companies operating in IP-sensitive industries. Its commercial benefits are myriad. For example, it allows a licensor to take advantage of a licensee’s greater...more

New G-7 Sanctions Against Russia

The United States, in coordination with other G-7 nations, announced on Monday, April 28 new sanctions on individuals and entities with ties to the Russian government and President Putin. The newly announced sanctions build...more

5/1/2014  /  Foreign Policy , Russia , Sanctions

Significant Changes to UK Competition Regime Now Effective

The Enterprise and Regulatory Reform Act 2013 took effect on 1 April 2014. Increased efficiencies and deterrence are the main drivers of this reform. As of 1 April 2014, the Enterprise and Regulatory Reform Act 2013...more

Trade Sanctions Imposed in Response to Events in Ukraine

For any companies with interests in Russia or Ukraine, the events of the past several weeks and sanctions imposed by the United States, the European Union (EU), Switzerland, Canada and others may impact their business. ...more

3/25/2014  /  Russia , Sanctions , Ukraine

European Commission Adopts Revised Competition Regime for Technology Transfer Agreements

On 21 March 2014, the European Commission (Commission) adopted a revised set of rules for the assessment of technology transfer agreements by the Commission and national competition authorities. The new Technology Transfer...more

Fast Developing Events in Ukraine Prompt EU and US Trade Sanctions

Today, March 6, 2014, the European Union (EU) published a regulation imposing sanctions on several specific Ukrainian persons, including the former president of Ukraine, Viktor Yanukovych. In addition, today President Obama...more

3/7/2014  /  EU , Sanctions

Iran Sanctions—Implementation of P5+1/Iran Nuclear Non-Proliferation Agreement

The United States and the European Union have begun relieving Iran of some limited sanctions in exchange for Iran’s curtailing its nuclear proliferation activities....more

European Commission Simplifies Aspects of EU Merger Control

The European Commission (Commission) has issued a package of measures (the Reform Package), the rationale for which is to simplify and streamline EU merger control. The Reform Package does this by extending “simplified”...more

Relief for harm incurred as a result of protracted judicial review must be sought before General Court

On 26 November 2013, the European Union’s top court, the European Court of Justice, gave a seminal ruling establishing the principle that a claim for damages for losses incurred as a result of excessively long judicial review...more

EU Court Strikes Down Iran Asset Freeze Sanctions: Council of the European Union Urged to Act with more Rigour

In September 2013, the EU General Court annulled a series of asset freeze sanctions imposed by the Council of the European Union on a number of Iranian entities and one person. The General Court requires the EU regulators to...more

UK Competition Commission Provisionally Finds Anti-Competitive Features in Privately-Funded Health Care

The UK Competition Commission (the CC) has provisionally found that there are anti-competitive features in the supply or acquisition of privately-funded health care services, which give rise to adverse effects on competition....more

EU’s Top Court Rules that Blanket Ban on Access to Leniency Documents is not Permitted

The European Union’s top court rules that a national law which requires the consent of all parties before access to the file is given to third-party antitrust damages claimants is incompatible with EU law; a national court...more

A New Front in The Patent Wars: CJEU Asked for Guidance on Limits to Injunctive Relief

The patent wars between large technology companies continue unabated. The Court of Justice of the European Union (CJEU) is set to provide guidance on the antitrust rules when holders of standard essential patents seek...more

Seizure of Electronic Data: Dawn Raid Inspection Guidance Revised

In an era when the vast majority of written communications are made by electronic means, a company’s obligations to cooperate with Commission officials in an “antitrust dawn raid” extend to the granting of access to all...more

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