David Henry

David Henry

McDermott Will & Emery

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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

4/2/2014 - Competition Financial Regulatory Reform UK

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

3/24/2014 - Competition EU European Commission License Agreements Technology Technology Transfer Agreements

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

1/24/2014 - EU Foreign Policy Iran Iran Sanctions Middle East Nuclear Power

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

12/11/2013 - EU European Commission European Merger Control Regulation Mergers

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

12/3/2013 - ECJ EU European Commission Judicial Review

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

9/23/2013 - EU Frozen Assets Iran Sanctions Middle East Nuclear Weapons

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

9/5/2013 - Competition Healthcare Hospitals Insurers Private Funds UK

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

6/12/2013 - Cartels CJEU Competition EU Leniency Documents

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

4/11/2013 - CJEU EU Injunctions Remedies Standards-Essential Patents TFEU

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

3/22/2013 - Compliance Dawn Raids Electronically Stored Information European Commission

Brussels Court of Appeal Rules that Legal Professional Privilege Applies to In-house Counsel

On 5 March 2013, the Brussels Court of Appeal delivered a judgment finding that, under Belgian law, in-house counsel are covered by legal professional privilege (LPP). In relation to antitrust investigations, the ruling...more

3/15/2013 - Attorney-Client Privilege Corporate Counsel EU European Commission

The Microsoft Internet Explorer Saga: Microsoft Fined €561 Million for Failure to Keep Promises

The European Commission has fined Microsoft €561 million (approximately US$730 million) for failure to abide by a commitment made in 2009 to make a browser-choice screen available to PC-users. The fine is in relation to the...more

3/12/2013 - Competition EU European Commission Microsoft Settlement

A Dutch Court Hands Down the First Substantive Damages Judgment in the Netherlands for an Infringement of Competition Law

In a recent judgment, a District Court in the Netherlands (the DCA) handed down a judgment in what is the first substantive damages judgment in the Netherlands for a breach of competition law. In issuing the declaration of...more

2/27/2013 - Breach of Competition Law Cartels Competition Damages Declaratory Judgments EU GRId System Indirect Purchasers Infringement

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