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New era dawning in EU competition law? CJEU endorses an effects-based assessment of rebates and sets aside lower court’s judgment...

Intel and the effects-based approach in EU competition law - On 6 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") essentially held in Intel1 that the European Commission ("Commission") cannot...more

Selective distribution systems: AG Wahl advises to allow a ban on sales via online marketplaces

In his opinion in Coty, Advocate General ("AG") Wahl invites the European Court of Justice ("ECJ") to rule that a manufacturer operating a selective distribution system is, under certain conditions, allowed to prohibit its...more

How prepared is industry for the possibility of a Brexit?

The next structural issue facing the European Union - White & Case commissioned independent research to capture views on how senior in-house legal decision makers and senior managers viewed the possibility of a Brexit and...more

Global merger control: Charting a route to port

As investors scour the world for growth, regulators are placing cross-border deals under ever greater scrutiny, and a new regulatory world order is emerging. Understanding it is essential. Merger control: Getting your...more

Never say never

When circumstances change, regulators can reverse previous decisions on merger rulings, encouraging companies to reconsider transactions that they initially believed were too challenging to pursue. Many potential mergers...more

EU Court of Justice finds OMT programme for purchase of government bonds not contrary to EU Treaties

In a judgment handed down on 16 June 2015, in the first ever preliminary reference made from Germany’s Federal Constitutional Court (Bundesverfassungsgericht), in Peter Gauweiler and Others v Deutscher Bundestag (Case...more

EU Competition Commissioner proposes a competition inquiry in the e-commerce sector

On 26 March 2015, the European Commissioner in charge of competition policy, Margrethe Vestager, announced a potential competition inquiry in the e-commerce sector. According to the Commission, the proposed inquiry is aimed...more

Recidivism revisited

Court of Justice holds parent companies may be fined for repeat infringements even without being an addressee of the earlier decisions - On 5 March 2015, the European Court of Justice (CoJ) handed down its judgment in...more

Technical infringements receive stiff fines from the European Commission

Both the Electrabel case and the Marine Harvest case serve as harsh wake-up calls that companies and their antitrust advisers must adopt a high level of caution when analysing whether a transaction must be notified under the...more

New Technology Transfer Agreements Regime to kick in from 1 May: caution needed for the few areas that have changed

After two public consultations in 2011 and 2013, and reportedly much internal debate, the European Commission’s new regime for the assessment of technology transfer agreements under EU competition law, which was adopted last...more

MOFCOM Shows Teeth Against Gun Jumping

On 20 March 2014, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued a notice announcing that it will make public decisions sanctioning companies failing to notify mergers that meet the filing...more

Class actions: now in Belgium

Class actions are a hot topic in Europe, and elsewhere. Various European countries have introduced, or are in the process of introducing, class action mechanisms. At the European Union level a similar development is...more

3/18/2014  /  Class Action , EU

Patent Settlements as an endangered species: DG Comp’s latest Monitoring Exercise on Patent Settlements in Europe

Executive Summary - On 9 December 2013, DG Comp published its fourth report on the monitoring in Europe of patent settlements. Like its predecessors, the report welcomes the continuously low level of settlements that...more

The Commission simplifies its procedures for most mergers, but demands extra information for the rest

Summary - On 5 December 2013, the European Commission (“Commission”) reformed its merger procedures. The new rules will apply as of 1 January 2014. The reforms will impact the standard procedure (Form CO), the...more

Giving Teeth To The General Court’s Unlimited Jurisdiction To Review Competition Law Fines: Advocate General Wathelet’s Opinion In...

The level of fines imposed by the European Commission in competition cases has attracted controversy for more than ten years. The often deferential approach of the European courts to hearing appeals has also been criticised,...more

European Commission adopts a package on private damages actions in antitrust cases

On 11 June 2013, the European Commission (“Commission”) adopted a proposal for a directive on how citizens and companies can bring damages claims under EU antitrust rules. According to the Commission, the proposal serves to...more

ECJ dismisses Spanish and Italian challenge to EU-wide unitary patent system, but obstacles remain

Summary - On 16 April 2013, the Court of Justice of the European Union (“ECJ”) handed down its judgment in Joined Cases C-274/11 and 295/11 in which it dismissed the challenges brought by Spain and Italy to the other...more

A further (small) step forward towards an EU-wide unitary patent system

On 11 December 2012, Advocate General Bot gave his Opinion on Joined Cases C- 274/11 and 295/11, proposing that the Court of Justice of the European Union (“ECJ”) dismiss the cases brought by Spain and Italy challenging the...more

12/20/2012  /  EU , Unified Patent Court , Unitary Patent

AstraZeneca v European Commission: Case C-457/10 P

Introduction - On 6 December 2012, the European Court of Justice (the “ECJ”) upheld the judgment of the General Court (“GC”), which found that AstraZeneca (“AZ”) abused its dominant position on the market for proton pump...more

European Court of Justice says the European Stability Mechanism (ESM) is compatible with EU law

In a judgment handed down today, in a preliminary reference from the Irish Supreme Court, in Thomas Pringle v The Government of Ireland, Ireland and the Attorney General (Case C-370/12), the Court of Justice of the European...more

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