James R.M. Killick

James R.M. Killick

White & Case LLP

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Latest Posts › EU


Europe's Highest Court Recently Delivered a Judgment Imposing Affirmative Duties on SEP Holders

The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply in order to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)- Standards lie at the heart...more

8/26/2015 - Abuse of Dominance China Competition ECJ EU FRAND IP License License Agreements Microsoft Patent Infringement Patent Royalties Patents Preliminary Injunctions Standards-Essential Patents Tech Industry

First EU Steps to Prepare for Sanctions Relief under Iran Deal

On July 31, 2015, the European Union (EU) adopted the first measures to prepare for the implementing of the Joint Comprehensive Plan of Action (JCPOA) with Iran by allowing EU Member States to authorise certain activities...more

8/4/2015 - Asset Freeze EU Implementation Day International Atomic Energy Agency Iran Iran Sanctions Joint Comprehensive Plan of Action (JCPOA) Nuclear Power P5+1 Nations Transition Day UN Security Council

ECJ rips up Orange Book! New standards in Europe for SEP injunctions

Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE1...more

7/29/2015 - Abuse of Dominance CJEU Competition EU FRAND Injunctions License Agreements Orange Book Patent Infringement Patent Royalties Patents Standards-Essential Patents

Final Nuclear Deal Reached Between Iran and the International Community

On July 14, 2015, the P5+1 (China, France, Russia, the United Kingdom and the United States (US), plus Germany), the European Union (EU), and Iran announced the “Joint Comprehensive Plan of Action” (JCPOA) regarding the...more

7/20/2015 - EU International Atomic Energy Agency Iran Iran Sanctions Joint Comprehensive Plan of Action (JCPOA) Nuclear Power Nuclear Weapons P5+1 Nations United Nations

Additional Extension of Temporary Sanctions Relief for Iran Through July 13, 2015

On June 30, 2015, the P5 + 1 (China, France, Germany, Russia, the United Kingdom, and the United States), the European Union (EU), and Iran decided by mutual consent to extend the Joint Plan of Action (JPOA) for seven days,...more

7/15/2015 - EU Extensions Iran Iran Sanctions JPOA P5+1 Nations Sanctions

EU continues sanctions against Russia and Crimea into 2016

On 19 June 2015, the EU Council decided to extend until 23 June 2016 the EU sanctions against Crimea/Sevastopol imposed in June 2014 in response to the annexation of Crimea and Sevastopol. On 22 June 2015, the EU...more

6/24/2015 - Asset Freeze Crimea EU Jurisdiction Russia Sanctions Ukraine

Deal or no deal?

Energy and resources companies that have been steering clear of the complexities of three distinct but overlapping Iran sanctions regimes would have been encouraged by an interim deal between Iran and international community...more

5/29/2015 - Commodities Energy Sector EU Exports Iran Iran Sanctions Joint Comprehensive Plan of Action (JCPOA) Mining Nuclear Power UN Security Council

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

3/31/2015 - Competition E-Commerce EU European Commission Internet Retailers Notice of Inquiry

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

3/20/2015 - Antitrust Investigations Cartels EU Parent Corporation Recidivism Subsidiaries

EU asset freeze developments: Ukraine state fund misappropriation list, Syria, Libya

The EU has recently removed four persons from its asset freeze list featuring persons deemed responsible for misappropriation of Ukrainian state funds, and added 13 parties to the Syria related asset freeze list. In addition,...more

3/11/2015 - Asset Freeze EU Libya Misappropriation State Funding Syria Ukraine

EU adds more separatists and five Russian officials to Ukraine related asset freeze list

The EU has extended its sanctions in relation to Ukraine by adding 19 persons and nine entities to the asset freeze list. These newly designated parties are deemed to be actively involved in separatist activities in Eastern...more

2/17/2015 - Asset Freeze EU Sanctions Ukraine

After a busy 2014 for sanctions, what can we expect in 2015?

2014 was a very eventful year for sanctions, with both the European Union (EU) and United States (US) making extensive use of trade sanctions to attain foreign policy goals. Certain sanctions measures against Iran were (and...more

2/11/2015 - Crimea Cuba EU Iran Iran Sanctions Russia Sanctions SDN List SSI List Sudan Ukraine

European Commission extends State aid probe into Belgian tax scheme

The European Commission (“Commission”) has opened a fifth formal State aid investigation into national tax rulings. This investigation concerns the Belgian “excess profit” provision, which allows multinational groups to...more

2/10/2015 - Amazon Apple Belgium Corporate Taxes EU European Commission Fiat Government Investigations Starbucks

DG COMP’s 5th monitoring report: time for guidance please!

DG Competition of the European Commission just published its 5th patent monitoring report. It covers patent settlements entered into in 2013. Each year, the Commission claims that the report shows a “steady increase” of...more

12/12/2014 - Annual Reports EU European Commission Patents

Iran sanctions suspension extended, and other EU sanctions news (Syria, Belarus, Serbia/Montenegro)

This alert summarizes certain recent EU sanctions developments with respect to Iran, Syria, Belarus, and Serbia/Montenegro. In sum, they are as follows: • Iran: Today, the EU decided to extend the existing temporary...more

11/26/2014 - EU Extensions Iran Sanctions JPOA P5+1 Nations Sanctions

New EU Russia sanctions: ban on oil project services; wider capital market sanctions (loans and credit, shorter-term equity, with...

Today, the EU published a second round of targeted sanctions against Russia. These new measures expand the EU’s existing Russia sanctions and restrict access to capital markets covering certain loans and credit, trade in...more

9/12/2014 - Asset Freeze Capital Markets Defense Sector Energy Sector EU Oil & Gas Russia Sanctions SDN List SSI List Travel Ban

EU Sanctions Against Russia: Possible Effects on Aircraft Sector

Against the background of recent European Union (EU) sanctions targeting Russian airline Dobrolet, this note provides a general overview of relevant issues – especially in the context of the aircraft sector. I....more

8/22/2014 - Airlines Asset Freeze EU Russia Sanctions

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

8/12/2014 - EU EUMR European Commission Infringement Mergers

EU imposes targeted Russia sanctions (banks, arms and oil sectors); imposes Crimea/Sevastopol trade/investment restrictions and...

The EU has adopted and published targeted sanctions against Russia covering banks, the oil sector and arms in response to the situation in Ukraine. The new sanctions include an EU ban on purchase or sale (and related...more

8/4/2014 - Energy EU Foreign Policy Oil & Gas Russia Sanctions Trade Policy

EU adds names to Ukraine sanctions and widens criteria in preparation for further sanctions, possibly this week; prolongs Iran...

This alert resumes three changes to EU sanctions adopted over the past week. This week is likely to be equally busy as further sanctions on Ukraine and Russia are expected imminently. First, and most important, the...more

7/28/2014 - Asset Freeze EU Iran Sanctions Russia Sanctions Syria Ukraine

EU adds 11 ‘rebel’ names to Ukraine list, introduces South Sudan asset freeze

The EU has introduced new sanctions measures, namely the following: • The addition of 11 ‘rebel’ names to the Ukraine asset freeze list; and • The introduction of an asset freeze in relation to South Sudan,...more

7/15/2014 - Asset Freeze EU Sanctions Sudan Ukraine

EU updates sanctions against Libya and Syria, and introduces import ban for Crimean products

The EU Council on 23 June 2014 took several sanctions-related actions,1 all effective on 24 or 25 June 2014, including: • the introduction of an EU import ban for products from Crimea and Sevastopol (and related...more

6/26/2014 - Asset Freeze EU Illegal Imports Importation Limits Imports Oil & Gas Sanctions Syria Vessels

European Commission Provides insight into possible directions for future EU dual-use export control regime

The European Commission has recently outlined its priorities and suggestions for modernising and improving the EU’s Dual-Use export controls regime in a Communication. The proposed approach focuses on ‘smarter’ controls,...more

6/24/2014 - EU Export Controls Exports Reasonable Accommodation

EU publishes TTIP negotiating positions for five key sectors to increase transparency

On 14 May 2014, in the run-up to the fifth negotiating round taking place 19-23 May 2014 in the US, the European Commission has published its negotiating position in the ongoing Transatlantic Trade and Investment Partnership...more

5/21/2014 - Automotive Industry Chemicals Cosmetics EU Negotiations Pharmaceutical Transparency TTIP

EU broadens Ukraine sanctions and adds two companies and 13 individuals to sanctions list

On 12 May 2014, the EU Council broadened the scope of EU sanctions in response to the situation in Ukraine. The legal basis for EU sanctions was broadened notably to cover obstruction of the work of international...more

5/14/2014 - EU Sanctions Ukraine

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