James R.M. Killick

James R.M. Killick

White & Case LLP

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Latest Posts › European Commission


European merger control: Well-oiled machine or spluttering engine?

Commissioner Margrethe Vestager was in a celebratory mood when she addressed an audience in Brussels in March 2015 as the EU merger control body celebrated its 25th anniversary: "There is reason to celebrate because the...more

11/11/2015 - Acquisitions EU European Commission Joint Venture Merger Controls

The EU’s new trade and investment policy in a nutshell

A new template for future initiatives - On 14 October 2015, the European Commission revealed its long-awaited communication setting out an updated trade and investment policy for the EU, entitled “Trade for all: Towards...more

10/21/2015 - Bilateral Investment Treaties EU European Commission Exports Foreign Investment Free Trade Agreement GSP Regime TiSA Trade Policy Transparency TTIP Unfair or Deceptive Trade Practices WTO

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

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

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

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

4/28/2014 - European Commission Technology Transfer Agreements

New EU procedures for trade defence measures agreed

The Council and European Parliament recently agreed on new procedural rules for the adoption of trade defence measures (i.e. anti-dumping, antisubsidy, and safeguard measures) by the European Commission. The new rules...more

12/19/2013 - Anti-Dumping Duty Anti-Subsidies EU European Commission New Amendments Trade Policy

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

12/13/2013 - EU European Commission Filing Requirements Mergers Notice Requirements

Commission launches long-awaited consultation on revised guidelines on State aid for rescuing and restructuring firms in...

On 5 November 2013, the European Commission launched a consultation on its proposed new guidelines on State aid for rescuing and restructuring firms in difficulty (“the draft R&R guidelines”) which will replace the current...more

11/21/2013 - Economic Development EU European Commission Restructuring

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

10/2/2013 - Competition EU European Commission European Court of Justice (ECJ) Fines Judicial Review Jurisdiction Penalties

EU outlines preliminary goals in connection to first TTIP round

Last week, the EU and US met for the first round of negotiations of a Transatlantic Trade and Investment Partnership (TTIP) Agreement. In statements following the closing of this round, chief negotiators for both sides...more

7/18/2013 - Competition EU European Commission Negotiations Proposed Legislation Treaties TTIP

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

6/13/2013 - Antitrust Litigation EU European Commission

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

12/14/2012 - Competition European Commission Patents Pharmaceutical Industry

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