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European Commission’s White Paper on Foreign Subsidies: Closing a regulatory gap?

The Commission opens a public consultation on a new tool to protect the EU from international competition. The European Commission (the Commission) is consulting the market on a proposal to add a new tool to the EU...more

New DOJ Guidance Increases Benefits for Robust Antitrust Compliance Programs - What Companies Need to Know

The Antitrust Division’s new policy gives credit for pre-existing compliance programs, but only those that meet certain high standards. On July 11, 2019, Assistant Attorney General Makan Delrahim announced that the US...more

New Law Governing Foreign Direct Investment in the United States Brings Significant Changes to CFIUS Review

New law expands CFIUS’ jurisdiction and brings important procedural changes to foreign direct investment review. Key Points: ..The new legislation extends CFIUS’ jurisdiction to cover non-controlling investments in the...more

General Court Annuls Fine in Envelope Cartel Settlement

First successful appeal against an EU settlement decision in a cartel case may have broader implications for the settlement process. On 13 December 2016, the General Court of the Court of Justice of the European Union...more

ECJ Decision in LCD Cartel Case Affirms Potential for Higher Fines to be Imposed on Vertically Integrated Companies

Decision allows Commission to consider sales of products incorporating cartelized goods when calculating cartel fines for a vertically integrated group selling the “transformed product” in Europe. On 9 July 2015, the...more

Court of Justice Finds Deutsche Bahn Dawn Raids Illegal

Commission’s dawn raids of Deutsche Bahn’s premises were illegal because improperly discovered documents triggered the action. Summary - On 18 June 2015, the Court of Justice of the EU (ECJ) partly allowed...more

General Court Rules on Relationship Between “Standard” and Settlement Cartel Procedures for First Time

General Court confirms Commission could impose higher fine during standard procedure than range proposed during settlement discussions. Summary - On 20 May 2015 the General Court (GC) dismissed the Roullier...more

5/26/2015  /  Appeals , Belgium , Cartels

The European Court of Justice Caps Liability for Acquired Companies’ Cartel Infringements

The ruling caps fines on companies with historic cartel exposure that are acquired by large companies and increases predictability of future antitrust exposure stemming from pre-acquisition conduct. On 4 September...more

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