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European Commission proposes a Regulation establishing a framework for the review of foreign direct investments into the EU

Key Takeaways - Regulation introduces an EU review process with screening rights for the Commission, but without enforcement powers - Impact of Regulation expected to be largely procedural; practical consequences...more

EU regulators welcome stricter rules on cookies and direct marketing

The European Commission has published a draft Regulation regarding cookies and electronic direct marketing. EU regulators have publicly welcomed the proposal, which has potentially significant consequences for all businesses...more

Economists Must Respect Due Process Too! EU General Court annuls Commission decision blocking UPS/TNT merger

The judgment reinforces due process and transparency in EU merger control proceedings. The Court made clear that due process standards will be strictly enforced in merger cases, despite the relatively tight deadlines. The...more

Competition Damages – UK implementation of the EU Damages Directive

Regulations implementing the EU Damages Directive in the UK are set to introduce important changes to the law on limitation, burden of proof, and liability in competition damages claims...more

The European Commission extends its settlement procedure to abuse of dominance cases under Article 102 TFEU

The European Commission extends its settlement procedure to abuse of dominance cases under Article 102 TFEU — fine imposed on Altstoff Recycling Austria reduced by 30% in exchange for its co-operation with the Commission...more

Buying and selling online: the EU's new findings on e-commerce

On 15 September 2016, after more than a year of information-gathering and analysis, the European Commission published a voluminous report (291 pages) of preliminary findings from its large-scale e-commerce inquiry (the...more

Opt-out class actions in the UK – off the blocks, on a mobility scooter

A new opt-out class action regime was introduced into the UK on 1 October 2015 under the Consumer Rights Act 2015 (the "CRA"). Since then, practitioners have been waiting patiently; intrigued to see when the first claim would...more

Highest EU court strikes down vague and ambiguous information requests

Statement of reasons was excessively vague in light of the extent of information requested and the advanced investigation stage. Introduction - On 10 March 2016, the European Court of Justice issued a landmark...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

Lessons to keep in mind for your next complex global deal

Antitrust assessment by regulators around the world is becoming increasingly more complex and less predictable. And with global M&A activity approaching boom levels, companies need to plan carefully when preparing for their...more

European Commission adopts first two decisions in EU tax probe in push for corporate tax reform

On 21 October, the European Commission (“EC”) adopted its first decisions in its investigation into Member States’ tax rulings. The investigation, which began in June 2013, has also targeted tax rulings given to Apple and...more

New era dawns in UK competition damages actions

The entry into force of the UK Consumer Rights Act 2015 (the "CRA") on 1 October 2015 marks the introduction of opt-out class actions in the UK, further transforming the legal landscape for private damages claims in the UK....more

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

Dawn raids under scrutiny again by European Human Rights Court

ECtHR rules that French dawn raids in Vinci/GTM case breached fundamental rights - The European Court of Human Rights (the “ECtHR”) has ruled in the Vinci case that the circumstances surrounding the electronic removal of...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

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

A reminder of antitrust risks for private equity firms

In two decisions adopted in November 2014 but only recently published, the Dutch competition authority (ACM) fined three private equity firms for the involvement of one of their former portfolio companies in the so-called...more

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

Will the European Court force Germany to bid farewell to Orange Book?

The Advocate General’s advisory Opinion in the Huawei v. ZTE FRAND Case (C- 170/13) would, if followed by the full European Court of Justice (ECJ), usher in a significant shift in the playing field in German litigation on...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

European Commission probes into national tax rulings on transfer pricing

The European Commission (“EC”) has long sought to eliminate so-called harmful tax competition, which it sees as undermining the integrity of the internal market, fair competition and the fiscal sustainability of the Member...more

6/30/2014

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

New EU Energy and Environmental State Aid Guidelines Adopted: Phase Out of Renewable Energy Subsidies in Sight

On 9 April 2014, the European Commission adopted its new Energy and Environmental State Aid Guidelines (the "EEAG") which will take effect from 1 July 2014 onwards, replacing the Environmental State aid Guidelines ("EAG")...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

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