Mark D. Powell

Mark D. Powell

White & Case LLP

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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

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

4/28/2014 - European Commission Technology Transfer Agreements

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

4/17/2014 - Energy EU Renewable Energy Subsidies

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

4/8/2014 - Competition Filing Requirements Mergers MOFCOM Public Disclosure Sanctions Whistleblowers

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

12/23/2013 - Antitrust Litigation EU Patent Litigation Patents Settlement

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

English Court of Appeal requires French defendants to comply with disclosure orders despite the French “blocking statute”

The existence in several countries of “blocking statutes”, which prohibit the provision of economic information to foreign authorities or courts (or require prior authorization to be obtained before doing so), present a...more

12/5/2013 - Blocking Statutes Cartels Disclosure Requirements Multinationals UK White Collar Crimes

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 ECJ EU European Commission Fines Judicial Review Jurisdiction Penalties

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

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

4/25/2013 - Coopertive Patent Classification System EU European Court of Justice Patents Unified Patent Court Unitary Patent

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

12/14/2012 - Competition European Commission Patents Pharmaceutical

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