Neil Baylis

Neil Baylis

K&L Gates LLP

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Latest Publications


CJEU Sends Clear Warning to “Cartel Facilitators”

On 22 October 2015, the Court of Justice of the EU (“CJEU”) handed down a seminal judgment holding for the first time that companies facilitating the implementation of a cartel can be sanctioned under EU competition law....more

11/2/2015 - Cartels Code of Conduct Competition European Commission European Court of Justice (ECJ) Foreign Trade Regulations Sanctions

The Beginning of US Style Class Actions in the UK? The Risks Associated with Past and Future Anti-Competitive Behaviour Just...

On 1 October 2015 the UK introduced a new class action regime for breaches of competition law (specifically cartel conduct or abuse of dominant position) permitting collective proceedings for damages claims which will be...more

10/16/2015 - Class Action Collective Actions Competition Competition Appeals Tribunal (CAT) EU OFCOM Ofgem Opt-Outs UK UK Consumer Rights Act Unfair Competition

ECJ Interprets Rules of Jurisdiction for Cartel Damages Claims

The European Court of Justice (“ECJ”) has recently handed down a landmark judgment in the Hydrogen Peroxide case, confirming that cartel victims may jointly sue cartelists for damages in an EU Member State where only one of...more

9/2/2015 - Brussels Convention Cartels Chemicals EU European Court of Justice (ECJ) Jurisdiction Member State Sanctions

The Court of Justice of the European Union Confirms the Commission’s Long Arm in Fighting International Cartels

In a landmark victory for the European Commission (Commission) before the Court of Justice of the European Union (CJEU) on 9 July 2015, the Court upheld the EUR 288 million fine imposed on a Taiwanese producer of liquid...more

7/14/2015 - Cartels Competition Corporate Counsel European Court of Justice (ECJ) Foreign Corporations LCD Panels South Korea Taiwan

Government Study Shows Increased Need for Competition Compliance Especially By SMEs

On 27 May 2015 the Competition and Markets Authority (“CMA”) published the findings of a research study examining competition law awareness among businesses in the UK. The research reveals that although most businesses...more

6/4/2015 - Competition Authorities Risk Management Small Business UK

E-commerce Companies Face EU Competition Scrutiny

On 26 March 2015, the European Commission announced its proposal to launch an inquiry into the EU e-commerce sector, one that could have far-reaching implications for any business with an online presence in Europe. What is...more

3/31/2015 - Competition Authorities E-Commerce EU

Significant Changes to UK Consumer Law

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) come into force on 13 June 2014 and form the final stage of the UK’s implementation of the European Union...more

6/10/2014 - Digital Goods E-Commerce Retailers UK

MOFCOM Strengthens Merger Control Law Enforcement

On March 20, 2014, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued a press release announcing that, as of May 1, 2014, MOFCOM will make public on its website all decisions resulting in a finding...more

4/11/2014 - Anti-Monopoly Mergers MOFCOM Public Disclosure

Airport abuses dominant position through coach operator concession

On 28 January 2014 the High Court (‘the Court’) in London found that London Luton Airport Operations Ltd (‘LLAO’) had abused its dominant position contrary to UK competition law by entering into an exclusive concession...more

2/5/2014 - Abuse of Dominance UK Unfair Competition

European Authorities Crack Down on Price Signalling

EU and national competition law authorities have recently shown an increased interest in the anticompetitive effects of public announcements relating to future prices and strategic plans. The Netherlands Authority for...more

1/17/2014 - EU Price-Fixing

Competition Commission stops short of requiring Mandatory Rotation of Auditors

As part of its ongoing investigation into the UK audit services market, the Competition Commission ("CC") has provisionally decided on a package of remedies that will require FTSE 350 companies to put auditing contracts out...more

7/25/2013 - Anti-Monopoly Auditors Audits Competition EU Loans Shareholders UK

The European Commission's first pay-for-delay anti-trust infringement decision

In June 2013, two important decisions regarding 'pay-for-delay' arrangements in the pharmaceuticals industry were made in the EU and US. Generally speaking, 'pay-for-delay' or 'reverse-payment settlements' involve a type of...more

7/9/2013 - Antitrust Litigation EU European Commission Infringement Patent Litigation Pay-For-Delay Pharmaceutical Industry Reverse Payment Settlement Agreements

Emerging Policies in China’s Merger Control Process: MOFCOM’S Continued Focus on Far-Reaching Conditions

I. Introduction - In April 2013, two keenly awaited MOFCOM merger decisions illustrated China’s continued focus on utilising far-reaching behavioural conditions, especially in commodity transactions, which aim to...more

6/14/2013 - China Commodities EU MOFCOM Transparency

Proposed Amendments to the EU Competition Assessment of Technology Transfers

The European Commission (the "Commission") is considering revisions to the rules governing the assessment of technology transfer agreements such as patent licences in advance of the expiry of the existing rules on 30 April...more

2/27/2013 - Competition EU European Commission Licenses Patent Pools Patents Technology Technology Transfer Agreements

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