Philip Bentley

Philip Bentley

McDermott Will & Emery

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New EU Competition Commissioner Magrethe Vestager to Take Office in November, Pending Approval

In an announcement made on 10 September 2014, the President-elect of the next European Commission, Jean-Claude Juncker from Luxemburg, unveiled his team and announced that Magrethe Vestager from Denmark will replace Joaquin...more

9/11/2014 - Administrative Appointments EU European Commission Political Appointments

CJEU Rules Maximum Cartel Fine Applies Only to Infringing Subsidiary Turnover and Reduces Fine by €17 Million

On 4 September 2014, the Court of Justice of the European Union (CJEU) confirmed that the maximum fine of 10 per cent of turnover imposed on the infringing subsidiary of a non-infringing parent company should be calculated on...more

9/10/2014 - Cartels CJEU EU Fines Patent Infringement Patents Subsidiaries

A Giant Leap: EU-China Bilateral Investment Treaty Negotiations to Be Launched Formally

Negotiations for a bilateral investment treaty between the European Union and China are expected to be formally launched during the EU-China Summit next week. Though the launch would be just the first step in a long...more

11/15/2013 - Bilateral Investment Treaties China EU

IP Update, Vol. 16, No. 10, October 2013

No Case or Controversy in DJ Against Patentee Who Sued Manufacturer’s Customers: Cisco Systems, Inc. v. Alberta Telecommunications Research Center - In a non-precedential opinion addressing declaratory judgment...more

11/1/2013 - Cisco Claim Construction Copyright FRAND Offsets Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Telecommunications Trademark Policing Trademarks

IP Update, Vol. 16, No. 9, September 2013

Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant in a...more

10/1/2013 - Claim Construction Copyright Expert Testimony Fair Use Governmental Immunity Governmental Liability Infringement Inter Partes Reexamination ITC Jurisdiction Obviousness Patent Term Adjustment Patents Preliminary Injunctions Registration SCOTUS Sovereign Immunity Theft Trade Secrets Trademarks USPTO Work-For-Hire

Revisions to The European Union’s Trade Defence Instruments

The European Commission has published legislative proposals that would make EU anti-dumping and anti-subsidy instruments more efficient and better adapted to shield EU producers from unfair practices. Specifically, the...more

4/16/2013 - Anti-Dumping Duty EU European Commission Exports Proposed Legislation Retaliation Unfair or Deceptive Trade Practices

Requests for Suspension of EU Common Customs Tariff Still Under Consideration

Over 250 of the product requests submitted for tariff suspensions in January 2014 are still being examined by the EU Economic Tariff Question Group. The list of the products for which duty suspensions have been requested is...more

4/15/2013 - EU Resquest for Suspensions Tariffs

The Microsoft Internet Explorer Saga: Microsoft Fined €561 Million for Failure to Keep Promises

The European Commission has fined Microsoft €561 million (approximately US$730 million) for failure to abide by a commitment made in 2009 to make a browser-choice screen available to PC-users. The fine is in relation to the...more

3/12/2013 - Competition EU European Commission Microsoft Settlement

UK Government Announces Proposals for an “Opt-Out” Collective Competition Damages Action

On 29 January 2013, the UK Government’s Department for Business, Innovation & Skills announced new proposals designed to improve the ability for consumers and businesses to bring collective damages claims against competition...more

3/7/2013 - Class Action Competition Appeal Tribunal Opt-Outs Unfair Competition

Maritime Transport Subject to EU General Competition Law Guidelines From 26 September 2013

Up until 18 September 2006, maritime transport services were exempt from the EU competition rules in respect of liner conferences. In addition, cabotage and international tramp vessel services were exempt from the...more

2/22/2013 - Competition EU Maritime Transport Sector-Specific Guidelines Shipping

Joint and Several Liability For Antitrust Fines: Parent Company Can Benefit From a Reduction in Its Subsidiary’s Fine

A judgment of the EU General Court in March 2011, upheld on appeal by the Court of Justice of the European Union (CJEU) on 22 January 2013, is potentially good news for parent companies. Where both a parent company and its...more

2/11/2013 - Cartels CJEU EU Joint and Several Liability Parent Corporation Subsidiaries

European Commission to Settle Half its Ongoing Cartel Investigations in 2013

Joaquín Almunia, the European Union’s Commissioner for Competition, has announced that the European Commission hopes to settle around half of its outstanding cartel cases in 2013. It’s time to review the European Union’s...more

1/30/2013 - Cartels EU European Commission Settlement

Release of Confidential Cartel Information by European Commission to English High Court Suspended

On 29 November 2012, the EU General Court (GC) issued a provisional order suspending the European Commission’s decision to communicate to the High Court of England and Wales a copy of Alstom’s reply to the statement of...more

1/16/2013 - Cartels Confidential Documents EU Trade Secrets

Three-Year Deadline for Recovery of Invalid Anti-Dumping Duties

The judgment of the Court of Justice of the European Union in CIVAD (C-533/10, 14 June 2012) reminds all importers that even if the Court declares an anti-dumping duty or countervailing duty invalid, an importer will not be...more

1/5/2013 - Anti-Dumping Duty Customs EU Imports

Poland in the Spotlight: Extensive Changes to Polish Competition Law

Polish legislators have confirmed their commitment to change significantly the provisions of the Polish Competition Act. The proposed amendments will undoubtedly change Polish competition law substantially, by improving and...more

12/12/2012 - Competition

European Commission Dawn Raids: EU General Court Reins in “Fishing Expeditions”

On 14 November, the EU General Court ruled in related cases T-135/09 and T-140/09 that the European Commission had been too broad when setting out its mandate for the carrying out of dawn raids at the offices of companies in...more

12/10/2012 - European Commission

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