Philipp Werner

Philipp Werner

McDermott Will & Emery

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German Court Rejects National Competition Authority Liability for Damages After Unlawful Prohibition of a Merger

The Higher Regional Court in Düsseldorf yesterday dismissed an action for damages of €1.1 billion brought by GN Store Nord against the German Federal Cartel Office. The judgment sheds some light on the possibility for...more

3/27/2014 - EU Mergers Prohibited Transactions

European Commission Investigates Exemption from Renewable Energy Surcharge for Energy-Intensive Companies in Germany

The European Commission today opened a State aid investigation into the German Renewable Energy Source Act (the EEG), claiming that the EEG may have given unlawful advantages to energy-intensive companies in Germany. These...more

12/18/2013 - EU European Commission Excise Tax Renewable Energy Tariffs Tax Benefits Tax Exemptions

EU National Courts May Have to Order Recovery of State Aid Before European Commission Makes Final Decision

The European Court of Justice decided on 21 November 2013 that EU national courts must assume that a measure qualifies as State aid, if the European Commission has opened an in-depth investigation into that measure....more

11/26/2013

CJEU Confirms Prior State Aid Cannot be Taken into Account by Public Authority To Justify Further Subsidies as Market Behaviour

In its recent judgment in Land Burgenland (Joined Cases C-214/12 P, C-215/12 P and C-223/12 P) the Court of Justice of the European Union has confirmed that State aid granted to an undertaking in the past must not be taken...more

10/31/2013 - CJEU Competitive Bidding ECJ EU European Commission Subsidies Vendors

Updated Oral Statement Guidance for Leniency Applicants

On 8 October 2013, the European Commission (Commission) issued updated guidance for companies that make oral statements when cooperating with the Commission in a cartel investigation....more

10/10/2013 - Cartels EU European Commission Fines Leniency Programs

New German Cartel Fine Guidelines

The German Federal Cartel Office has just published new Guidelines on the Setting of Fines for antitrust law infringements. With these guidelines, the German Federal Cartel Office departs from the method of setting fines...more

6/27/2013 - Cartels Competition EU European Commission Fines

Obtaining Legal Advice is Not a Shield Against Fines for Infringement of EU Competition Rules

On 18 June 2013, the Court of Justice of the European Union (CJEU) held that a company that infringed EU competition rules will not escape a fine even if it can claim that it relied on advice given by a legal adviser on the...more

6/26/2013 - CJEU Competition EU Fines Infringement

EU’s Top Court Rules that Blanket Ban on Access to Leniency Documents is not Permitted

The European Union’s top court rules that a national law which requires the consent of all parties before access to the file is given to third-party antitrust damages claimants is incompatible with EU law; a national court...more

6/12/2013 - Cartels CJEU Competition EU Leniency Documents

EU Commission published proposals for private antitrust litigation

On 11 June, the European Commission (“Commission”) published its long-awaited package of proposals on private antitrust litigation. The package is divided into three sets: (1) a Draft Directive on actions for damages (2) a...more

6/12/2013 - Cartels Collective Actions Damages EU European Commission Joint and Several Liability Leniency Documents Statute of Limitations

A New Front in The Patent Wars: CJEU Asked for Guidance on Limits to Injunctive Relief

The patent wars between large technology companies continue unabated. The Court of Justice of the European Union (CJEU) is set to provide guidance on the antitrust rules when holders of standard essential patents seek...more

4/11/2013 - CJEU EU Injunctions Remedies Standards-Essential Patents TFEU

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

European Commission Proposes Changes to the Rules Applicable to Technology Licensing

On 20 February 2013, the European Commission launched a public consultation in relation to a draft proposal for a revised block exemption for technology transfer agreements (the proposal). The Commission seeks to improve and...more

3/4/2013 - Competition European Commission Licenses Non-Challenge Clauses Patents Technology Transfer Agreements

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

Cour de cassation Rules on Automotive Quantitative Selective Distribution Agreements

The Cour de cassation, France’s highest court for judicial matters, rendered a judgment on 15 January 2013 in a case involving Jaguar’s distribution agreements in France. The judgment follows an earlier ruling on the matter...more

2/12/2013 - Automotive Industry CJEU Distributors EU Exclusive Territory Jaguar

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

German Federal Cartel Office Levies Administrative Fine Due to Incomplete Merger Notification

The German Federal Cartel Office (FCO) has imposed an administrative fine for the submission of incomplete information in a merger notification. The missing information concerned details about shareholdings essential for the...more

1/24/2013 - Cartels EU Fines Notice Requirements Pre-Merger Filing Requirements Shareholders

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

European Competition Network Revises the Model Leniency Programme

The network of European antitrust regulators, the European Competition Network, has revised its model leniency programme for cartels. Major changes include a broader scope for summary applications when applying for leniency...more

12/21/2012 - Cartels Competition EU Leniency Programs

Infrastructure Financing Does Fall Within The Scope of European Union State Aid Rules

The Court of Justice of the European Union (CJEU) has confirmed that the financing of infrastructure projects is subject to the European State aid rules. The judgment concerns the financing of airport infrastructure, but the...more

12/20/2012 - CJEU EU Infrastructure

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

EU Commission Can Bring Follow-On Actions for Damages on Behalf of the European Union in Cartel Cases

On 6 November 2012, the Court of Justice of the European Union (CJEU) ruled that the European Commission was entitled to represent the European Union in an action for damages before national courts. The CJEU ruled that the...more

11/13/2012

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