Scott Megregian

Scott Megregian

K&L Gates LLP

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All Foreign Takeovers of UK Companies to be Reviewed Following Brexit?

Recent statements by Theresa May and her staff uncover the first potential significant change to UK competition law as a result of Brexit. A Downing Street spokesperson has indicated that all “foreign takeovers” of UK...more

7/29/2016 - Acquisitions Foreign Investment Merger Controls Mergers Takeovers UK UK Brexit UK Competition and Markets Authority (CMA)

CJEU Confirms EU Competition Law Does Not Prevent Royalties for Revoked Patent Licences

On 7 July 2016, the Court of Justice of the European Union (CJEU) ruled that, provided that a licensee is free to terminate a licence agreement on reasonable notice, it can be obliged to pay royalties even after the patent...more

7/15/2016 - Arbitration CJEU Competition Corporate Counsel EU European Patent Office Genentech IP License License Agreements Patents Popular Royalties TFEU

CJEU Sends a Reminder to Parent Companies as regards the Imposition of Liability for their Subsidiaries’ Involvement in a Cartel

On 16 June 2016, the Court of Justice of the EU (“CJEU”) dismissed appeals against the General Court’s (“GC”) rulings on the calcium carbide cartel. The GC had upheld the European Commission’s (“Commission”) EUR 61 million...more

7/5/2016 - Cartels CJEU EU European Commission Parent Corporation Subsidiaries

BREXIT: Stay Calm - Effects on Antitrust Expected to be Limited

Should the UK leave the EU, the way how antitrust rules apply to companies based in and doing business in the EU and in the UK is unlikely to change significantly in the short or medium term. Notably, UK domestic...more

7/5/2016 - Competition Authorities EU Member State Mergers Popular Referendums UK UK Brexit UK Competition and Markets Authority (CMA)

UK Competition Authority Challenges Online Resale Ban

On 9 June 2016, the UK’s Competition and Markets Authority (CMA) announced that it had sent a statement of objections to Ping Europe Limited, a golf equipment manufacturer, alleging that Ping had breached EU and UK...more

6/13/2016 - Competition Competition Authorities Office of Fair Trading UK UK Competition and Markets Authority (CMA)

CJEU Reaffirms Independence of EU and Member States Leniency Programs

The Court of Justice of the EU (“CJEU”) recently issued a seminal preliminary ruling on the relationship between EU leniency programs and the leniency programs of Member States. The CJEU reaffirms that EU and Member State...more

3/16/2016 - Cartels CJEU Corporate Counsel EU European Commission Immunity Leniency Programs Member State

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 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

The European Commission’s Enforcement Priorities and the Debate on the Reform of the EU Merger Control Regulation

EU merger control celebrates its 25th anniversary this year. On 13 March 2015, the EU Commissioner for Competition Margrethe Vestager gave a speech on merger reform and market definition noting that, although there is no room...more

3/30/2015 - EU European Commission European Merger Control Regulation Popular Strategic Enforcement Plan

Metals Benchmark Pricing and Warehousing Under Further Scrutiny

The two major legal issues currently facing the metals industry are benchmark pricing and metals warehousing. We have spoken regularly at industry events and to our clients about both of these topics and a number of you have...more

2/18/2015 - Benchmark Pricing Metals Rare Earth Metals

K&L Gates Supports Hempel Metallurgical and ECHA in Winning First Data-Sharing Appeal

A much anticipated decision in the first ever data-sharing appeal was announced by ECHA’s Board of Appeal (BoA) this week. The BoA upheld ECHA’s decision taken in July 2013 that the Vanadium Consortium (the Consortium) did...more

12/22/2014 - Administrative Appeals Data-Sharing ECHA UK

Statements at industry conferences can violate competition law

U.S. steelmakers have recently found themselves paying huge sums totalling over USD 160 million to steel purchasers in order to ward off even larger damages claims. These come in the wake of a vast class action lawsuit...more

7/21/2014 - Class Action Corporate Counsel Manufacturers Price-Fixing Professional Conferences Trade Associations

Competition Enforcers focus on the Food Sector

The European competition authorities have become extremely proactive in investigating and punishing anti-competitive practices in the food sector in recent years. In the final week of June alone, substantial fines were...more

7/17/2014 - Anti-Competitive EU Food Labeling Food Manufacturers Food Safety Investigations

ECHA provides further guidance on substance identity to ensure compliant dossiers

REACH requires manufacturers, importers and only representatives registering a substance to provide extensive and correct information on substance identity in the registration dossier. The European Chemicals Agency (“ECHA”)...more

5/1/2014 - ECHA REACH

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

Some clarification regarding challenges to REACH candidate listing

In a series of recent judgments the EU General Court has given some guidance to companies considering challenging the inclusion of their substances in the REACH Candidate List. In summary, it is now clear that the listing of...more

3/28/2013 - Contamination ECHA EU Hazardous Substances Proportionality

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