Wilko van Weert

Wilko van Weert

McDermott Will & Emery

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Polish Competition Authority Supports UBER

On 5 May 2016, the Polish Office of Competition and Consumer Protection (UOKiK) published a position paper in which it expressed its opinion on Uber’s operations on the Polish market for transportation services....more

5/16/2016 - Competition Competition Authorities Poland Uber

EU: Merger case cleared following offer of FRAND technology license

On 20 April 2016, the European Commission (Commission) cleared, under its merger control rules, the acquisition of Equens and PaySquare by Worldline subject to, amongst others, a commitment to license technology to any...more

4/25/2016 - EU European Commission European Merger Control Regulation FRAND

Dutch Competition Authority Fines Cold-Storage Companies for Exchange of Information in the Context of Merger Talks

On 23 March 2016, the Netherlands Authority for Consumers and Markets (ACM) announced that it had fined four cold-storage firms for having put in place anticompetitive arrangements while in extended merger talks with one...more

4/1/2016 - Anti-Competitive Bid Rigging Competition Authorities Corporate Counsel Merger Controls Mergers Netherlands Non-Disclosure Agreement Price-Fixing

EU Commission Releases First Findings on Geo-Blocking in E-Commerce Sector Inquiry

On 18 March, the European Commission (Commission) published its initial findings on geo-blocking in the framework of its ongoing antitrust sector inquiry into e-commerce. The findings are based on responses to questionnaires...more

3/25/2016 - Cross-Border Digital Goods E-Commerce EU European Commission Geo-Blocking Internet Retailers

Enhanced Sharing of Antitrust Evidence: New EU/Japan Cooperation Agreement

On 15 March 2016, the Japan Fair Trade Commission (JFTC) and the European Commission (Commission) announced their intention to upgrade the current antitrust co-operation agreement between Japan and the European Union. The...more

3/17/2016 - Antitrust Investigations Competition Authorities Cooperative Agreements EU European Commission Information Sharing Japan Japan Fair Trade Commission (JFTC)

The UK Consumer Rights Act 2015: A New Advance in Private Antitrust Enforcement

On 1 October 2015 the UK Consumer Rights Act 2015 (CRA 2015) entered into force, bringing with it a raft of changes pertaining to consumer protection law and competition law litigation. These changes were discussed in an...more

1/12/2016 - Antitrust Investigations Class Certification Class Representatives Collective Actions Competition Appeal Tribunal Damages UK UK Consumer Rights Act

International News: Focus on Tax - Issue 3, 2015

The breadth of the articles contained in our Focus on Tax this issue demonstrates the perennial importance of this topic to global businesses and international high net worth individuals. We examine topics ranging from...more

12/14/2015 - Anti-Bribery China Competition Appeal Tribunal Double Taxation EU EU Data Protection Laws Foreign Investment General Data Protection Regulation (GDPR) Holding Companies Hospitals Institutional Investors Italy OECD Patents Trusts UK UK Consumer Rights Act

The European Union’s Highest Court Rules on Standard-Essential Patents, Injunctions and Abuse of Dominance

The long-awaited ruling on the seeking of injunctions in the context of standard-essential patents encumbered by fair, reasonable, and non-discriminatory (FRAND) terms has been delivered by the Court of Justice of the...more

7/23/2015 - Abuse of Dominance EU European Commission European Court of Justice (ECJ) FRAND Injunctions License Agreements Licensees Patent Infringement Patent Litigation Patent Royalties Patents Popular Standard Essential Patents TFEU

The EU Directive on Antitrust Damages Actions

In This Issue: - Proof of the Competition Law Infringement - Measure of Damages and the “Passing-On” Defence - Disclosure of Evidence - Limitation Periods - Joint and Several Liability and Contributions...more

1/6/2015 - Antitrust Litigation Dispute Resolution EU Private Competition Damages

The Advocate General of the EU Clarifies Position on Enforcement of SEPs

Huawei Technologies Co. Ltd v. ZTE Corp., ZTE Deutschland GmbH - Despite the fact that standard-essential patents (SEPs) have been on the agenda of the European Union (EU) competition law debate for some time now,...more

1/6/2015 - Competition Act EU IP License Patents Standard Essential Patents

New EU Competition Commissioner’s Priorities For 2014-2019: Hearing Before The European Parliament

Margrethe Vestager, former Deputy Prime Minister of Denmark, is designated to become the next EU Competition Commissioner in November 2014. The EU Competition Commissioner is a powerful figure in Europe, as witnessed by the...more

10/3/2014 - Antitrust Investigations Cartels Competition Authorities EU

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 EU European Court of Justice (ECJ) Fines Patent Infringement Patents Subsidiaries

New IP Enforcement Policy in the EU

Given that strategic importance of IP-sensitive industries for the EU economy, the European Commission (Commission) has introduced a new initiative with a view to strengthen the protection of EU-based IP rights by working...more

8/11/2014 - Enforcement EU European Commission FRAND Patents Pay-For-Delay Pharmaceutical Industry Pharmaceutical Patents Strategic Enforcement Plan

Limitation Periods for Antitrust Damages Actions in The European Union

The last decade or so has seen a marked increase in antitrust damages actions brought before the national courts of the EU Member States. As things currently stand, such actions are governed by the various national laws of...more

7/2/2014 - Antitrust Litigation EU EU Directive Statute of Limitations

The CJEU Takes Tough Stance on Downloading from Unlawful Sources

ACI Adam BV v Stichting de Thuiskopie - Following a reference from the Supreme Court of the Netherlands, the Court of Justice of the European Union (CJEU) held that EU law precludes member states from having national...more

6/16/2014 - Copyright Copyright Infringement Digital Downloads EU European Court of Justice (ECJ) Illegal Digital Downloads

Standards and Injunctions Under EU Competition Law

In two decisions issued in April 2014, the European Commission (the Commission) provided further clarification as regards the circumstances in which patentees can seek injunctions to protect their standard-essential patents...more

6/9/2014 - Competition EU Injunctions Patent Infringement Patent Litigation Patents Standard Essential Patents

Technology Transfer Agreements: EU Promulgates New Antitrust Rules

The licensing of technology is core to the business model of many companies operating in IP-sensitive industries. Its commercial benefits are myriad. For example, it allows a licensor to take advantage of a licensee’s greater...more

5/12/2014 - Antitrust Provisions EU Technology Technology Transfer Agreements

European Commission Adopts Revised Competition Regime for Technology Transfer Agreements

On 21 March 2014, the European Commission (Commission) adopted a revised set of rules for the assessment of technology transfer agreements by the Commission and national competition authorities. The new Technology Transfer...more

3/24/2014 - Competition EU European Commission License Agreements Technology Technology Transfer Agreements

Collective Redress Likely to Become a Reality in Belgium

The Belgian Government has today submitted a draft federal bill on collective redress for approval in the parliament. If passed, it will introduce collective redress into Belgian legislation for the first time. It will also...more

1/22/2014 - Collective Actions EU Redress Payments

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 - EU European Court of Justice (ECJ) Injunctions Remedies Standard Essential Patents TFEU

Brussels Court of Appeal Rules that Legal Professional Privilege Applies to In-house Counsel

On 5 March 2013, the Brussels Court of Appeal delivered a judgment finding that, under Belgian law, in-house counsel are covered by legal professional privilege (LPP). In relation to antitrust investigations, the ruling...more

3/15/2013 - Attorney-Client Privilege Corporate Counsel EU European Commission

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

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