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European Union › Court of Justice of the European Union (CJEU) › Competition

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
McDermott Will & Emery

Labor Markets in the Focus of European Competition Law

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In May 2024, the European Commission published a Competition Policy Brief classifying certain agreements related to labor markets as serious antitrust infringements. According to the Commission, so-called wage-fixing and...more

Morgan Lewis

Sports and EU Law: Madrid Commercial Court to Hear Arguments in European Super League Case

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On March 14, 2024, the Madrid Commercial Court will hear the parties’ arguments in the ongoing European Super League (ESL) case following the December 2023 judgment of the Court of Justice of the European Union (CJEU). The...more

K&L Gates LLP

Competition Law "Leaves its Studs in" on UEFA and FIFA

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Introduction - The Court of Justice of the European Union (CJEU) has issued two major decisions in separate cases concerning sporting organisations’ ability to regulate their: (i) competitions; and (ii) members’ activities...more

Hogan Lovells

Sport Meets Antitrust: Shaping the field of play – the CJEU weighs in on sports and antitrust

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Just before Christmas, the Court of Justice of the European Union (CJEU) delivered three eagerly awaited rulings that greatly affect the relationship between antitrust law and the autonomy of sports associations – breaking...more

Hogan Lovells

Sport Meets Antitrust: The CJEU’s final whistle on sports and antitrust?

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The last time the Court of Justice of the European Union (CJEU) extensively dealt with the intersection between sports and EU competition law was more than seventeen years ago. In the meantime, the sports sector has massively...more

K&L Gates LLP

Brussels Regulatory Brief: November 2023

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Antitrust and Competition - European Commission Approves Consolidation in the Ground Transportation Sector Subject to Remedies - The companies are two global suppliers of signalling systems for mainline and urban railway...more

McDermott Will & Emery

International Legal Highlights | Winter 2023

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THE EUROPEAN COMMISSION PUBLISHES FINAL IMPLEMENTING REGULATION ON PROCEEDINGS PURSUANT TO THE FOREIGN SUBSIDIES REGULATION - On July 10, 2023, the European Commission (the “Commission”) published its final regulation for...more

K&L Gates LLP

Brussels Regulatory Brief: August-September 2023

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ANTITRUST AND COMPETITION - The European Commission’s Merger Simplification Package Enters Into Force - On 20 April 2023, the European Commission (Commission) adopted a new legislative package that entered into force on 1...more

BCLP

Another SIEC in the wall - the ECJ’s judgment in CK Telecoms

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Save for the Commission’s decision in M.8792 (Tele2 NL/T-Mobile NL) which cleared the acquisition of Tele2 NL by T-Mobile NL without remedies, the Commission has historically blocked or accepted divestment/behavioural...more

K&L Gates LLP

Between a Bock and a Hard Place: Does Europe's Resale "Pint" Maintenance Decision Mean More Resale Pricing Control for Suppliers?

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In late June 2023, Europe’s highest court confirmed in a hotly anticipated judgment involving leading Portuguese beer and beverage producer Super Bock Bebidas that resale price maintenance (RPM)—namely the vertical fixing of...more

McDermott Will & Emery

EU Top Court Sheds Light on Untested Crossroads Between Competition and Privacy Law

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On July 4, 2023, the Court of Justice of the European Union (CJEU) issued a ruling in the case involving Meta Platforms Inc., Meta Platforms Ireland, and Facebook Deutschland (Meta). The judgement explores the intersection of...more

McDermott Will & Emery

Vertical Agreements & Restriction of Competition by Object: What’s New in Europe?

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On June 29, 2023, the Court of Justice of the European Union (CJEU) delivered a preliminary ruling in the Super Bock Bebidas vs. Autoridade da Concorrência case (C-211/22) on the questions referred by the Tribunal da Relaçao...more

White & Case LLP

EU Court of Justice provides guidance on resale price maintenance under EU competition law – the judgement in Super Bock

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The fact that the European Commission (EC) classified resale price maintenance as a hardcore restriction under its Vertical Block Exemption Regulation does not mean that it automatically violates EU competition law as a "by...more

BCLP

Doing a deal as an abuse of dominance? The ECJ’s decision in Towercast

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On 16 March 2023, the ECJ published its judgment in Towercast (C-449/21), confirming that Article 102 TFEU (which prohibits abuses of a dominant market position) may apply to transactions which fall below national and EU...more

BCLP

The year ahead in Brussels - the European Commission’s expanding scrutiny of M&A

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As we enter 2023, the European Commission is redoubling its efforts to scrutinise transactions on a variety of bases. The focus has been on the digital sector for some time, but the impact of the Commission’s expanding...more

White & Case LLP

European courts clarify the law on anti-competitive rebates

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Key 2022 judgments apply a five-factor analysis outlined by the EU’s highest court in 2017 - The past year has seen a number of judgments by the General Court of the European Union (GC)—the EU's court of first...more

Hogan Lovells

Sport Meets Antitrust: Should monopolistic structures in European sports be questioned?

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In July, the Court of Justice of the European Union ("CJEU") heard not one, but two cases at the intersection between sports and competition law. Both cases seem to have the potential to reshape the governance of professional...more

A&O Shearman

ΑG opines that all of Servier’s pay-for-delay deals were restrictions of competition by object

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On 14 July 2022, Advocate General (AG) Kokott delivered her much awaited (non-binding) Opinions in Cases C-176/19 P, Commission v Servier and Others and C-201/19 P, Servier and Others v Commission. ...more

Hogan Lovells

Sport Meets Antitrust: The European Commission and European football

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The events surrounding the Super League in European football have caused a lot of controversy. Many top clubs have had to take a stand. Fans protested. Even state leaders have had their say. In all this uproar, calls for...more

WilmerHale

The Intel Judgment: (Re)balancing the Burden of Proof

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On January 26, the General Court (GC) of the European Union issued a judgment on remand, annulling the €1.06 billion fine that the European Commission (EC) had imposed on Intel in 2009. Companies commonly use rebates to...more

McDermott Will & Emery

Annual European Competition Review 2021

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CARTELS & RESTRICTIVE AGREEMENTS - EC FINES VALVE AND FIVE PUBLISHERS OF PC VIDEO GAMES FOR GEO-BLOCKING - AT.40413, Focus Home – Video Games; AT.40414, Koch Media – Video Games; AT.40420, Zenimax – Video Games;...more

K&L Gates LLP

The Sumal Case or the Liability of Subsidiaries

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On 6 October 2021, the Court of Justice of the European Union (CJEU or the Court) issued a judgment in case C-882/19 following a request for a preliminary ruling by the Court of Appeal of Barcelona (the Referring Court). ...more

K&L Gates LLP

Brussels Regulatory Brief: October - November 2021

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ANTITRUST AND COMPETITION - The EU General Court Upheld the Commission’s Fines for Gun Jumping - On 25 February 2015, a French telecom company notified to the Commission (its proposed acquisition of a Portuguese multimedia...more

Hogan Lovells

Sport Meets Antitrust: Does the European Sport Model preclude Super League ambitions?

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The “European Super League” is a project that was announced in April this year and then fell apart within a few days. The idea behind it, however, can change European club football, split football’s fan base and shake up the...more

Kramer Levin Naftalis & Frankel LLP

Trucks Cartel: Within Four Months, the CJEU Provides Enlightening Procedural Clarifications on Follow-On Actions Through Two...

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Following record fines imposed by the European Commission on the main European truck manufacturers, under preliminary references, the Court of Justice of the European Union (CJEU) has recently ruled on certain procedural...more

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