European Union 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 -
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Antitrust and Competition Newsletter - October 2014 (Global)

Recent U.S. Criticism of China’s Enforcement of Its Antitrust Laws Against Foreign Companies - For some time, many in the antitrust community have expressed concerns about how China is enforcing its antitrust laws...more

Private antitrust enforcement in Switzerland

There is a wide range of remedies under Swiss competition law for business litigants. Inventive remedies include compelled access to what American antitrust lawyers would call an “essential facility.” But recent proposed...more

ICA approves commitments in relation to the supermarket alliance

On 4 December 2013 the Italian Competition Authority (ICA) opened an investigation into one of the Italian largest joint purchasing groups, Centrale Italiana....more

“By Object” Restrictions of Competition Revisited: European Court of Justice Endorses Narrow Interpretation

EU High Court adopts narrow interpretation of “by object” restrictions and boosts effects-based approach with significant implications for cooperation/joint venture agreements. The European Court of Justice has...more

New Italian Competition Authority’s Regulation on Legality Rating Certification

On 4 July 2014, the new regulation on legality rating certification by the Italian Competition Authority entered into force. The legality rating is designed to facilitate companies’ access to credit from banks and public...more

Orrick's Antitrust and Competition Newsletter - June 2014 (Global)

Opt-Out Antitrust Class Actions — A U.S. Perspective on the Consumer Rights Bill Pending in UK's Parliament - Will opt-out class actions proposed by the UK Parliament’s Consumer Rights Bill bring the dreaded U.S.-style...more

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

The Case of Ophthalmic Drugs in Italy and France: A Lesson to Learn - Parallel Antitrust Investigations and Cooperation Between...

The recent investigations into two pharmaceutical companies active in the ophthalmic drugs market in Italy and France serve as a reminder of the cooperation that takes place between national competition authorities....more

Antitrust Matters - April 2014 (Global)

Welcome to the second issue of our global competition and antitrust law newsletter Antitrust Matters. The importance and shifting nature of antitrust problems facing companies and individuals is by its nature, a work in...more

EU nears finalisation of new law to promote anti-trust claims

Member States’ ambassadors to the EU, known as the Committee of Permanent Representatives, have endorsed the agreement between the Council Presidency and representatives of the European Parliament on a proposed new EU...more

Beware of Public Announcements! Recent European Competition Developments on Price Signalling

Forward public announcements of prices and outputs are common in many industries. The effect of such announcements on competition has traditionally been considered ambiguous. Partly for that reason, simple price announcements...more

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

Significant fines for individuals managing companies soon to be introduced under Polish Competition Law

On 19 February 2014, the second reading of the draft law on competition and consumers protection in the Polish Parliament was completed. The current shape of the proposed provisions does not essentially differ from the...more

The International Comparative Legal Guide to: Cartels & Leniency 2014 7th Edition: Chapter 27 - Netherlands

1 The Legislative Framework of the Cartel Prohibition - 1.1 What is the legal basis and general nature of the cartel prohibition, e.g. is it civil and/or criminal? The Dutch Competition Act (‘DCA’) is based on...more

Reverse payment deals under the microscope in the EU

Lessons from the latest Commission decision on agreements affecting generic entry: - The European Commission’s crack down on so-called “reverse payment” agreements continues. - In the EU these agreements may...more

The Dutch Competition Agency Focuses on Anticompetitive Signaling

The Netherlands Authority for Consumers and Markets (ACM) – the Dutch competition agency – has indicated that public statements about future market behavior could infringe competition law. This is the first time an EU...more

Italian Competition Authority Releases New Guidelines on Competitive Bids

On 26 October 2013, the Italian Competition Authority (the Authority) published its new guidelines on competitive bids. The guidelines are intended to help contracting entities to recognise and inform the Authority of...more

Competition Law Around The World: A Close Look At The Latest In Brazil, Italy And Spain

Throughout the coming months, we will be reporting on developments in antitrust and competition law – and how these changes affect your business – not only in the US but worldwide. Today’s update looks at the status of...more

Business Litigation Report -- September 2013

In This Issue: ..Private Antitrust Litigation in the UK ..First Decision by PTO Under America Invents Act Invalidates Business Method Patent ..September 2013: Bankruptcy & Restructuring Litigation...more

Antitrust and Competition Newsletter - October 2013

Top Story - Six Months Since Comcast: What Do Recent Decisions Mean For Antitrust Practitioners? Every antitrust lawyer should be familiar with the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133...more

Giving Teeth To The General Court’s Unlimited Jurisdiction To Review Competition Law Fines: Advocate General Wathelet’s Opinion In...

The level of fines imposed by the European Commission in competition cases has attracted controversy for more than ten years. The often deferential approach of the European courts to hearing appeals has also been criticised,...more

The European Antitrust Review - 2014: Italy: Cartels

Anti-competitive behaviours such as price fixing, sharing markets and horizontal agreements between undertakings aiming to agree commercial strategies and policies are considered the most harmful infringements of competition...more

The Mergers & Acquisitions Review - Seventh Edition: Chapter 16: Cayman Islands

I OVERVIEW OF M&A ACTIVITY - Despite signs of a stabilising economy, the Cayman Islands witnessed a 1 per cent decrease in new company registrations in 2012 compared to 2011; 8,971 new companies were incorporated...more

Italy: Special price claims might be misleading

Advertised special discounted prices of an online travel website have been challenged by the Italian competition authority (AGCM) that has jurisdiction also on misleading advertising since the claim omitted to mention that...more

Protecting Trade Secrets In Germany

As Europe’s largest economy, one might expect Germany to provide robust protection of intellectual property assets such as trade secrets....more

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