News & Analysis as of September 25, 2024

European Union › Remedies

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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 -

U.K. antitrust regime revamp

A&O Shearman on 6/3/2024

The Digital Markets, Competition and Consumers Act 2024 will in the main start to take effect in stages later in 2024 and will bolster the powers of the Competition and Markets Authority (CMA) to enforce U.K. antitrust rules....more

Deemed fulfilment is a legal fiction which is not part of English law

A&O Shearman on 1/10/2024

The High Court has ruled that English law does not recognise a doctrine that deems conditions precedent to a debt as having been fulfilled where the reason they have not been is the fault of the person that would owe the...more

Key Insights for Dealmakers Confronting Washington’s Aggressive Approach to Merger Reviews

Skadden, Arps, Slate, Meagher & Flom LLP on 11/14/2023

As part of the Biden administration’s avowedly aggressive approach to antitrust enforcement, it has challenged a number of high-profile mergers in court over the past two and a half years. While the track record of the...more

Class Actions Worldview - A Study of Trends Around the Globe - Part I: Class Actions in the United States and the European Union

Jones Day on 8/9/2023

Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

Antitrust & Competition Technology Quarterly Update - Q1 2023

Goodwin on 6/15/2023

The start of 2023 has been a busy one, with global antitrust agencies advancing investigations and challenging a number of technology acquisitions. Future antitrust enforcement could also be shaped by new digital market...more

2022 Design Patents Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/21/2023

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

5 Major Drug and Device Developments of 2022

Faegre Drinker Biddle & Reath LLP on 12/23/2022

As we ring in the new year, it is time once again to reflect on some of the most significant legal developments for drug and device companies this year. The list below is by no means exhaustive (who could forget the Rule 702...more

US and EU Regulators Increase Scrutiny of Vertical Mergers

Skadden, Arps, Slate, Meagher & Flom LLP on 12/19/2022

US Regulators Pursue an Expansive View of Antitrust Laws - For almost two years, industry participants have felt the effects of the Biden administration’s “big is bad” approach to antitrust — not only in technology sectors,...more

Lessons from the EU General Court’s recent rejections of two appeals of merger prohibitions (Wieland, Thyssenkrupp)

White & Case LLP on 9/19/2022

On 18 May and 22 June 2022, the EU General Court upheld two European Commission prohibition decisions. Both judgments endorsed the European Commission's assessment of the mergers at issue, recognising a broad margin of...more

JONES DAY PRESENTS®: Trade Secret Enforcement in the United Kingdom

Jones Day on 9/16/2020

Trade secret misappropriation matters in the United Kingdom are governed by the EU's Trade Secrets Directive, which stipulates basic requirements for protection and enforcement across Europe. Partner Rebecca Swindells talks...more

On Your Skates! Lessons for Sports Governing Bodies and Event Organisers from the European Commission's ISU Decision

White & Case LLP on 7/25/2020

In the International Skating Union case, the European Commission investigated the compatibility of the ISU’s Eligibility Rules with EU competition law following a complaint by two Dutch ice speed skaters. Upon finding the...more

Recent judgment from the CJEU may have consequences for preliminary injunctions in Denmark

International Lawyers Network on 12/5/2019

In a recent judgment from The Court of Justice of the European Union (the “CJEU”) in case C-688/17, the CJEU had the chance to provide an interpretation of adequate compensation contained in article 9(7) of Directive 2004/48...more

A further step towards an EU-wide collective action

Hogan Lovells on 12/3/2019

Recently, representatives of EU member states agreed on a mutual position regarding the Commission's Proposal for a Directive on representative actions for the protection of the collective interests of consumers, and...more

DAMITT Q3 2019: Trump administration efforts to block mergers nears record; EU divestitures increasingly require preapproved...

Dechert LLP on 11/8/2019

Fast Facts - United States - - The Trump administration’s efforts to block mergers near record, with 5 significant investigations resulting in complaints in 2019 YTD. - The number of significant antitrust merger...more

DAMITT Q2 2019: New Industry Analysis Sheds Light on Significant Investigations By Sector

Dechert LLP on 7/31/2019

Fast Facts - United States - U.S. antitrust enforcement agencies concluded 20 “significant investigations” during the rolling-twelve months (RTM) ended Q2 2019, down from 28 for the RTM ended Q2 2018....more

Global Patent Prosecution - July 2019: Foreign Filing Requirements in Europe

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 7/16/2019

This article discusses foreign filing requirements in Europe—in particular, the United Kingdom and Germany. Assuming each is the country of invention, the following questions are explored for each jurisdiction: (1) who needs...more

Chapter 16: Remedies and sanctions – Unlocking the EU General Data Protection Regulation

White & Case LLP on 4/24/2019

Why does this topic matter to organisations? Whereas the remedies and sanctions available to DPAs under the Directive were comparatively low (generally subject to a maximum of less than €1 million per infringement, with...more

One step closer to group actions (collective redress) in the EU

White & Case LLP on 4/8/2019

On March 26th 2019, the European Parliament approved in a plenary vote rules allowing groups of consumers harmed by illegal practices to launch collective actions and seek compensation....more

Netherlands: Getting the most out of the new trade secret protection act

Hogan Lovells on 3/8/2019

The new Trade Secret Protection Act came into force recently in the Netherlands. The Act is an implementation of the EU Trade Secrets Directive, which seeks to improve and harmonise the standards of protection of trade...more

GDPR Collective Civil Claims Present Potential for Reputational Risk and ‘Ruinous’ Damages

Skadden, Arps, Slate, Meagher & Flom LLP on 2/8/2019

While much attention has been paid to the maximum level of administrative fines under the General Data Protection Regulation (GDPR) — up to 4 percent of total worldwide annual turnover — the regulation also provides for...more

DAMITT 2018 Review: No Trump Effect Yet, But Some EU Durations Decrease; Brexit Looms with Potentially Significant Implications

Dechert LLP on 1/30/2019

Fast Facts - In the U.S., the number of significant antitrust merger investigations in 2018 reached a near-record low over DAMITT’s eight years of data, while their average duration remained near the record high. - In...more

Decisive step toward a European collective redress mechanism such as group or class actions

White & Case LLP on 1/15/2019

On 7 December 2018, the European Parliament's Legal Affairs Committee passed a legislative proposal to allow collective redress, such as group or class actions, moving the European Union closer to having a bloc-wide regime....more

Publication of the Decree on the Protection of Trade Secrets in France

White & Case LLP on 1/8/2019

Following the promulgation of Law n°2018-670 on the Protection of Trade Secrets on 30 July 2008 transposing the provisions of Directive (EU) 2016/493 of the European Parliament and of the Council of 8 June 2016 on the...more

DAMITT Q3 2018: U.S. Antitrust Agencies Announce Merger Review Reforms in Response to DAMITT Findings Number and Duration of...

Dechert LLP on 10/13/2018

Citing findings from the Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) that have demonstrated a marked increase in the duration of significant merger investigations in recent years, DOJ Assistant Attorney...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Dechert LLP on 8/6/2018

BMF starts consultation of tax circular on investment tax act with associations - The BMF (Federal Ministry of Finance) sent an updated draft tax circular on 15 June 2018 to industry associations. The updated draft...more

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European Union › Remedies

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