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Anti-Competitive European Court of Justice (ECJ)

A&O Shearman

Review of below-threshold mergers creates uncertainty

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Antitrust authorities continue to use powers to review deals that fall below merger control filing thresholds. For merging parties this means uncertainty. It is crucial that the possibility of review – including a...more

A&O Shearman

Antitrust in focus - November 2023

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. Börries Ahrens, partner based in Hamburg, is our editor this month. He has selected: Significant reforms to German...more

BCLP

Formalism on the Chopping Bock - the ECJ’s judgment in Super Bock

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The ECJ’s recent preliminary ruling in C-211/22 - Super Bock Bebidas (“Super Bock”) is significant for businesses and competition authorities. It is well-established that categorisation of conduct as a ‘by object’...more

Stinson LLP

Do Not Pass Go: The Plight of New Soccer Competitions in Europe

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The 2022 FIFA World Cup wasn’t the only showdown being watched by soccer fans last year. Indeed, sports fans and antitrust watchers alike are awaiting a final decision from the European Court of Justice (ECJ) regarding the...more

White & Case LLP

AG opinion sides with UEFA in the Super League case

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In two separate non-binding opinions in Super League and International Skating Union issued on 15 December 2022, Advocate General Rantos concluded that sports federations can – under certain circumstances – impose...more

White & Case LLP

ECJ Advocate General recommends setting aside the CK Telecoms judgment and endorsing the European Commission’s established...

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Advocate General Kokott has found that the General Court erred in law in requiring the European Commission to show anti-competitive effects of a merger with “strong probability” and that the scope of its judicial review was...more

White & Case LLP

ECJ Advocate General proposes that non-reportable transactions could be caught by abuse of dominance rules

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Advocate General Juliane Kokott has proposed that the EU Court of Justice should find that competition authorities have the power to apply Article 102 TFEU to corporate transactions that are not reportable, and test under...more

Hogan Lovells

Pay for delay and document retention - The ECJ‘s Lundbeck decision

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In the much-anticipated Lundbeck case (i.a. C-591/16 P), the European Court of Justice (“ECJ”) on 25th March 2021 confirmed the decision of the European Commission (“Commission”) to impose fines on Lundbeck and several...more

White & Case LLP

The ECJ’s Lundbeck judgment offers little new on patent settlements but gives birth to an interesting principle: sector inquiries...

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On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission's decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement...more

Hogan Lovells

Ending the endless: Cartel infringements end when competition is no longer restricted, the ECJ rules

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In previous decisions the European Court of Justice ("ECJ") had ruled that cartel infringements continue as long as they have economic effects. This was partly interpreted to mean that a bid-rigging cartel only ends with the...more

White & Case LLP

Court of Justice ruling in Paroxetine

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The European Court of Justice's ruling in Paroxetine, handed down in record time just before Brexit, confirms the narrow interpretation of restrictions by object given in other recent cases. It also clarified certain issues...more

McDermott Will & Emery

The Re-Awakening of a Once-Dormant Tool?

McDermott Will & Emery on

The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its...more

Jones Day

Interplay Between Antitrust Misconduct's Judicial Review and Private Enforcement: A Hallmark Decision - The Italian State Council...

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In the Italian public enforcement matter La Roche-Novartis v. Antitrust Authority, the State Council (the administrative court of second instance, which has exclusive jurisdiction on antitrust cases) recently issued a...more

White & Case LLP

Who'd have guessed: Coty did not end the debate!

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The e-commerce sector inquiry and inconsistent national case law and enforcement practice have illustrated the need for clarifications and/or reform regarding e-commerce restrictions. Even after the ECJ's Coty judgment, a...more

BCLP

A Heavy Burden: French Company Held Liable for Infringement of Competition Law by Subsidiary Due to Failure to Prove Independence

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It is settled law that the fact that a subsidiary has separate legal personality is not sufficient to exclude the possibility of its anti-competitive conduct being imputed to the parent company. The European Court of Justice...more

Jones Day

Rewarding Loyalty: ECJ Holds that Loyalty Rebates Do Not Per Se Restrict Competition

Jones Day on

The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission's €1.06 billion fine on Intel for abusing its dominant...more

Sheppard Mullin Richter & Hampton LLP

Takeaways from the Intel Judgment on the Legality of Exclusivity Rebates in the EU

According to the longstanding case law of the Court of Justice of the European Union (the “Court”), rebates which are conditional upon a purchaser buying all or most of its requirements from a dominant supplier (so called...more

Jones Day

Antitrust Alert: European Court Of Justice Publishes Long-Awaited Judgment In The Intel Case

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September 2017 What happened? Last week the European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position...more

Jones Day

European Court of Justice Upholds Use of Evidence from Noncompetition Authority

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The European Court of Justice ("CoJ") has upheld the European Commission's use of evidence transmitted by a national authority other than a Member State competition authority in a cartel investigation. The CoJ ruled on April...more

McGuireWoods LLP

European Competition Law Newsletter – February 2017

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February 1, 2017 Table of Contents On 20 January 2017, the UK Competition and Markets Authority (CMA) announced that it has provisionally concluded that two suppliers of cleanroom laundry services in the UK have broken...more

McGuireWoods LLP

European Competition Law Newsletter – August 2016

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Antitrust Liability for the Actions of Third Parties - It is a long-established principle that a company can be liable for the anti-competitive behavior of a third party. Compliance programmes and training, as well...more

BCLP

A right in Germany to sell through online marketplaces?

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On 18 July 2016, Germany moved another step closer to enshrining a right for distributors in selective distribution systems to sell over online marketplaces. This is not sudden move by the German courts, in fact we have...more

McDermott Will & Emery

Online Sales Restrictions Remain a Hot Topic: UK CMA Issues Statement of Objections

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

Dorsey & Whitney LLP

Competition law and commercial property leases

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On 26 November 2015, the Court of Justice of the European Union (CJEU) handed down its judgment in Case C-345/14 Maxima Latvija on the application of competition law to a non-compete clause in a commercial property lease. The...more

Bryan Cave Leighton Paisner

EU & Competition Law Update - February 2016

EU and national leniency applications independent rules ECJ - On the 20 January 2016, the European Court of Justice (ECJ) handed down its ruling on a preliminary reference made by the Italian Council of State on the...more

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