Competition European Union

News & Analysis as of

Europe's Highest Court Recently Delivered a Judgment Imposing Affirmative Duties on SEP Holders

The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply in order to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)- Standards lie at the heart...more

ECJ rips up Orange Book! New standards in Europe for SEP injunctions

Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE1...more

Communications Networks – update on UK and EU regulatory reviews

In March, Ofcom announced its decision to undertake a strategic review of the telecommunications sector, having not carried out such a review since 2005. In parallel, the EU is currently reviewing regulation within the...more

ECJ Decision in LCD Cartel Case Affirms Potential for Higher Fines to be Imposed on Vertically Integrated Companies

Decision allows Commission to consider sales of products incorporating cartelized goods when calculating cartel fines for a vertically integrated group selling the “transformed product” in Europe. On 9 July 2015, the...more

The European Commission's Digital Single Market Strategy and its impact on your business

The Strategy contains several key actions under three pillars and the Commission will set out to make a number of relevant legislative proposals in this regard. As a first step to implement the Strategy, also on 6 May 2015,...more

EU Seeks to Balance Emissions Controls and Global Competitiveness

The European Union has placed a growing emphasis on climate change policies in recent years, and the week of June 15–19 marks the 10th annual European Union Sustainable Energy Week focusing on “sustainable mobility,”...more

Antitrust & Competition Newsletter - April 2015

U.S. Supreme Court Holds That State Action Immunity Does Not Apply to State Boards If the Board Is Controlled by Active Market Participants - On Feb. 25, 2015, the U.S. Supreme Court held, in a 6-3 decision, that a state...more

EU Competition Commissioner proposes a competition inquiry in the e-commerce sector

On 26 March 2015, the European Commissioner in charge of competition policy, Margrethe Vestager, announced a potential competition inquiry in the e-commerce sector. According to the Commission, the proposed inquiry is aimed...more

EU Investigates Tax Rulings for Breach of State Aid Rules

The European Commission is currently conducting in-depth investigations into whether national tax rulings breach the EU’s competition rules. Whilst the spark for these investigations was the “Luxleaks” scandal, in December...more

Newsletter: January 2015

In This Issue: - Main Article: ..EC Competition Law: Latest Developments Provide Ever Greater Opportunities for Private Enforcement - Noted With Interest: ..The Strategy of Lone Pine Orders: Timing...more

"Antitrust and Competition: Surveying Global M&A Enforcement Trends"

US: Continuation of Aggressive Review and Enforcement - In 2014, the U.S. Department of Justice’s Antitrust Division (DOJ) and the Federal Trade Commission (FTC) further embraced their aggressive approach to merger...more

New EU Directive Promoting Antitrust Damage Claims

Today, the EU considers that those affected by competition law infringement in some Member States are not able to effectively exercise their right to compensation. New EU legislation seeks to address obstacles to successful...more

Italian Competition Authority Issues Guidelines on Antitrust Infringement Fines

On 31 October 2014, the Italian Competition Authority published its long-awaited guidelines on the method for setting fines for antitrust infringements (Guidelines), which present important changes to the current fining...more

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

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