News & Analysis as of

Competition European Union

The connected car: How European data protection, smart transport systems, and competition law intersect

by Hogan Lovells on

In this hoganlovells.com interview, partner Winston Maxwell and counsel Gianni De Stefano discuss how European data protection, smart transport systems, and competition law intersect and the impact they will have on the...more

European General Court Rules (again) on Mandatory Access and Interoperability in Software Industry

by Jones Day on

The Ruling: A recent European General Court decision provided valuable guidance on applying abuse of dominance rules (Article 102 TFEU) in the context of software products and provided some welcome clarifications regarding...more

European M&A Market Insights, Summer 2017

by Morrison & Foerster LLP on

Germany Strengthens Foreign Investment Control: New Rules to Thoroughly Screen Investments in Enlarged Number of Key Industries - Germany ends its longtime liberal approach to foreign investments by increasing its...more

Key Regulatory Topics: Weekly Update - 29 July 2017 – 3 August 2017

by Allen & Overy LLP on

BREXIT - HM Government to introduce an International Sanctions Bill - On 2 August, the government published plans for a bill that would give it the legal power to impose sanctions after it leaves the EU. The Queen's...more

European Competition Law Newsletter – August 2017

by McGuireWoods LLP on

Restrictions on Resellers’ Use of Third-Party Internet Platforms - On 26 July 2017, Advocate General (AG) Nils Wahl of the European Court of Justice (ECJ) handed down his opinion in the seminal Coty case concerning...more

EU & Competition Update: Developments in regulating e-commerce, a quick tour of the European Commission’s final report (Dutch)

by Dentons on

In order to make the EU’s single market fit for the contemporary digital age, the European Commission adopted in 2015 the ‘digital single market strategy’. One of the three pillars of this strategy is to achieve better access...more

EU & Competition Update: Developments in regulating e-commerce, a quick tour of the European Commission’s final report

by Dentons on

In order to make the EU’s single market fit for the contemporary digital age, the European Commission adopted in 2015 the ‘digital single market strategy’. One of the three pillars of this strategy is to achieve better access...more

What EU‘s Fine of Google $2.7 Means for Antitrust Exposure

by Kelley Drye & Warren LLP on

The European Commission has fined Google €2.42 billion ($2.7 billion) after concluding the company had abused its dominance in search. According to a letter from the EC announcing the results of its investigation, Google has...more

Brussels Regulatory Brief: July

by K&L Gates LLP on

On 10 May 2017, the European Commission (“Commission”) published its final report (“Report”) concluding a wide-ranging two-year long inquiry into e-commerce (“Inquiry”). During the Inquiry – which was conceived as part of the...more

European Competition Law Newsletter – July 2017

by McGuireWoods LLP on

More EU Investigations Into Licensing and Distribution Practices - During June 2017, the European Commission launched yet more competition law investigations into licensing and distribution practices in the EU. The four...more

Lost in the woods? Special treatment for the press, cooperative and savings bank associations and the timber industry in German...

by Hogan Lovells on

Current legislative changes in the German Competition Act and the Federal Forest Act bring a set of new antitrust exemptions. We briefly present them in our blog...more

Mind the gap – New Size-of-Transaction Test in German merger control

by Hogan Lovells on

New German competition law: Germany takes a pioneering role in adapting its competition law to the digital economy (Part 1) - On 9 June 2017, the 9th amendment of the German Act Against Restraints of Competition (ARC)...more

EU Telecoms Regulation Based on Unilateral Market Power Would be Contrary to EU Law

The existing EU regulatory framework for electronic communications obliges the EU Member States to provide in their national laws for certain powers and responsibilities of national regulatory authorities (“NRA”), in...more

No limits..? The limitation rules for cartel (damages) claims after the 9th reform of the German Competition Act (ARC)

by Hogan Lovells on

At first glance, not a stone seems to be left standing. The new sec. 33h ARC hardly bears any resemblance with the old sec. 33 para. 5 ARC, the to date only special limitation rule applicable to cartel damages claims in the...more

French Legal and Regulatory Update - May 2017

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for May 2017. Please see full...more

(No) need to argue – What is certain, what is presumed and what can be estimated in cartel damage litigation after the 9th...

by Hogan Lovells on

Where is no plaintiff, there is also no judge: Private enforcement of competition law presupposes that there are plaintiffs who take a cartel to court. Plaintiffs exist where actions are worth it. Cartel victims may obtain...more

Plaintiff's paradise? – The passing-on defense after the 9th amendment of the German Act against Restraints of Competition (GWB)

by Hogan Lovells on

Cartelists facing damage claims by their customers regularly defend themselves with the objection of the so-called passing-on defense. According to such objection, a purchaser of the cartel cannot claim damages in so far as...more

Transposition of Directive on Antitrust Damages Actions: Some thoughts

by Allen & Overy LLP on

On 26 May 2017, the Spanish Government enacted the Royal Decree 9/2017 (the Royal Decree) implementing into Spanish law certain European Directives, amongst them, the Directive 2014/104/EU on actions for damages for...more

Private Enforcement of Claims for Competition Law Infringement has Become a Fact in Poland - Will Polish Courts be Overwhelmed...

by K&L Gates LLP on

Last week (on June 5, 2017) the President of Poland signed the Act on actions for damages for infringements of competition law (the “Act”). The Act will enter into force 14 days from its announcement in the Journal of Laws...more

Reform of German Competition Law

by McDermott Will & Emery on

A number of amendments to the German competition law (Amendment) entered into force on 9 June 2017. The key changes are: ..Merger control: Introduction of a new “size of transaction”-threshold...more

European Competition Law Newsletter – June 2017

by McGuireWoods LLP on

EU Regulators Open Pharma Pricing Investigations Focusing on Abuse of Dominance - The European Commission and UK Competition and Markets Authority (CMA) have both opened new investigations into alleged abuses of...more

Facebook Fined for WhatsApp Data Linking Fallout

by Alston & Bird on

On 18 May 2017, the European Commission (“Commission”) fined Facebook €110 million ($122 million) for misrepresentations made in its application for competition clearance of the company’s acquisition of WhatsApp. In its...more

Impact of Online Sales Restrictions on EU and German Competition Enforcement

by Reed Smith on

In the course of its E-commerce Sector Inquiry (Sector Inquiry) launched in May 2015, the European Commission gained an insight into the standard business practices engaged in by producers of consumer goods when distributing...more

Facebook Is Fined US$122 Million by European Commission for Misleading Information in WhatsApp Merger Review

by Reed Smith on

Facebook is faced with a fine of EUR110 million (US$122 million) for providing misrepresentative or incorrect information to the European Commission when it filed the acquisition of WhatsApp for merger approval in...more

The European Commission Announces Further Competition Enforcement Following its E-Commerce Inquiry: Considerations for Consumer...

by K&L Gates LLP on

On 10 May 2017, the European Commission (the “Commission”) published its final report (“Final Report”) concluding its wide-ranging, two-year long inquiry into e-commerce (“Inquiry”). The Final Report offers key insights into...more

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