News & Analysis as of

Competition Cartels

Chief Compliance Officers Have to Address Criminal Antitrust Risks (Part I of II)

by Michael Volkov on

We often read articles and blog postings about anti-corruption, anti-money laundering, export controls and sanctions compliance issues. The focus on these topics is justified. However, there is one glaring omission –...more

What applies as of when? – When will the 9th amendment of the German Act against Restraints of Competition (GWB) apply?

by Hogan Lovells on

So it has begun. However, when will the new provisions of the 9th amendment of the GWB actually apply? Aside from a number of exceptions, the 9th amendment will come into force on the day following its promulgation. But, a...more

The return of the kin liability (Sippenhaft) – Liability of parent companies after the 9th amendment of the German Act against...

by Hogan Lovells on

The Middle Ages are regarded as the golden age of the kin liability (Sippenhaft) in Germany. According to the principle of kin liability, family members had to stand up for the actions of their relatives, regardless of...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

(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

Tell me more, tell me more…The right to obtain information according to the 9th amendment of the German Act against Restraints of...

by Hogan Lovells on

Bye bye trade secrets? In the new ARC, confidential information and trade secrets still enjoy special protection. The reason is clear: as soon as secret information is revealed, it becomes obvious and, as such, is no longer...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

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

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Summer 2017

by Hogan Lovells on

Read the latest news on antitrust, competition and economic regulation (ACER) in this summer's edition of our quarterly ACER newsletter. Please see full Publication below for more information. ...more

European Competition Law Newsletter – May 2017

by McGuireWoods LLP on

Illegal Distribution Activities in the Spotlight Across the EU - Online and offline distribution issues remain a key focus of competition law regulators in the EU. This has been demonstrated yet again in recent weeks,...more

EU Commissioner Warns Companies of Potentially Unlawful Use of Pricing Algorithms

by K&L Gates LLP on

On 16 March 2017, EU Competition Commissioner Margrethe Vestager gave a speech on algorithms and competition at the Bundeskartellamt's 18th Conference on Competition in Berlin, during which she discussed the potentially...more

Damages Directive and competition claims

by Allen & Overy LLP on

The Damages Directive came into force in the UK on 9 March 2017. This change is important, as the risk of competition claims is likely to increase steadily across the EU. What may be less obvious, but is equally significant,...more

Price Setting Bots Aren’t Price Fixing Bots, and Airline Tariff Publishing is Wrong

by Kelley Drye & Warren LLP on

On Thursday, March 16, 2017, in a speech at the Bundeskartellamt’s 18th Conference on Competition, European Commissioner for Competition, Margrethe Vestager, discussed the specter of automated price fixing cartels. She...more

EU antitrust enforcement 2.0 – European Commission raises concerns about algorithms and encourages individual whistleblowers

by Hogan Lovells on

The European Competition Commissioner Margrethe Vestager has emphasised two important developments for EU antitrust enforcement, which have emerged from technological advancements: The Commission is taking proactive...more

Significant Competition Law Changes In Germany

by Morrison & Foerster LLP on

On March 9, 2017 the German Federal Parliament passed the ninth amendment to the Act against Restraints of Competition (ARC) (Gesetz gegen Wettbewerbsbeschränkungen). The amendment is expected to come into force in Q2/2017...more

Higher Penalties, Construction, Health and Energy: the ACCC Sets its Enforcement Priorities for 2017

by K&L Gates LLP on

In brief: - On 24 February, the ACCC unveiled its Enforcement and Compliance priorities for 2017. - The ACCC's enforcement activities in 2017 will continue to target larger companies causing harm to consumers and...more

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Winter 2017

by Hogan Lovells on

FTC takes another look at merger remedies - On 3 February 2017, the U.S. Federal Trade Commission (“FTC”) released its Merger Remedies Study, which analyzed the success of merger remedies imposed by the FTC from 2006 to...more

EU Antitrust Continuity Potentially Threatened by Brexit

by Foley & Lardner LLP on

Our second antitrust outlook-focused post reflects on how we expect 2017 to continue to shape up as a year in which competition policy and enforcement will face increased uncertainty and complexity, specifically with respect...more

McDermott EU Competition Annual Review 2016

by McDermott Will & Emery on

It is difficult for General Counsel and their teams to monitor all new developments adequately. With the growth of the Internet and the daily updates to EU competition rules, everyone receives and has access to masses of...more

Top 12 EU Legal Developments to Watch in 2017

Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017. These challenges may have an impact on your...more

Changes to Polish Antimonopoly Law in a Nutshell

by McDermott Will & Emery on

The Polish Office of Competition and Consumer Protection (Urzad Ochrony Konkurencji i Konsumentów, “UOKiK”) has recently published its 2015 annual report presenting its first experiences with the recent amendments to Polish...more

EU Legal Developments That May Impact Your Business in 2017

Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017. These challenges may have an impact on your...more

Asian supply chains and the territorial limits of EU competition law

by Allen & Overy LLP on

A supply chain where goods, which were the subject of a cartel, were sold by the defendants in Asia and then indirectly resold to the claimants in the EEA did not amount to “implementation” of the cartel in the EEA and so...more

General Court Confirms that the Commission May Rely on Lawfully Seized Recordings Even if Made Unlawfully by a Third Party

by McDermott Will & Emery on

On 8 September 2016 the General Court (“GC”) dismissed Heiploeg’s appeal against the European Commission’s (“Commission”) decision in Shrimps (AT.39633) and confirmed that the Commission may rely on recordings seized lawfully...more

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