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Competition European Commission European Court of Justice (ECJ)

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Blocked From Reviewing Below-Threshold Mergers

On September 3, 2024, the European Union’s Court of Justice (ECJ) issued its highly anticipated judgment in the Illumina/Grail case (C-611/22 P and C-625/22 P) concerning the European Commission’s (EC’s) power to review...more

Mayer Brown

Below the thresholds but on the radar | What’s next after the ECJ's Illumina/Grail judgment?

Mayer Brown on

With its eagerly-awaited Illumina/Grail judgment on 3 September 2024, the Court of Justice of the European Union (“ECJ”) closed a transatlantic saga and rejected the European Commission's ("Commission") extended...more

Wilson Sonsini Goodrich & Rosati

Illumina/Grail: EU Court Overturns Below-Threshold Merger Review Policy

On September 3, 2024, the EU’s highest court, the European Court of Justice (ECJ), ruled that the European Commission (EC) had no jurisdiction to review Illumina’s acquisition of Grail, overturning the EU’s revised Article 22...more

K&L Gates LLP

Court of Justice Confirms European Commission's Duty to Pay Interest Over Unlawfully Levied Fines

K&L Gates LLP on

In the recent years we have seen exponential increases in the amount of fines imposed by the European Commission (Commission) for infringements of competition rules, fines in the range of hundreds of millions or even billions...more

A&O Shearman

New twist in the Illumina/GRAIL saga: Advocate General challenges European Commission’s power to review below-threshold mergers

A&O Shearman on

In a much-anticipated opinion, Advocate General Nicholas Emiliou (AG) has advised the European Court of Justice (ECJ) to set aside the General Court (GC)’s Illumina/GRAIL judgment. The AG is of the view that the European...more

Mayer Brown

Europe's Highest Court Affirms 'Broad' Opportunities for Intervention by Professional Associations

Mayer Brown on

Introduction - Allowing third parties to intervene in front of judges raises several issues of fundamental importance. For example, the need for decision makers to have access to all relevant information, and the...more

K&L Gates LLP

Brussels Regulatory Brief: Winter 2023-2024

K&L Gates LLP on

Antitrust and Competition - The European Court of Justice Held Rules Set by Sports Governing Bodies Must Comply With EU Competition Law - On 21 December 2023, the European Court of Justice (ECJ) held in a preliminary ruling...more

A&O Shearman

ECJ’s “gun jumping” ruling reminds merging parties of the importance of EU merger control compliance

A&O Shearman on

The European Court of Justice (ECJ) has (mostly) confirmed the European Commission (EC)’s decision to fine Altice for implementing a transaction prior to its notification and the EC’s merger control clearance....more

A&O Shearman

Third annual report on EU foreign investment reveals a significant increase in formal screenings

A&O Shearman on

The European Commission (EC)’s third annual report on EU foreign direct investment (FDI) screening covers the operation of the screening mechanism in 2022. Together with a Commission Staff Working Document, it details...more

Jones Day

ECJ Antitrust Ruling Not Likely to Jump-Start EC Deal Challenges in "Gap Cases"

Jones Day on

In Short - The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in...more

K&L Gates LLP

Brussels Regulatory Brief: June-July 2023

K&L Gates LLP on

ANTITRUST AND COMPETITION - The Court of Justice Overturns the General Court’s Judgment Annulling the European Commission’s Prohibition Decision in the Telecom Sector - On 13 July 2023, the European Court of Justice (ECJ) set...more

A&O Shearman

ECJ confirms no higher standard for blocking mergers short of dominance

A&O Shearman on

On 13 July 2023, the European Court of Justice (ECJ) gave judgment on the long-running litigation between CK Hutchison and the European Commission (EC), arising out of the EC’s 2016 decision to prohibit CK Hutchison (owner of...more

White & Case LLP

EU Court of Justice in CK Telecoms sides with the European Commission's approach to mergers in oligopolistic markets

White & Case LLP on

The EU Court of Justice in the CK Telecoms1 ruling has addressed key questions of EU merger control, including the standard of proof for the European Commission to challenge a merger, the assessment of mergers below the...more

BCLP

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

BCLP on

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

White & Case LLP

EU Court of Justice provides guidance on resale price maintenance under EU competition law – the judgement in Super Bock

White & Case LLP on

The fact that the European Commission (EC) classified resale price maintenance as a hardcore restriction under its Vertical Block Exemption Regulation does not mean that it automatically violates EU competition law as a "by...more

White & Case LLP

ECJ Advocate General supports the European Commission’s broad interpretation of gun-jumping and the importance of deterrence in...

White & Case LLP on

Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court's Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants...more

A&O Shearman

The European Court of Justice Resurrects an Old Tool to Tackle Below Threshold Mergers

A&O Shearman on

Overview - - The European Court of Justice (CJEU) brought back to life an old theory which allows acquisitions, which fall below EU and national merger control thresholds, to be challenged post-completion under abuse of...more

White & Case LLP

European Court of Justice confirms that national authorities can review ex-post below-threshold mergers under abuse of dominance...

White & Case LLP on

The long-awaited European Court of Justice's judgment in Towercast confirmed that national competition authorities (and national courts) can apply abuse of dominance rules to mergers that did not trigger EU and national...more

Wilson Sonsini Goodrich & Rosati

European Court Expands Legal Professional Privilege in the EU

In a recent judgment, the European Court of Justice (ECJ) expanded the scope of Legal Professional Privilege (LPP) in the EU, recognizing that it is not limited to advice given for the purpose of defense but covers all...more

White & Case LLP

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

White & Case LLP on

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

Kramer Levin Naftalis & Frankel LLP

The European Court of Justice Resolves Certain Conflicts of Temporal Application of the “Damages” Directive

The European Court of Justice (ECJ) issued a judgment on June 22, 2022 (C-267/20), regarding an action for damages, based on Directive 2014/104/EU (Directive), seeking compensation for the damage caused by the truck cartel....more

White & Case LLP

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

White & Case LLP on

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

Morrison & Foerster LLP

Sustainability and Antitrust – What Companies Need to Know About Sustainability Collaborations in Europe

Becoming more sustainable is an epic task. Not only for governments, but for society as a whole. Companies notice this as customers are increasingly demanding sustainable products....more

Skadden, Arps, Slate, Meagher & Flom LLP

EU General Court Overturns Intel Antitrust Fine

On January 26, 2022, the EU General Court (the Court) annulled the European Commission’s (the Commission) decision that Intel had abused its dominant position regarding its x86 central processing unit (CPU) computer chips and...more

Hogan Lovells

Wage Watchers nun auch in Brüssel - EU Kommission nimmt Absprachen im Personalbereich in den Fokus

Hogan Lovells on

Absprachen im Personalbereich rücken zunehmend in den Fokus der Kartellbehörden. EU Wettbewerbskommissarin Margrethe Vestager hat jüngst am 22. Oktober 2021 in einer Rede in Rom ("A New Era of Cartel Enforcement")...more

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