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Competition Infringement

McDermott Will & Emery

Labor Markets in the Focus of European Competition Law

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In May 2024, the European Commission published a Competition Policy Brief classifying certain agreements related to labor markets as serious antitrust infringements. According to the Commission, so-called wage-fixing and...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

Fish & Richardson

ITC Monthly Wrap-Up: March 2023

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The International Trade Commission issued two final determinations in March in the 1265 and 1278 investigations. The Commission found respondents violated Section 337 in the 1265 investigation, but not in the 1278...more

Fenwick & West LLP

Beware of Different Limitations Periods in Employee Trade Secrets Disputes!

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Most lawyers know, at least generally, that IP infringement and misappropriation actions are subject to various statutes of limitations. Patent actions need to be brought within six years, copyright actions within three, and...more

MoFo Life Sciences

Skinny Labels Back In Focus After HHS Report On Addressing Drug Prices

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Skinny labels are back in focus at the White House. On September 9, 2021, the U.S. Department of Health and Human Services submitted its much-anticipated report to the White House Competition Counsel regarding a...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

Spirit Legal

Jurisdiction clarified: International online travel agencies can be sued in Germany for infringement of competition law

Spirit Legal on

On 24 November, the European Court of Justice (ECJ) issued its long-awaited judgment in the “Wikingerhof” case (ref. C-59/19), which had had the German hotel industry on tenterhooks. Although the name might suggest it had...more

Dechert LLP

UK Life Sciences and Healthcare Newsletter: Life Sciences: What's new in France? Avastin/Lucentis case: French Competition...

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On 9 September 2020, the French Competition Authority (“FCA”) issued an infringement decision sanctioning Novartis and Roche with record fines for the pharmaceutical sector in France, totaling 444 million euros, for having...more

Patterson Belknap Webb & Tyler LLP

A Tale of Two Cookies: Third Circuit Dunks Cookie Stick Trade Dress Claims

In a recent decision, Ezaki Glico v. Lotte International American Corporation, the Third Circuit rejected a manufacturer’s claims of trade dress infringement regarding Pocky, a chocolate covered cookie stick which Ezaki Glico...more

Hogan Lovells

Global Trade Secrets Guide 2020

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Businesses are increasingly turning to trade secrets as a mechanism to protect their innovations and know-how. In some cases, trade secrets offer an attractive alternative to patent protection. Companies also recognize the...more

Hogan Lovells

Dutch competition authority imposes fine on company for deleted chat messages during a dawn raid

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The Dutch competition authority (“ACM“) recently confirmed that the obligation to cooperate fully with an inspection/during a dawn raid is of utmost importance and of great relevance to companies under investigation.  On 10...more

Hogan Lovells

The BeNeLux competition authorities issue a Joint Memorandum on competition in a digital world

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On 10 October 2019, the competition authorities of Belgium, the Netherlands and Luxembourg (the "Authorities") issued a "Joint Memorandum" which adds further (BeNeLux) perspective to the on-going debate regarding "competition...more

BCLP

Hong Kong Competition Tribunal’s first infringement decisions a reminder to businesses of the importance of complying with new...

BCLP on

On 17 May 2019, the Hong Kong Competition Tribunal (“the Tribunal”) passed an important milestone when it issued its first two findings of infringement of the city’s competition law regime. The judgments serve as a...more

Hogan Lovells

Lightning fast IP reform in China: Trademark Law and Anti-Unfair Competition Law amended

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On 23 April 2019, both China’s Trademark Law (“TML“) and its Anti-Unfair Competition Law (“AUCL“) were amended. The amendments to the TML are aimed at curbing bad faith trademarks and increasing damages for infringement,...more

Mintz - Intellectual Property Viewpoints

ITC to Review Controversial Apple-Qualcomm Decision

As anticipated, on December 12, 2018, the International Trade Commission (“ITC”) issued a notice to review the Final Initial Determination and Recommended Determination (“FID”) issued by Administrative Law Judge (“ALJ”)...more

Orrick, Herrington & Sutcliffe LLP

Strategic Advice for Defending an Investigation in the U.S. ITC from a Position of Strength

The U.S.-China trade relationship is at an especially unique moment following the countries’ imposition of tariffs on hundreds of billions of dollars of each other’s goods....more

Hogan Lovells

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

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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

Hogan Lovells

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

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

McDermott Will & Emery

McDermott EU Competition Annual Review 2016

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

McDermott Will & Emery

Changes to Polish Antimonopoly Law in a Nutshell

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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

McDermott Will & Emery

Finally Implemented! The Italian Council of Ministers Approves a Legislative Decree Implementing the EU Antitrust Damages...

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On 14 January 2017, the Italian Council of Ministers approved the Legislative Decree implementing Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition...more

McGuireWoods LLP

European Competition Law Newsletter – May 2016

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Third UK Fast-Track Claim Shows Rapid Development of Competition Law Private Claims as a Business Tool - On 12 April 2016, the UK Competition Appeal Tribunal (CAT) listed (see here) its third fast-track competition law...more

Cooley LLP

Alert: UK Consumer Rights Act Ushers in New Era for Competition Litigation

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The UK Consumer Rights Act 2015 (CRA) entered into force on 1 October. As well as amending a number of aspects of consumer protection law, the CRA implements sweeping reforms of the private competition litigation regime in...more

Proskauer Rose LLP

Three Point Shot - Summer 2013

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With very special thanks to our summer associates Elizabeth Horan (Case Western), Erica Esposito (Harvard), Joshua Espinosa (NYU), Bryce Johnston (Georgetown), Ryan Harris (NYU), and Alex Rosen (Harvard), the Proskauer Sports...more

McDermott Will & Emery

Obtaining Legal Advice is Not a Shield Against Fines for Infringement of EU Competition Rules

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On 18 June 2013, the Court of Justice of the European Union (CJEU) held that a company that infringed EU competition rules will not escape a fine even if it can claim that it relied on advice given by a legal adviser on the...more

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