News & Analysis as of

European Commission

The EC New Alert Mechanism to Detect Cartels: A Teaser Before a European General Framework for Whistleblowing

Whistleblowing has been part of the U.S. legal tradition, if not since the resolution passed by the Continental Congress in 1778, at least since the adoption of the 1863 False Claims Act. With regard to the disclosure of...more

European Commission Consults on Operations of European Supervisory Authorities

by Jones Day on

On 21 March 2017, the European Commission published a consultation paper on the operations of the European Supervisory Authorities ("ESAs")...more

€110 million fine for Facebook by the European Commission for providing misleading information during WhatsApp merger review

by Dechert LLP on

The European Commission (“Commission”) announced on May 18, 2017, that it was fining Facebook €110 million for providing misleading or incorrect information during the review of the social network’s acquisition of WhatsApp in...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

Is the Commission Starting to Take a Tough Stance on the Enforcement of Merger Procedure?

by Shearman & Sterling LLP on

When a transaction meets the thresholds of the EU Merger Regulation, companies must notify and obtain clearance from the European Commission before implementing the transaction.[1] This means that until clearance is obtained,...more

European Commission to Publish CMU Midterm Review on June 7, 2017

On May 18, 2017, Ugo Bassi, Director of Financial Markets, European Commission DG FISMA, confirmed that the Commission will publish its midterm review of the capital markets union (“CMU“) on June 7, 2017. Mr. Bassi...more

Excessive pricing in pharmaceutical products attracts the European Commission's attention

by Hogan Lovells on

In recent years competition authorities in a number of EU Member States have stepped up in their pursuit against companies active in the Life Sciences sector for excessive pricing. Last week, the European Commission issued a...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

European Commission's Antitrust Concerns Lead to Syndicated Loans Market Study

by Jones Day on

In April 2017, the European Commission ("Commission") published a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules. The successful candidate will...more

Facebook Sentenced to a €110 Million Fine at the Intersection of Competition Law and Data Protection Law

by McGuireWoods LLP on

On May 18, 2017, the EU Commission sentenced Facebook to a “proportionate and deterrent” fine of €110 million for providing misleading information during the investigation of Facebook’s acquisition of WhatsApp. This decision...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

Proposed EMIR II – Key Points for Derivatives Markets Participants

by Morrison & Foerster LLP on

On 4th May 2017, the European Commission announced its proposals to amend the current European Market Infrastructure Regulation (Reg. No. 648/2012) (“EMIR”). The proposals stem from its public consultation and Call for...more

Food, Dietary Supplement & Cosmetics Regulatory Update Vol. IV | Issue 4

by Jones Day on

On May 9, 2017, the Senate confirmed Dr. Scott Gottlieb as the next FDA commissioner. With a 57-42 vote, the Senate filled the commissioner position most recently held by Dr. Robert Califf, who resigned in January 2017 and...more

Mind what you submit - €110 million fine for submitting misleading information during a merger notification

by DLA Piper on

On May 18, the European Commission (the Commission) fined Facebook €110 million for providing incorrect or misleading information during its 2014 WhatsApp merger notification (under the 2004 EU Merger Regulation - the EUMR)....more

European Commission goes online with final report in e-commerce sector inquiry

by Hogan Lovells on

The final report on the European Commission’s e-commerce sector inquiry was published last week and contains some important observations about how online channels of distribution are transforming consumer goods and digital...more

THE LATEST: EU Commission Fines Facebook EUR 110 million for Providing Incorrect or Misleading Information

by McDermott Will & Emery on

The Commission’s EUR 110 million fine on Facebook for breach of its procedural obligations under the EU merger control rules underscores the need to submit full, accurate and reliable information during the Commission’s...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

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

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 including media rights distribution (“Inquiry”). The...more

Keeping the Facuet Open: The Implications of Brexit for European Public Procurement

The implications of Britain’s decision in June 2016 to leave the EU are gradually becoming clearer. In the area of government procurement, a paper by the European Parliament has highlighted the various models available to UK...more

European Court of Justice’s New Opinion will Impact Conclusion of Future EU Trade Deals

by Kelley Drye & Warren LLP on

In long-awaited Opinion 2/15 delivered on 16 May 2017, the Court of Justice of the European Union, sitting as a Full Court, held that the Free Trade Agreement between the European Union (EU) and the Republic of Singapore...more

European Commission Approves Microsoft Acquisition of LinkedIn Subject to Conditions

by McDermott Will & Emery on

On 6 December 2016, the European Commission cleared the acquisition of LinkedIn by Microsoft, subject to Microsoft granting LinkedIn’s competitors access to certain LinkedIn tools....more

EU Customs Developments: January-March 2017

by White & Case LLP on

Welcome to the January-March 2017 issue of the White & Case Newsletter on Customs Developments in the EU. In this issue: - EU Customs Policy ..EP resolution on tackling UCC challenges -Tariffs and FTA...more

European Commission Final Report on E-Commerce Sector Inquiry

by McDermott Will & Emery on

On 10 May 2017, the European Commission published its final report on the e-commerce sector inquiry. The report is divided into two sections, covering e-commerce issues in relation to consumer goods and digital content. It...more

European Commission to enforce competition law against suppliers who restrict e-commerce

by Dentons on

The European Commission (EC) has now published its final report on the e-commerce sector inquiry....more

European Commission Publishes E-commerce Sector Inquiry Final Report: 4 Key Takeaways

by Latham & Watkins LLP on

The final report indicates future enforcement trends related to vertical restraints, pricing and big data. On 10 May 2017, the European Commission (Commission) published its final report on the E-commerce Sector Inquiry...more

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