Wait, that’s covered? Insurability of Fines and Penalties Flowing From a Cybersecurity Breach
FCPA Compliance and Ethics Report-Episode 31-the FCPA Year in Review, Corporate Enforcement Actions
FCPA Compliance and Ethics Report-Episode 30-Interview with the FCPA Professor-Part 2
Condo complaints not in writing?
Health Data on Leased Photocopier Costs Company $1.2m—What Others Can Learn
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
On 29 December, 2023, Federal Decree-Law No. 36 of 2023 on the Regulation of Competition (the New Law) was issued, replacing Federal Decree-Law No. 4 of 2012 (the Old Law) and introducing a new merger control regime,...more
Competition Commission v W. Hing Construction & others [2022] HKCA 786 (judgment date: 2 June 2022) concerned an appeal from the first Hong Kong judgments concerning pecuniary penalties for contraventions of competition...more
In March 2022, the UK Competition and Markets Authority (CMA) fined the lighting products supplier, Dar Lighting Limited (Dar), £1.5 million for engaging in resale price maintenance (RPM), in breach of the UK prohibition...more
Key Takeaways - The Court holds the Commission to a high standard in respect to the rights of defense. The Court found that the Commission committed several serious procedural violations, including: (i) failure to keep and...more
On 28 April 2022, the Moroccan Competition Authority (“MCA”) imposed its first ever fine for failure to notify, i.e., gun jumping. The fine was imposed on a Swiss company, Sika AG, in the context of its acquisition of a...more
The French Competition Authority ("FCA") fines a company for gun-jumping in a case relating to a progressive takeover and de facto control - On 12 April 2022, the FCA fined the Compagnie Financière Européenne de Prises de...more
While the global pandemic that began in 2020 continued throughout 2021, cartel enforcement activity increased among a number of leading enforcement jurisdictions. Overall, global fines in 2021 were up by 229 percent compared...more
Am 11. Oktober 2021 hat das Bundeskartellamt („BKartA“) zentrale Dokumente für seine Kartellverfolgung aktualisiert und eine Neufassung sowohl seiner Bonusregelung vom 07.03.2006 als auch seiner Bußgeldleitlinien vom...more
On Saturday 10 April 2021, the State Administration for Market Regulation (SAMR) issued a landmark decision, penalising the Chinese e-commerce group Alibaba for abusing its dominant position. The Chinese authority imposed a...more
On March 10, 2020, the England and Wales Court of Appeal (CoA) handed down its judgment in the appeals by the U.K. Competition and Markets Authority (CMA) and Flynn Pharma Ltd. against a June 2018 Competition Appeal...more
Global cartel fine totals rebounded somewhat in 2019, approaching historical norms following two years of sharply lower fine levels. The $6.1 billion total is the highest global fine level since 2016. Most of the increased...more
The German Ministry for Economic Affairs and Energy has published the draft bill on the 10th amendment to the German Act against Restraints of Competition, which includes a proposal for the revision of abuse control in...more
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
Article 63.2 of the Spanish Competition Act (15/2007 of 3 July on the Defence of Competition, the SCA) provides that, in addition to the fines that may be levied on legal entities for infringing competition rules, the Spanish...more
Last year on this Blog we wrote about the uptick in enforcement action by European competition authorities against violations of merger control procedure....more
This week’s OTA & Travel Distribution Update for the week ending April 6, 2018 is below. A variety of stories are featured in this week’s Update, including an interesting follow up story on Red Lion’s somewhat unique (and...more
The German Federal Network Agency for Energy, Telecommunications, Post and Railway, has issued a record fine of €300,000 against an electricity supplier for systematic cold call advertising....more
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
Cartel enforcement activity promises to remain busy In the coming months and into 2017 Cartel enforcement remains a priority for competition authorities around the world. Global cartel fines totaled more than $6...more
Decision allows Commission to consider sales of products incorporating cartelized goods when calculating cartel fines for a vertically integrated group selling the “transformed product” in Europe. On 9 July 2015, the...more
On 31 October 2014, the Italian Competition Authority published its long-awaited guidelines on the method for setting fines for antitrust infringements (Guidelines), which present important changes to the current fining...more
On 19 February 2014, the second reading of the draft law on competition and consumers protection in the Polish Parliament was completed. The current shape of the proposed provisions does not essentially differ from the...more
Lessons from the latest Commission decision on agreements affecting generic entry: - The European Commission’s crack down on so-called “reverse payment” agreements continues. - In the EU these agreements may...more
On November 14, 2013, members of the Senate Committee on the Judiciary, Subcommittee on Antitrust, Competition Policy and Consumer Rights heard arguments regarding the effectiveness of current cartel prosecution and...more