News & Analysis as of

TFEU

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 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

State aid: the former French financial support mechanism for solar radiative energy at risk

by White & Case LLP on

By an order dated 15 March 20171, the European Court of Justice (“ECJ”) rules on the compatibility with the European State aid rules of the Ministerial Orders of 10 July 2006 and of 12 January 2010 setting out the feed-in...more

EU Competition Newsletter - March 2017

by Bryan Cave on

What Future for EU Public Procurement Law in the UK After Brexit? Those aficionados of the silver screen will remember comedians Laurel and Hardy and in particular their catchphrase 'Well here's another nice mess you've...more

Article 50 Has Been Triggered by the UK: What’s Next?

by K&L Gates LLP on

As anticipated, on this day, March 29th, 2017 British Prime Minister Theresa May has taken the historical step of formally notifying the European Council of the United Kingdom (UK)’s intention to withdraw from the European...more

“Final warning” on Air pollution from the European Commission

by Latham & Watkins LLP on

On 15 February 2017, the European Commission (the Commission) sent final warnings (a Reasoned Opinion) to France, Germany, Italy, Spain and the United Kingdom for failing to comply with the air pollution limits for nitrogen...more

Claimants' Guide to Antitrust Competition Litigation in EU

by Bryan Cave on

Recent years have seen a significant increase in the number of private competition claims in the European Union. The Claimants' guide to Antitrust/Competition Litigation in the European Union provides an overview of the...more

EU Competition Newsletter – February 2017

by Bryan Cave on

Portugal Asks European Court to Determine the Criteria Required for Discriminatory Pricing to Be an Abuse Under Article 102 of the Treaty on the Functioning of the European Union - Portuguese Court has asked the...more

The EU Winter Package Briefing Paper

by Allen & Overy LLP on

Clean energy for all Europeans - On 30 November 2016 the Commission published its so-called ‘Winter Package’ of eight proposals to facilitate the transition to a ‘clean energy economy’ and to reform the design and...more

EU Commission Gets Serious About Geo-Blocking

by Bryan Cave on

On 2 February 2017, the EU Commission simultaneously launched three investigations into the e-commerce sector. What is significant about this latest development is that it shows that e-commerce is a clear priority area in...more

Italian Constitutional Court Backs Feed-in Tariff Cuts – What's Next?

by McDermott Will & Emery on

On 24 January 2017, the Italian Constitutional Court published decision no. 16/2017 confirming the constitutional legitimacy of the so-called spalma incentivi law, which reduced the feed-in tariffs for photovoltaic plants...more

BMW reverses its policy on internet selling restrictions for dealers following CMA action

by Bryan Cave on

In 2016, Carwow a new car portal, which introduces customers to dealers for the purchase of cars, complained to the Competition and Markets Authority (“CMA”) that BMW UK was prohibiting its dealers from listing their new BMW...more

Article 50 - Government Loses Supreme Court Case

by K&L Gates LLP on

The Supreme Court by a majority of 8 to 3 has dismissed the Secretary of State’s appeal (Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Clarke, Lord Wilson, Lord Sumption and Lord Hodge in the majority with Lord Reed,...more

Portugal asks European Court to determine what criteria are required for discriminatory pricing to be an abuse under Article 102...

by Bryan Cave on

A Portuguese Court has asked the European Court of Justice (ECJ) to provide guidance on when “discriminatory pricing applied to equivalent transactions” amounts to an abuse of a dominant positon under Article 102 (c)...more

Antitrust & Distribution Alert - The End of the Insurance Block Exemption Regulation

On 31 March 2017, the EU Insurance Block Exemption Regulation n° 267/2010 (“IBER”) will expire and will not be renewed. Therefore, the types of cooperation it covered will fall under the general rules of competition...more

Sale of Serie A Broadcasting Rights, the Regional Administrative Court of Lazio Annuls the Decision of the Italian Competition...

by McDermott Will & Emery on

On 23 December 2016, the Regional Administrative Court of Lazio (the TAR) annulled the decision of the Italian Competition Authority (the Authority), against Sky Italia S.r.l. (Sky); Reti Televisive Italiane S.p.A. (and its...more

EU Competition Newsletter - December 2016

by Bryan Cave on

Single Market Withdrawal: A New Challenge to Brexit for the UK Government - Should Parliament have a say over whether Britain could remain in the European Economic Area?...more

Brussels Regulatory Brief: December

by K&L Gates LLP on

January will bring some important changes in the internal composition and current leadership of the European Parliament (“EP”). Such changes are expected to shake the EP’s internal life, even without a shift in the general...more

Alert: Pfizer and Flynn Pharma Fined £90 Million for Charging “Excessive Prices” for Epilepsy Medicine

by Cooley LLP on

The UK Competition and Markets Authority (the CMA) announced on 7 December that it had fined pharmaceutical manufacturer Pfizer and its UK distributor Flynn Pharma a total of £90 million. According to the CMA, the companies...more

Brussels Regulatory Brief: November

by K&L Gates LLP on

The European Commission (“Commission”) has recently published statistics concerning the European Union (“EU”) merger control review process. Typically, the Commission examines larger mergers with an EU dimension, meaning that...more

High Court Ruling on Brexit

On November 3, 2016 the UK High Court handed down a ruling preventing the UK government from triggering Article 50 TFEU – the EU legislation triggering the start of the administrative procedure for the UK’s exit from the EU –...more

Brexit on Ice? Court Rules That Only UK Parliament Can Trigger Article 50

Earlier today, the High Court of Justice ruled that the U.K. government does not have the constitutional capacity to trigger the U.K.'s withdrawal from the European Union without further primary legislation being passed. This...more

EU Court of Justice Outlaws German Fixed Retail Pricing System for Prescription Medicines

by Allen & Overy LLP on

On 19 October 2016, the Court of Justice of the European Union issued a judgment on the compatibility of German legislation setting fixed prices for the sale of prescription-only medicinal products by pharmacies with EU rules...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

Price fixing not justified to protect pharmacies in rural areas

by Bryan Cave on

On 19 October 2016, the Court of Justice of the European Union (CJEU) issued an important judgment concerning the German law on fixing prices of retail prescription drugs. In the case before the Higher Regional Court of...more

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