TFEU

News & Analysis as of

UK Votes to Leave the European Union: What Does This Mean for U.S. Companies With European Subsidiaries?

The people of the United Kingdom have spoken on the issue of whether the United Kingdom should leave or remain in the European Union (EU), and by a narrow margin have decided to leave. In fact, by region, the voters of...more

Collusion on the catwalk: have the UK’s top modelling agencies breached competition law?

On the 25th May 2016, the UK’s Competition and Markets Authority (“CMA”) issued a statement of objections to five of Britain’s most prestigious modelling agencies alleging an infringement of Chapter I of the Competition Act...more

Blog: Council of the EU agrees its position on the Prospectus Regulation – next steps

The Permanent Representatives Committee (Coreper) of the Council of the European Union has agreed a negotiating position on the proposed Prospectus Regulation. The Council is expected to confirm Coreper’s decision on 17 June...more

Claims for cartel damages limited by the UK High Court

On 23 May 2016, the Chancery Division of the UK High Court of Justice handed down judgment in the case Iiyama Benelux BV and others v Schott AG and others [2016] (“the Iiyama case”) and held that claims for cartel damages...more

German Federal Constitutional Court: Use of short “samples” in music titles does not qualify as infringement of exploitation...

On 31 May 2016, the German Federal Constitutional Court (Bundesverfassungsgericht – “BVerfG”) issued a judgment in favor of a Hip-Hop artist (“Artist”) who had used a 2-second-sample of Kraftwerk’s song “Metall auf Metall”...more

European Commission Unveils New Digital Single Market Proposals

The Commission’s proposals aim to drive cross-border e-commerce in the EU and level the regulatory field across audiovisual media services and online platforms. On 25 May 2016 the European Commission (Commission)...more

UK relies on EU Treaty exception to avoid “anti-FISA” data transfers clause in European General Data Protection Regulation...

In a written statement to Parliament, Baroness Neville-Rolfe confirmed the UK Government’s view that the Treaty on the Functioning of the European Union (“TFEU”) means that Article 48 of the GDPR does not apply to the UK....more

Ground-breaking referral: Are arbitration clauses in BITs between EU Member States void?

In recent years, the number and economic relevance of bilateral investment treaties (“BITs”) has significantly increased. BITs are international treaties which provide for assurances in favour of investors from the...more

CMA gives the cold shoulder to fridge and bathroom suppliers “MAP Pricing”

On 26 April 2016, the Competition and Markets Authority (“CMA”) confirmed, following settlement, that it will issue a formal infringement decision to bathroom fittings manufacturer Ultra Finishing Limited (“Ultra”) following...more

The beginning of the end for national TV boundaries?

On 22 April 2016, the European Commission (“EC”) invited industry comment on the commitments proposed by Paramount Pictures International Limited (“Paramount”) in response to concerns raised by the EC. The EC’s concerns were...more

Brexit: issues to consider for the banking and finance industry

Nobody yet knows the true likelihood of a so-called "Brexit" following Britain's "Leave" or "Remain" referendum on membership of the European Union (EU). The results of the 2015 general election suggest that relying on the...more

EFTA Court to Rule on The Interpretation of Restriction of Competition by Object

In Depth - On 19 February 2016, the Supreme Court of Norway asked the European Free Trade Association (EFTA) Court to provide an advisory opinion on the legal test required to qualify an agreement as restricting...more

EU & Competition Law Update - March 2016

Welcome to March's edition of our EU & Competition Law Bulletin covering recent legal developments impacting upon you and your business: - ..United Kindgdom: Large pay for delay fine imposed by CMA. ..Germany and...more

Facebook Accused on an Abuse of Dominance by German Competition Regulator

On the 2nd March 2016, the German Federal Cartel Office (FCO) initiated proceedings against Facebook’s European and German entities, accusing the company of abusing its market power. The case follows a logical progression of...more

Main Developments in Abuse of Dominance Enforcement

Latham lawyers provide an overview of recent developments in case law and practice in the field of abuse of dominance in Europe. Please see full Article below for more information....more

First German Decisions Applying the ECJ’s Huawei v. ZTE Framework on Injunctions for Standard Essential Patents

Two recent German court decisions address requirements for obtaining injunctions based on standard essential patents (SEPs), applying the rules established by the European Court of Justice in its Huawei v. ZTE decision. The...more

Alert: European Court Provides Guidance on Application of Antitrust Rules to IT Platforms

On 21 January, the European Court of Justice (ECJ) issued an interesting judgment on the extent to which existing antitrust price-fixing principles can be applied to interactions between the administrator of a shared...more

EU & Competition Law Update - February 2016

EU and national leniency applications independent rules ECJ - On the 20 January 2016, the European Court of Justice (ECJ) handed down its ruling on a preliminary reference made by the Italian Council of State on the...more

CMA gives the cold shoulder to fridge and bathroom suppliers “MAP Pricing"

The UK Competition and Markets Authority (“CMA”) continues to focus its attention on resale price maintenance particularly where it relates to minimum advertised prices (MAP) on on-line sites. The CMA has a history of...more

Competition News January 2016

Record fine imposed on Orange by the French Competition Authority despite being reduced by the early application of the settlement procedure - By decision of December 17, 2015, the French Competition Authority imposed a...more

EU & Competition Law Update - January 2016

Smartphone chip manufacturer accused of an abuse of dominance - On the 8th December 2015, Qualcomm, the world’s largest supplier of smartphone chipsets, was publicly accused by the European Commission of abusing its...more

European Competition Law Newsletter – November 2015

A company that helps with or facilitates a cartel is at just as much risk of sanctions and penalties as are the actual cartelists. This was confirmed by the EU’s highest court (the European Court of Justice (ECJ)) on 22...more

Procurement Pulse - November 2015

Further debate on the living wage this month, as the Scottish Government issues guidance on evaluating fair working conditions that relate to the subject matter of a procurement. Useful direction from the courts on how to...more

Court of Appeal Sets Aside Order for Disclosure of Unredacted Commission Decision and Orders Strike Out of Economic Tort-Based...

On 14 October 2015 the Court of Appeal (CoA) handed down its judgment on appeals against orders made by Peter Smith J arising out of an alleged cartel for airfreight services. First, the CoA said the High Court was not...more

EMIR: ESCB Reports on CCPs Access to Central Bank Liquidity Facilities

On August 25, the European System of Central Banks (ESCB), in cooperation with the European Commission (EC), provided its contribution to the EC in connection with the EC’s obligation to provide an assessment of the need for...more

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