Demonstrating both increased cross-border collaboration and the adoption of novel theories of cartel violations, the European Commission and the U.K. Competition and Markets Authority, together with the U.S. competition...more
Following the European Commission’s decision on the trucks cartel matter (European Commission, Sept. 27, 2017, AT.39824) that fined Scania up to €880 million (USD 950M), the General Court of the European Union rejected...more
The European Court of Justice (the "ECJ") has confirmed1 the EU General Court’s (and the European Commission’s) finding that Goldman Sachs was jointly liable for the conduct of a former subsidiary, Prysmian, which the...more
McDermott’s Annual European Competition Review summarizes key developments in European competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There...more
The UK will no longer be a Member State of the European Union (the “EU”) as of 11 p.m. on 31 January 2020 (“Exit Day”). A ‘transition period’ will run from Exit Day until 11 p.m. on 31 December 2020 (the “Transition Period”)....more
As the UK departs the European Union, the CMA – the UK competition regulator – is facing a transformation in its mandate. White & Case considers how the CMA will approach its workload during and after the Transition Period...more
In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more
INSTITUTIONAL DEVELOPMENTS - The New European Parliament: More Fragmentation, Ad Hoc Coalitions, And Greener Policies? The results of the May 2019 European Parliament (“EP”) elections resulted in a more complex European...more
The Development: The European Court of Justice ("ECJ") ruled that parent companies and economic successors can be held liable for damages caused by a subsidiary or acquired company in cartel cases. This significantly broadens...more
A decade ago, the European Commission conducted a thorough sectoral inquiry into the European pharmaceutical sector that identified antitrust shortcomings impeding access to more affordable and innovative medicines and...more
Antitrust and Competition - EU Cartel Damages: Advocate General says that liability in cartel damages cannot be avoided through corporate restructuring - On 6 February 2019, Advocate General Nils Wahl found in his...more
CARTELS & RESTRICTIVE AGREEMENTS - CJEU’S EYE-OPENING RULING ON ANTITRUST COMPLIANCE AND OFF-LABEL MISINFORMATION – C 179/16, HOFFMAN-LA ROCHE AND OTHERS V AGCM, 23 JANUARY 2018 – On 23 January 2018, the CJEU...more
Lights Back On: Territorial Limits in EU Cartel Damages Claims - The Court of Appeal has ruled that iiyama's 1bn EUR cartel damages claims, against the participants of the cathode ray tube ("CRT") market and liquid...more
Algorithms and the use of Artificial Intelligence (AI) have become commonplace in a vast number of markets, and this has drawn the attention not only of competition law academics and practitioners, but also of competition...more
Is this perception well-founded? And does it represent a new policy trend towards ‘social justice’ objectives or simply a continuation of a policy driver that has underpinned EU competition enforcement for some time?...more
In a decision dated 18 October 2017, the French Competition Authority (FCA) imposed a record fine on the “resilient floor covering cartel” (one of the seven biggest fines in the history of the FCA), totalling 302 million EUR....more
On 10 November 2017, the European Union General Court (GC) handed down its judgment in Icap v Commission. The judgment serves as a reminder of the Commission’s ability to impose liability for cartel infringements on...more
On 4 October 2017, the High Court gave a judgment on a preliminary issue significantly restricting the temporal scope of the claimants’ claims in four air cargo cartel damages actions....more
On the 13th September 2017 Jean-Claude Juncker, the European Commission President, unveiled a framework for investment screening for certain foreign mergers in his “State of the Union” address to the European Parliament. ...more
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
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
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
'Great Repeal Bill' more likely to be 'Great Preservation Bill' - After what seemed like an eternity, but in reality has only been a few months, the Prime Minister announced on 2 October 2016 that Article 50 of the...more
BREXIT – BUSINESS AS USUAL...AT LEAST FOR NOW - What do you need to know? Despite the UK's vote to leave the European Union ("EU"), companies doing business in the UK can still continue to trade with the EU in...more
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