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EU Antitrust Scrutiny for Being on the Board of a Competitor?

What is at Stake? - “Common ownership” – an investor holding economic interests in different competing businesses at the same time – has been a recurring topic in antitrust debates. More recently, there have been calls in...more

The EU General Court’s Ruling on Pay for Delay - Why Patent Settlement Agreements May Violate EU Antitrust Laws

The EU General Court (“Court”) reduced the fines imposed on Servier SAS and its subsidiaries (“Servier”) from a total of €428 million to €315 million (see press release no. 194/18), thereby partially annulling a European...more

Hot off the press: The European Electronic Communications Code

After a legislative procedure lasting more than two years, the European Union has finally published its new “European Electronic Communications Code” (EECC). It provides updated rules for providers of traditional mobile and...more

European Commission Recommendations to Tackle Illegal Content and Disinformation Online

Summary - As part of its Digital Single Market (DSM) strategy, the European Commission has emphasized the importance of fostering a “trusting, lawful and innovation-driven ecosystem” around online platforms in the EU. It...more

German Federal Court Resolves Controversy Around Statute of Limitations for Cartel Damage Claims

In a landmark decision, on June 12, 2018, the German Federal Court of Justice (Bundesgerichtshof, BGH) decided that the statute of limitations for all cartel damage claims that arose prior to July 1, 2005, shall be suspended...more

New Rules for the European Telecoms Sector: The European Electronic Communications Code

The existing European telecoms regulatory framework has not undergone any major amendments since 2009. The EU regulatory regime has been overtaken by technological and market changes. And, not only has the outdated regime...more

European E-Commerce Markets: Competition Initiatives for 2018

Summary - As part of the EU’s Digital Single Market initiative, the European Commission has been working to identify potential competition concerns affecting European e-commerce markets. The Commission suspects that...more

International Investor Sentiment Toward Brexit - Views From Major Tech And Financial Centers

Amid the uncertainty Brexit has created, foreign investors are assessing their existing and prospective investments in the UK, with particular focus on Brexit’s potential impact on EU-UK trade and labor mobility. No one has a...more

European M+A News, Spring 2017

Germany's New Merger Control Regime - New Filing Requirements to Come - ..Introduction of an Upgraded Transaction Value Test ..New Local Nexus Test Requires Further Advance Analysis Germany is about to enact a revised...more

Significant Competition Law Changes In Germany

On March 9, 2017 the German Federal Parliament passed the ninth amendment to the Act against Restraints of Competition (ARC) (Gesetz gegen Wettbewerbsbeschränkungen). The amendment is expected to come into force in Q2/2017...more

New Rules for OTT Services—The EU Commission’s Draft Electronic Communications Code

In December 2015, we reported about a German court that classified Google’s Gmail as a regulated telecommunications service. This court decision added to the discussion of whether and to what extent communications services...more

German Court: Google’s Gmail Is a Regulated Telecoms Service

For the past five years, Google and the German telecommunications regulator, the Federal Network Agency (Bundesnetzagentur – BNetzA), have been arguing whether Google’s email service Gmail qualifies as a telecommunications...more

European Court of Justice Facilitates follow-on Cartel Damage Claims

On 21 May 2015, the European Court of Justice (ECJ) confirmed that cartel victims may jointly sue cartelists for damages in an EU Member State where only one of the cartelists is domiciled. This rule applies even if the...more

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