As a new policy statement from the European Commission (EC) treats wage-fixing and no-poach agreements as inherently anticompetitive (restriction of competition “by object”) with few possible defences, companies should...more
The United Kingdom’s Digital Markets, Competition and Consumers Act (the Act) received royal assent on 24 May 2024. The Act introduces wide-ranging amendments to the UK competition and consumer law regimes that expand the...more
5/29/2024
/ Anti-Competitive ,
Antitrust Provisions ,
Breach of Competition Law ,
Competition Act ,
Digital Markets Strategy ,
Enforcement ,
Investigations ,
Jurisdiction ,
Jurisdictional Thresholds ,
Merger Controls ,
Mergers ,
Misleading Statements ,
Penalties ,
Price Inflation ,
Safe Harbors ,
UK ,
UK Competition and Markets Authority (CMA)
On October 12, 2023, the UK’s Competition and Markets Authority (CMA) issued its final Green Agreements Guidance (Guidance). The Guidance is designed to help businesses seeking to collaborate on environmental sustainability...more
11/13/2023
/ Anti-Competitive ,
Antitrust Division ,
Competition ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
Horizontal Agreements ,
New Guidance ,
Sustainability ,
UK ,
UK Competition and Markets Authority (CMA)
As the U.K.’s March 29, 2019, exit date from the European Union approaches, companies involved in merger reviews or antitrust investigations should pre-emptively address the risk of a “no-deal” Brexit....more
10/18/2018
/ Anti-Competitive ,
Antitrust Injuries ,
Antitrust Investigations ,
Condition Precedent ,
EU ,
European Commission ,
European Merger Control Regulation ,
Infringement ,
Jurisdiction ,
Merger Agreements ,
Merger Controls ,
Mergers ,
Private Right of Action ,
Statute of Limitations ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA)
On September 26, 2018, the EU General Court (the Court) upheld the European Commission’s refusal to reinvestigate GlaxoSmithKline SA’s (GSK) Spanish “dual-pricing” distribution arrangements, 20 years after the alleged conduct...more
10/5/2018
/ Anti-Competitive ,
Competition Authorities ,
Dual-Pricing ,
EU ,
European Commission ,
General Court of the European Union (GCEU) ,
GlaxoSmithKline ,
Pharmaceutical Industry ,
Sales & Distribution Agreements ,
Spain ,
Treaty on the Functioning of the European Union (TFEU)
On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in...more
11/29/2017
/ Anti-Competitive ,
Antitrust Investigations ,
Antitrust Violations ,
Commitment Decisions ,
Court of Justice of the European Union (CJEU) ,
EU ,
European Commission ,
Judicial Discretion ,
Oil & Gas ,
Supply Contracts ,
Treaty on the Functioning of the European Union (TFEU) ,
Void and Unenforceable
On September 6, 2017, the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a...more
9/8/2017
/ Abuse of Dominance ,
Anti-Competitive ,
Appeals ,
Competition ,
Court of Justice of the European Union (CJEU) ,
Customer-Loyalty Programs ,
European Commission ,
Exclusive Dealing Agreements ,
Intel ,
Jurisdiction ,
Manufacturers ,
OEM ,
Pricing ,
Rebates ,
Set-Asides ,
Standard of Review ,
Treaty on the Functioning of the European Union (TFEU)