Merger control enforcement continues to surge around the world and reaches well beyond the largest and traditionally most active enforcers (e.g., United States, European Commission, China, and Brazil). Beyond these countries,...more
3/9/2020
/ Acquisitions ,
Anti-Competitive ,
Antitrust Provisions ,
Belgium ,
Chile ,
Competition ,
Competition Authorities ,
Costa Rica ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Foreign Entities ,
French Competition Authority ,
Hart-Scott-Rodino Act ,
India ,
Indonesia ,
Ireland ,
Israel ,
Italy ,
Japan ,
Malaysia ,
Merger Controls ,
New Rules ,
Peru ,
Public Comment ,
Saudi Arabia ,
Standard of Review ,
Threshold Requirements ,
Ukraine ,
Vertical Mergers ,
Vietnam
The Development: For the first time in nearly two decades, the European Commission ("Commission") plans to impose "interim measures" to remedy perceived competition issues even though its antitrust investigation has not...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
4/23/2019
/ Antitrust Provisions ,
Antitrust Violations ,
Cartels ,
Corporate Counsel ,
Corporate Liability ,
Damages ,
EU ,
European Court of Justice (ECJ) ,
Foreign Subsidiaries ,
Liquidation ,
Member State ,
Parent Corporation ,
Treaty on the Functioning of the European Union (TFEU)
The Development: The European Court of Justice ("ECJ") ruled that the European Commission ("Commission") violated UPS's rights of defense when it failed to provide UPS with the final economic model used in its decision to...more
The Situation: The Court of Justice of the European Union ("CJEU") has provided guidance in assessing the validity of discriminatory pricing practices under EU competition law.
The Result: The CJEU followed its recent...more
The Ruling: The European Court of Justice recently provided widely anticipated guidance on the concept of excessive pricing, clarifying the use of key legal criteria in identifying an excessive pricing abuse under Article 102...more
10/27/2017
/ Competition Authorities ,
Copyright ,
Corporate Counsel ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Excessive Pricing ,
Latvia ,
Member State ,
New Guidance ,
Treaty on the Functioning of the European Union (TFEU) ,
UK Competition and Markets Authority (CMA)
The Ruling: A recent European General Court decision provided valuable guidance on applying abuse of dominance rules (Article 102 TFEU) in the context of software products and provided some welcome clarifications regarding...more
The European Commission has introduced a new tool to encourage individuals to disclose anticompetitive conduct on an anonymous basis. Individuals are invited to supply inside knowledge to help the Commission uncover cartels...more