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Global Merger Control Update 2020

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

European Commission Revives "Interim Measures" in Antitrust Investigations

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

EU's Highest Court Expands Cartel Damages Liability for Corporate Parents and Successors

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

Economic Evidence in Merger Review: EU's Highest Court Clarifies Rights of Defense

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

EU Court Provides New Guidance on Price Discrimination

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

European Court Ruling May Reinvigorate Enforcement Against Excessive Pricing

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

European General Court Rules (again) on Mandatory Access and Interoperability in Software Industry

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

European Commission Launches Competition Law Anonymous Whistleblower Tool

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

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