On 8 February 2023, the CAT upheld claims by both BMW and Volkswagen confirming that the CMA cannot compel responses to information requests from companies with no territorial connection to the UK. In March 2022, the CMA...more
In two separate non-binding opinions in Super League and International Skating Union issued on 15 December 2022, Advocate General Rantos concluded that sports federations can – under certain circumstances – impose...more
Key 2022 judgments apply a five-factor analysis outlined by the EU’s highest court in 2017 -
The past year has seen a number of judgments by the General Court of the European Union (GC)—the EU's court of first...more
On 26 January 2022, the EU's General Court (GC) annulled the European Commission's (EC) €1.06 billion fine on Intel for abusing a dominant position with its rebate schemes. The judgment demonstrates that the European Courts...more
1/28/2022
/ Anti-Competitive ,
Burden of Proof ,
EU ,
European Central Bank ,
European Commission ,
Fines ,
General Court of the European Union (GCEU) ,
Intel ,
Rebates ,
Standard of Proof ,
Treaty on the Functioning of the European Union (TFEU)
On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission's decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement...more
For many years, the European Commission (the Commission) has been the global leader in applying antitrust law to the technology sector. This year is no exception. Indeed, there have been a number of new European enforcement...more
9/23/2020
/ Abuse of Dominance ,
Anti-Competitive ,
Antitrust Investigations ,
Apple ,
Automotive Industry ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Subsidies ,
FRAND ,
Google ,
Internet of Things ,
Microsoft ,
Mobile Apps ,
Qualcomm ,
Risk Assessment ,
Risk Mitigation ,
Taiwan ,
Technology Sector
On 2 June 2020, the European Commission published its roadmap on the possible introduction of a ‘new competition tool’ that would allow it to initiate market investigations into perceived structural competition problems, with...more
The European Court of Justice's ruling in Paroxetine, handed down in record time just before Brexit, confirms the narrow interpretation of restrictions by object given in other recent cases. It also clarified certain issues...more
2/19/2020
/ Abuse of Dominance ,
Anti-Competitive ,
Appeals ,
EU ,
European Court of Justice (ECJ) ,
Generic Drugs ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Prescription Drugs ,
Reverse Payment Settlement Agreements ,
Treaty on the Functioning of the European Union (TFEU) ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT)
On 16 January 2019, the Court of Justice of the European Union ("CJEU" or "Court") dismissed the European Commission's appeal against the annulment of its decision to prohibit the acquisition of TNT by UPS. The CJEU stressed...more
1/18/2019
/ Annulment ,
Anti-Competitive ,
Antitrust Investigations ,
Appeals ,
Court of Justice of the European Union (CJEU) ,
Damages ,
Disclosure Requirements ,
EU ,
European Commission ,
Mergers ,
Reversal ,
Right of Defence ,
TNT ,
Transparency ,
Treaty on the Functioning of the European Union (TFEU) ,
UPS