Pauline Dessèvre on European Commission

EU Foreign Subsidies Regulation: What Impacts Will It Have on Future Mergers?

As of July 12, 2023, the Regulation (EU) 2022/2560 of Dec. 14, 2022, on foreign subsidies — the foreign subsidies regulation, or FSR — will allow the European Commission to investigate, analyze and remedy distortions that...more

7/11/2023 / EU , European Commission , Foreign Subsidies , Mergers

EU Foreign Subsidies Regulation: The European Commission’s New Powers of Investigation and Sanction

Entered into force on Jan. 12, 2023, Regulation (EU) 2022/2560 of Dec. 14, 2022 — the foreign subsidies regulation, or FSR — allows the European Commission to address distortions in the EU market caused by foreign subsidies,...more

6/14/2023 / Competition , EU , European Commission , Foreign Subsidies , Mergers

The European Court of Justice Resolves Certain Conflicts of Temporal Application of the “Damages” Directive

The European Court of Justice (ECJ) issued a judgment on June 22, 2022 (C-267/20), regarding an action for damages, based on Directive 2014/104/EU (Directive), seeking compensation for the damage caused by the truck cartel....more

10/4/2022 / Abuse of Dominance , Competition , European Commission , European Court of Justice (ECJ) , Limitation Periods , Statute of Limitations

Private Enforcement: The Paris Court of Appeal Rejects a Damage Claim Based on an Abuse of Dominant Position Without Definition of...

In a decision dated March 9, 2022 (No. 19/19747), the Paris Court of Appeal ruled on a competition damage claim action for abuse of dominant position brought against Schneider Electric France and Schneider Electric SA by a...more

6/10/2022 / Abuse of Dominance , Competition , Competition Authorities , European Commission , France , French Competition Authority

European Commission — Trucks Cartel: Clarification on the Concept of ‘Single and Continuous Infringement’ and Its Impact on the...

Following the European Commission’s decision on the trucks cartel matter (European Commission, Sept. 27, 2017, AT.39824) that fined Scania up to €880 million (USD 950M), the General Court of the European Union rejected...more

4/19/2022 / Anti-Competitive , Antitrust Provisions , Cartels , Competition , EU , European Commission , Limitation Periods , Treaty on the Functioning of the European Union (TFEU)

Car Emissions Case: First Sanction of an Anti-competitive Agreement on Technical Development by the European Commission

On Nov. 12, 2021, the European Commission published its decision AT-40178 of July 8, 2021, fining BMW, Volkswagen, Audi and Porsche a total of 875 million euros for their involvement in a cartel within European Economic Area...more

12/6/2021 / Antitrust Provisions , Automotive Industry , Cartels , Competition , EU , European Commission

Trucks Cartel: Within Four Months, the CJEU Provides Enlightening Procedural Clarifications on Follow-On Actions Through Two...

Following record fines imposed by the European Commission on the main European truck manufacturers, under preliminary references, the Court of Justice of the European Union (CJEU) has recently ruled on certain procedural...more

10/27/2021 / Anti-Competitive , Antitrust Investigations , Automotive Industry , Cartels , Competition , Court of Justice of the European Union (CJEU) , EU , European Commission , European Economic Area (EEA)

European Commission Publishes Outcome of Evaluation of EU Competition Rules on Vertical Agreements

On Sept. 8, 2020, the European Commission published its Staff Working Document summarizing the findings of the evaluation of the Vertical Block Exemption Regulation (VBER) applicable to vertical agreements and the VBER’s...more

10/27/2020 / Competition , EU , European Commission , Treaty on the Functioning of the European Union (TFEU) , V-BER (Vertical Block Exemption Regulation) , Vertical Agreement

European Commission Adopts Passing-On Guidelines for National Judges Evaluating Cartel-Related Damages

As widely acknowledged, key problems in the implementation of the Antitrust Damages Directive [2014/104/EU, herein referred to as “Damages Directive”] were found in the vague provisions set therein, such as the rules on...more

8/9/2019 / Antitrust Provisions , Calculation of Damages , Cartels , Competition , Damages , EU Directive , European Commission

Pauline Dessèvre

Kramer Levin Naftalis & Frankel LLP

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