News & Analysis as of

Abuse of Dominance Competition Treaty on the Functioning of the European Union (TFEU)

Goodwin

European Commission’s First-Ever Abuse of Dominance Probe for Shelving of a Novel Pipeline Therapy

Goodwin on

The European Commission (EC) has launched a formal investigation under its abuse of dominance rules into US life sciences company Zoetis in the area of novel veterinary medicines. The EC alleges that the discontinuation of a...more

BCLP

Doing a deal as an abuse of dominance? The ECJ’s decision in Towercast

BCLP on

On 16 March 2023, the ECJ published its judgment in Towercast (C-449/21), confirming that Article 102 TFEU (which prohibits abuses of a dominant market position) may apply to transactions which fall below national and EU...more

Kramer Levin Naftalis & Frankel LLP

CJEU Towercast Judgment: The Prohibition of Abuse of a Dominant Position Allows Ex Post Control of Mergers

On March 16, in a preliminary ruling requested by the Paris Court of Appeal regarding Towercast’s appeal of the French Competition Authority’s decision in the TDF case, the Court of Justice of the European Union decided ...more

White & Case LLP

European Court of Justice confirms that national authorities can review ex-post below-threshold mergers under abuse of dominance...

White & Case LLP on

The long-awaited European Court of Justice's judgment in Towercast confirmed that national competition authorities (and national courts) can apply abuse of dominance rules to mergers that did not trigger EU and national...more

Latham & Watkins LLP

High Court Rules on Confidentiality Claims in Competition Proceedings

Latham & Watkins LLP on

The ruling may point to a trend that English courts are ever more willing to intervene in managing confidentiality rings. In Infederation Limited v Google LLC and others the English High Court considered the extent to...more

McDermott Will & Emery

EU Competition Review 2019

McDermott’s Annual European Competition Review summarizes key developments in European competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There...more

White & Case LLP

The CMA Remicade decision: discount schemes and abuse of dominance – effects matter!

White & Case LLP on

On 14 March 2019, the UK Competition and Markets Authority (CMA) decided to close its investigation into a discount scheme by Merck Sharp & Dohme Limited (MSD). The CMA concluded that there were no grounds for it to take...more

Jones Day

EU Court Provides New Guidance on Price Discrimination

Jones Day on

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

Jones Day

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

Jones Day on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Intel Ruling: General Court Failed to Examine All of Intel’s Arguments, Court of Justice Says

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

Dechert LLP

EU Court Orders New Assessment of Intel's Rebates

Dechert LLP on

The Court of Justice of the European Union (CJEU) has quashed a ruling by the EU’s General Court which had upheld the European Commission’s (EC) 2009 finding of abuse of dominance by Intel Corporation Inc. Intel was fined...more

K&L Gates LLP

Brussels Regulatory Brief: December

K&L Gates LLP on

January will bring some important changes in the internal composition and current leadership of the European Parliament (“EP”). Such changes are expected to shake the EP’s internal life, even without a shift in the general...more

BCLP

EU & Competition Law Update – August 2016

BCLP on

EU: Regulatory Scrutiny of Online Hotel Booking Continues - The 13 July 2016 saw the Competition and Markets Authority (CMA) announce that it had sent a questionnaire to a large sample of hotels throughout the UK. As...more

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