News & Analysis as of

Cartels European Court of Justice (ECJ)

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: 2024 Mid-Year Global Review

At the mid-year point, 2024 is shaping up to be an eventful year in cartel enforcement. In the United States, the U.S. Department of Justice (DOJ)’s Antitrust Division (Division) enjoyed two significant victories and finally...more

Hogan Lovells

Wage Watchers nun auch in Brüssel - EU Kommission nimmt Absprachen im Personalbereich in den Fokus

Hogan Lovells on

Absprachen im Personalbereich rücken zunehmend in den Fokus der Kartellbehörden. EU Wettbewerbskommissarin Margrethe Vestager hat jüngst am 22. Oktober 2021 in einer Rede in Rom ("A New Era of Cartel Enforcement")...more

Hogan Lovells

Ending the endless: Cartel infringements end when competition is no longer restricted, the ECJ rules

Hogan Lovells on

In previous decisions the European Court of Justice ("ECJ") had ruled that cartel infringements continue as long as they have economic effects. This was partly interpreted to mean that a bid-rigging cartel only ends with the...more

White & Case LLP

Buyer Beware! ECJ confirms investment companies are liable for competition violations by portfolio companies

White & Case LLP on

The European Court of Justice (the "ECJ") has confirmed1 the EU General Court’s (and the European Commission’s) finding that Goldman Sachs was jointly liable for the conduct of a former subsidiary, Prysmian, which the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Investment in Possible Future Generic Marketing Excludes Legitimate Basis for Pharma Settlement, Suggests EU Advocate General

In her opinion issued on June 4, 2020, Advocate General (AG) Juliane Kokott recommended that the European Court of Justice (ECJ) dismiss in its entirety the appeal by Lundbeck A/S and Lundbeck Ltd against the General Court’s...more

Jones Day

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

Jones Day on

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

Orrick, Herrington & Sutcliffe LLP

EU: Parent Companies Are Liable For Cartel Damages Caused By Their Liquidated Subsidiaries

In a landmark judgment (Case C-724/17, Vantaa vs. Skanska Industrial Solutions and others), the European Court of Justice (ECJ) decided on March 14, 2019 that companies cannot use corporate restructuring to escape their...more

Jones Day

European Court of Justice Upholds Use of Evidence from Noncompetition Authority

Jones Day on

The European Court of Justice ("CoJ") has upheld the European Commission's use of evidence transmitted by a national authority other than a Member State competition authority in a cartel investigation. The CoJ ruled on April...more

McDermott Will & Emery

The European Court Of Justice Requires The European Commission To Provide Adequate Reasons For Its Requests For Information

McDermott Will & Emery on

On March 10, 2016, the Court of Justice of the European Union (CJEU) rendered its judgment in the so-called Cement case, (C-247/14 P HeidelbergCement v Commission, C-248/14 P Schwenk Zement v Commission, C-267/14 P Buzzi...more

McDermott Will & Emery

EU Court of Justice Reduces Cartel Fine: General Court of the EU Exceeded its Jurisdiction

McDermott Will & Emery on

The Court of Justice of the European Union (Court),the EU’s highest court, recently issued a judgment in case C-603/13 P, Galp Energía España SA and others v Commission, reducing the fine imposed on certain companies that...more

Bryan Cave Leighton Paisner

EU & Competition Law Update - February 2016

EU and national leniency applications independent rules ECJ - On the 20 January 2016, the European Court of Justice (ECJ) handed down its ruling on a preliminary reference made by the Italian Council of State on the...more

McDermott Will & Emery

General Court of the EU Upholds Cartel Fines of €131 Million Imposed on Toshiba and Mitsubishi Electric, Dismisses Arguments Based...

McDermott Will & Emery on

By two judgments of January 19, 2015 (Case T-404/12 Toshiba v. Commission and Case T-409/12 Mitsubishi Electric v. Commission), the General Court of the European Union (GCEU) upheld the fines of €131 million imposed by the...more

Bryan Cave Leighton Paisner

EU and National Leniency Applications Independent Rules ECJ

On the 20 January 2016, the European Court of Justice (ECJ) handed down its ruling on a preliminary reference made by the Italian Council of State on the relationship between EU and national member state leniency applications...more

McGuireWoods LLP

European Competition Law Newsletter – November 2015

McGuireWoods LLP on

A company that helps with or facilitates a cartel is at just as much risk of sanctions and penalties as are the actual cartelists. This was confirmed by the EU’s highest court (the European Court of Justice (ECJ)) on 22...more

K&L Gates LLP

CJEU Sends Clear Warning to “Cartel Facilitators”

K&L Gates LLP on

On 22 October 2015, the Court of Justice of the EU (“CJEU”) handed down a seminal judgment holding for the first time that companies facilitating the implementation of a cartel can be sanctioned under EU competition law....more

K&L Gates LLP

ECJ Interprets Rules of Jurisdiction for Cartel Damages Claims

K&L Gates LLP on

The European Court of Justice (“ECJ”) has recently handed down a landmark judgment in the Hydrogen Peroxide case, confirming that cartel victims may jointly sue cartelists for damages in an EU Member State where only one of...more

McDermott Will & Emery

A New Concept in Cartel Fining: “Direct EEA Sales Through Transformed Products”

McDermott Will & Emery on

On 9 July 2015, the Court of Justice of the European Union (CJEU) issued its judgment in InnoLux Corp. v Commission C-231/14P, confirming the existence of a new concept in cartel fining: “direct European Economic Area [EEA]...more

Latham & Watkins LLP

ECJ Decision in LCD Cartel Case Affirms Potential for Higher Fines to be Imposed on Vertically Integrated Companies

Latham & Watkins LLP on

Decision allows Commission to consider sales of products incorporating cartelized goods when calculating cartel fines for a vertically integrated group selling the “transformed product” in Europe. On 9 July 2015, the...more

K&L Gates LLP

The Court of Justice of the European Union Confirms the Commission’s Long Arm in Fighting International Cartels

K&L Gates LLP on

In a landmark victory for the European Commission (Commission) before the Court of Justice of the European Union (CJEU) on 9 July 2015, the Court upheld the EUR 288 million fine imposed on a Taiwanese producer of liquid...more

Morrison & Foerster LLP

European Court of Justice Facilitates follow-on Cartel Damage Claims

On 21 May 2015, the European Court of Justice (ECJ) confirmed that cartel victims may jointly sue cartelists for damages in an EU Member State where only one of the cartelists is domiciled. This rule applies even if the...more

McGuireWoods LLP

European Competition Law Newsletter – April 2015

McGuireWoods LLP on

On 19 March 2015, the European Court of Justice (ECJ) handed down a significant judgment on the application of EU competition law to information exchange between competitors. ...more

McDermott Will & Emery

CJEU Rules Maximum Cartel Fine Applies Only to Infringing Subsidiary Turnover and Reduces Fine by €17 Million

McDermott Will & Emery on

On 4 September 2014, the Court of Justice of the European Union (CJEU) confirmed that the maximum fine of 10 per cent of turnover imposed on the infringing subsidiary of a non-infringing parent company should be calculated on...more

McDermott Will & Emery

EU’s Top Court Rules Cartel Victims Can Claim Damages From Cartelists Despite No Contractual Link

McDermott Will & Emery on

In a landmark ruling, the EU’s top court, the European Court of Justice (ECJ) in Kone and Others C-557/12 of 5 June 2014, has held that, where a cartel causes competing companies to increase their prices, the members of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Court Rules That Cartel Members Are Liable for 'Umbrella Claims'"

In a judgment that may expand civil damage liability for cartel participants significantly (Case C-557/12, Kone AG and Others, judgment of June 5, 2014), the European Court of Justice (the ECJ) has ruled that a cartel’s...more

McDermott Will & Emery

EU’s Top Court Rules that Blanket Ban on Access to Leniency Documents is not Permitted

McDermott Will & Emery on

The European Union’s top court rules that a national law which requires the consent of all parties before access to the file is given to third-party antitrust damages claimants is incompatible with EU law; a national court...more

26 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide