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Competition European Union

WilmerHale

A Practitioner’s Perspective on Direct Effect of EU Law and Antitrust Law

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EU competition rules are crucial to the strengthening of the Union’s internal market. And direct effect has long been a structuring legal principle of the Union’s legal order, helping to ensure its autonomous nature. Thus,...more

Jones Day

EU Court Holds Back Expansion of Antitrust Reviews to Non-Reportable Transactions

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The Situation: To address a perceived enforcement gap, the European Commission ("EC") has issued guidelines expanding the types of non-reportable transactions subject to its "upward referral mechanism," which permits EU...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Summer 2024

Across industries, companies are facing new and uncertain regulatory pressures and demands in areas including artificial intelligence, sustainability, algorithmic pricing and fintech-bank relations. In this issue of The...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Blocked From Reviewing Below-Threshold Mergers

On September 3, 2024, the European Union’s Court of Justice (ECJ) issued its highly anticipated judgment in the Illumina/Grail case (C-611/22 P and C-625/22 P) concerning the European Commission’s (EC’s) power to review...more

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – July/August 2024

The "European Antitrust Bimonthly Bulletin” breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways. ...more

Latham & Watkins LLP

A Less Economic Approach? European Commission Consults on Draft Guidelines for Exclusionary Conduct

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The European Commission (EC) has published draft antitrust guidelines on exclusionary abuses (the Draft Guidelines) and is conducting a public consultation to gather feedback....more

Mayer Brown

Below the thresholds but on the radar | What’s next after the ECJ's Illumina/Grail judgment?

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With its eagerly-awaited Illumina/Grail judgment on 3 September 2024, the Court of Justice of the European Union (“ECJ”) closed a transatlantic saga and rejected the European Commission's ("Commission") extended...more

Wilson Sonsini Goodrich & Rosati

Illumina/Grail: EU Court Overturns Below-Threshold Merger Review Policy

On September 3, 2024, the EU’s highest court, the European Court of Justice (ECJ), ruled that the European Commission (EC) had no jurisdiction to review Illumina’s acquisition of Grail, overturning the EU’s revised Article 22...more

McGuireWoods LLP

European Competition Law Newsletter – September 2024

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European Commission Provides Guidance on Foreign Subsidies Regulation - Under the EU Foreign Subsidies Regulation (FSR), the European Commission (EC) has the power to investigate financial contributions granted by non-EU...more

White & Case LLP

The European Commission moves away from economics and proposes a presumption-based approach in its draft guidelines on...

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The European Commission has published for public consultation its long-awaited draft Guidelines on exclusionary abuses (draft Guidelines). The draft Guidelines aim at making it faster and easier for the Commission to pursue...more

McDermott Will & Emery

The Vifor Case: Disparagement Reloaded?

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On July 22, 2024, the European Commission (EC) accepted commitments proposed by Vifor Pharmaceuticals to address disparagement concerns under Article 102 TFEU. This is the EC’s first pure disparagement case and its second...more

K&L Gates LLP

Court of Justice Confirms European Commission's Duty to Pay Interest Over Unlawfully Levied Fines

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In the recent years we have seen exponential increases in the amount of fines imposed by the European Commission (Commission) for infringements of competition rules, fines in the range of hundreds of millions or even billions...more

A&O Shearman

From effects to presumptions? The EC Draft Guidelines on exclusionary abuse

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The Draft Guidelines set out the European Commission (EC)’s approach on exclusionary abuse by dominant undertakings. The EC is proposing a shift away from the effects-based approach set out in its earlier enforcement...more

Jones Day

EU Emergency Response Update – Key Policy & Regulatory Developments No. 115

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This regular alert covers key regulatory developments related to EU emergency responses, including in particular to Russia’s war of aggression against Ukraine, COVID-19, and cyber threats. It does not purport to provide an...more

Mintz - Antitrust Viewpoints

Top Competition Enforcers in the US, EU, and UK Release Joint Statement on AI Competition – AI: The Washington Report

On July 23, 2024, the leading competition enforcers in the US, EU, and UK released a Joint Statement on Competition in Generative AI Foundation Models and AI products. The statement outlines risks to competition that are...more

McGuireWoods LLP

European Competition Law Newsletter – August 2024

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European Commission Closes Disparagement Investigation by Accepting Commitments - Under EU and many national competition laws, illegal abuse of a dominant position can take many forms. One such abuse is disparagement, the...more

K&L Gates LLP

Brussels Regulatory Brief: June 2024

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Antitrust and Competition - The European Commission to Take Action to Address Territorial Supply Constraints - On 24 May 2024, the EU Commissioner for Competition, Margrethe Vestager, announced that the European Commission...more

McDermott Will & Emery

Antitrust M&A Snapshot | Q2 2024

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UNITED STATES - - Agencies Revisiting Consummated Mergers - What’s old is new again, as agencies are increasingly scrutinizing consummated mergers from years past. In May 2024, the US Department of Justice (DOJ), Antitrust...more

Skadden, Arps, Slate, Meagher & Flom LLP

Fierce Competition Podcast | Antitrust Challenges in Organized Sports: How They Play Out in the EU, UK and US

In the latest episode of our “Fierce Competition” podcast, Skadden attorneys Bill Batchelor, Karen Lent and Vikram Pandit highlight differences — and similarities — in the handling of recent antitrust issues related to...more

WilmerHale

UK, EU, and US release joint statement on competition in generative AI foundation models and AI products

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On July 23, the European Commission, US Department of Justice, US Federal Trade Commission, and UK Competition and Markets Authority released a joint statement setting out shared principles on competition in markets that...more

McDermott Will & Emery

Labor Markets in the Focus of European Competition Law

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In May 2024, the European Commission published a Competition Policy Brief classifying certain agreements related to labor markets as serious antitrust infringements. According to the Commission, so-called wage-fixing and...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Workshop on Competition in Generative AI: Highlights

On June 28, 2024, the European Commission (EC) held a workshop on competition in virtual worlds and generative artificial intelligence (AI). The event followed the EC’s January 2024 call for contributions on the level of...more

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – May/June 2024

The firm is pleased to publish the May/June 2024 edition of the European Antitrust Bimonthly Bulletin, which breaks down the major antitrust developments in Europe from the past two months into concise and actionable...more

McGuireWoods LLP

European Competition Law Newsletter – July 2024

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European Commission Imposes Fine for Deletion of WhatsApp Messages During Dawn Raid - One of the basic lessons taught during competition law compliance training is that companies should never obstruct a dawn raid carried...more

Sheppard Mullin Richter & Hampton LLP

Maturing UK Competition Appeal Tribunal Collective Proceedings Process Sees Uptick in Cases

The United Kingdom remains a key European jurisdiction for competition damages actions, also in a post-Brexit world. In particular the number of collective proceedings for competition damages has significantly increased. This...more

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