News & Analysis as of

European Commission Competition

Brussels Regulatory Brief: December

by K&L Gates LLP on

On 10 November 2017, the European Union (“EU”) General Court (“GC”) rendered a judgment partially annulling the European Commission’s (“Commission”) decision fining a broker for its involvement in the Libor Yen interest rate...more

Luxury Brands Can Ban Resale on Third Party Websites Euro Court Judgment

by Reed Smith on

As widely expected, the European Court has followed the opinion of its Advocate General and upheld a clause in a selective distribution agreement for Coty cosmetics which prevents authorised retailers from selling Coty...more

Antitrust, distribuzione selettiva e piattaforme online: finalmente i chiarimenti della Corte di Giustizia

by Allen & Overy LLP on

Consultazione - È possibile nell’ambito di un sistema di distribuzione selettiva vietare ai rivenditori autorizzati l’utilizzo delle piattaforme online? A questa domanda nel recente passato hanno risposto in modo...more

An EC Communication on SEPs – Not More Not Less

A summary of the European Commission’s Policy Document on standard essential patents (SEPs). After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication “setting...more

The Foreign Investment Regulation Review Edition 5 – EU Overview

by Hogan Lovells on

THE EU PLANS TO START REVIEWING FOREIGN INVESTMENTS: A MODEST AMBITION? The past months have witnessed intense discussions at European and national level on the need to review foreign investment flows in sensitive sectors....more

EU General Court Upholds Luxury-brand Restrictions on Supply of Spare Parts

by K&L Gates LLP on

The General Court of the European Union has provided some further guidance for luxury-brand companies on the different practices allowed on the secondary markets, such as repairs and supply of spare parts. First, the General...more

The connected car: How European data protection, smart transport systems, and competition law intersect

by Hogan Lovells on

In this hoganlovells.com interview, partner Winston Maxwell and counsel Gianni De Stefano discuss how European data protection, smart transport systems, and competition law intersect and the impact they will have on the...more

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

by 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

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

EU Court Orders New Assessment of Intel's Rebates

by 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

New era dawning in EU competition law? CJEU endorses an effects-based assessment of rebates and sets aside lower court’s judgment...

by White & Case LLP on

Intel and the effects-based approach in EU competition law - On 6 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") essentially held in Intel1 that the European Commission ("Commission") cannot...more

European Competition Law Newsletter – August 2017

by McGuireWoods LLP on

Restrictions on Resellers’ Use of Third-Party Internet Platforms - On 26 July 2017, Advocate General (AG) Nils Wahl of the European Court of Justice (ECJ) handed down his opinion in the seminal Coty case concerning...more

EU & Competition Update: Developments in regulating e-commerce, a quick tour of the European Commission’s final report (Dutch)

by Dentons on

In order to make the EU’s single market fit for the contemporary digital age, the European Commission adopted in 2015 the ‘digital single market strategy’. One of the three pillars of this strategy is to achieve better access...more

EU & Competition Update: Developments in regulating e-commerce, a quick tour of the European Commission’s final report

by Dentons on

In order to make the EU’s single market fit for the contemporary digital age, the European Commission adopted in 2015 the ‘digital single market strategy’. One of the three pillars of this strategy is to achieve better access...more

What EU‘s Fine of Google $2.7 Means for Antitrust Exposure

by Kelley Drye & Warren LLP on

The European Commission has fined Google €2.42 billion ($2.7 billion) after concluding the company had abused its dominance in search. According to a letter from the EC announcing the results of its investigation, Google has...more

Brussels Regulatory Brief: July

by K&L Gates LLP on

On 10 May 2017, the European Commission (“Commission”) published its final report (“Report”) concluding a wide-ranging two-year long inquiry into e-commerce (“Inquiry”). During the Inquiry – which was conceived as part of the...more

European Competition Law Newsletter – July 2017

by McGuireWoods LLP on

More EU Investigations Into Licensing and Distribution Practices - During June 2017, the European Commission launched yet more competition law investigations into licensing and distribution practices in the EU. The four...more

Facebook Fined for WhatsApp Data Linking Fallout

by Alston & Bird on

On 18 May 2017, the European Commission (“Commission”) fined Facebook €110 million ($122 million) for misrepresentations made in its application for competition clearance of the company’s acquisition of WhatsApp. In its...more

Impact of Online Sales Restrictions on EU and German Competition Enforcement

by Reed Smith on

In the course of its E-commerce Sector Inquiry (Sector Inquiry) launched in May 2015, the European Commission gained an insight into the standard business practices engaged in by producers of consumer goods when distributing...more

Facebook Is Fined US$122 Million by European Commission for Misleading Information in WhatsApp Merger Review

by Reed Smith on

Facebook is faced with a fine of EUR110 million (US$122 million) for providing misrepresentative or incorrect information to the European Commission when it filed the acquisition of WhatsApp for merger approval in...more

The European Commission Announces Further Competition Enforcement Following its E-Commerce Inquiry: Considerations for Consumer...

by K&L Gates LLP on

On 10 May 2017, the European Commission (the “Commission”) published its final report (“Final Report”) concluding its wide-ranging, two-year long inquiry into e-commerce (“Inquiry”). The Final Report offers key insights into...more

Preparing for Antitrust Scrutiny of Arranger and Lender Conduct in Leveraged Loan Commitment Process

As a result of the announcement by the European Commission in its 2017 Management Plan that it will possibly engage in a sector inquiry under Article 17 of Regulation 1/2003 of the Treaty on the Functioning of the European...more

Alert: E-commerce Sector Inquiry Final Report Heralds Renewed Enforcement by the Commission

by Cooley LLP on

The European Commission published the hotly anticipated final report of its two year E-commerce Sector Inquiry on 10 May. As predicted by our client briefing on the Commission’s Preliminary Report, which the Commission...more

Brussels Regulatory Brief: May

by K&L Gates LLP on

On 16 March, the European Commission (“Commission”) announced it had launched a new tool in its fight against cartels and other anti-competitive practices. The Commission unveiled a new whistleblowing tool, which would allow...more

European Competition Law Newsletter – May 2017

by McGuireWoods LLP on

Illegal Distribution Activities in the Spotlight Across the EU - Online and offline distribution issues remain a key focus of competition law regulators in the EU. This has been demonstrated yet again in recent weeks,...more

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