News & Analysis as of

Infringement European Court of Justice (ECJ)

BCLP

Formalism on the Chopping Bock - the ECJ’s judgment in Super Bock

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The ECJ’s recent preliminary ruling in C-211/22 - Super Bock Bebidas (“Super Bock”) is significant for businesses and competition authorities. It is well-established that categorisation of conduct as a ‘by object’...more

White & Case LLP

Mere “upset” not sufficient for GDPR compensation claims - Advocate General

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The Advocate General of the Court of Justice of the EU has issued an Opinion stating that mere "upset" is not sufficient to give rise to a claim for compensation under Article 82 of the GDPR....more

White & Case LLP

European Court of Justice on Independence of German Energy Regulator

White & Case LLP on

In its judgment of 2 September 2021, the ECJ ruled in particular that the German Federal Network Agency (Bundesnetzagentur) does not have the sufficient independence required under EU law. According to the ECJ, EU law...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

Spirit Legal

Jurisdiction clarified: International online travel agencies can be sued in Germany for infringement of competition law

Spirit Legal on

On 24 November, the European Court of Justice (ECJ) issued its long-awaited judgment in the “Wikingerhof” case (ref. C-59/19), which had had the German hotel industry on tenterhooks. Although the name might suggest it had...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

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

Morrison & Foerster LLP - Social Media

Data for the Taking: Using Website Terms and Conditions to Combat Web Scraping

Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of...more

McDermott Will & Emery

Obtaining Legal Advice is Not a Shield Against Fines for Infringement of EU Competition Rules

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On 18 June 2013, the Court of Justice of the European Union (CJEU) held that a company that infringed EU competition rules will not escape a fine even if it can claim that it relied on advice given by a legal adviser on the...more

McDermott Will & Emery

A Guide through Europe’s New Unified Patent System

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Introduction - The EU Patent Package (the Patent Package) consists of two related, but independent parts: a Unitary EU Patent (the Unitary Patent or UP) and a Unified Patent Court (the UPC). The new system is expected...more

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