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Infringement Germany

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments - May 2024

To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more

A&O Shearman

CJEU considers approach to retention of personal data from public debt registers

A&O Shearman on

In joined Cases C‑26/22 and C‑64/22, related to the German Credit Reference Agency Schufa (see A&O blog on the automated decision making case), the CJEU considered the retention of personal data regarding individuals who had...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

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

Ladas & Parry LLP

UK Supreme Court Decisions in Unwired Planet V Huawei and Hauwei V. Conversant

Ladas & Parry LLP on

On August 26, 2020, the United Kingdom Supreme Court handed down its unanimous combined decision in the cases of Unwired Planet v. Huawei and Huawei v. Conversant. Both cases involved questions of: 1. Whether the...more

Hogan Lovells

German Supreme Court remains claimant-friendly on cease and desist orders

Hogan Lovells on

Another milestone for cease and desist orders has been reached in Germany. The German Federal Supreme Court has clarified in a number of decisions that defendants in cease and desist orders not only have to cease the...more

Hogan Lovells

Closing the so called "Sausage gap" – Cartel fine procedures after the 9th amendment of the German Act against Restraints of...

Hogan Lovells on

With the amendments to the cartel fine procedure introduced by the 9th amendment of the GWB the legislator intends a harmonization with EU-law and significantly extends the liability for cartel fines....more

Hogan Lovells

No limits..? The limitation rules for cartel (damages) claims after the 9th reform of the German Competition Act (ARC)

Hogan Lovells on

At first glance, not a stone seems to be left standing. The new sec. 33h ARC hardly bears any resemblance with the old sec. 33 para. 5 ARC, the to date only special limitation rule applicable to cartel damages claims in the...more

Hogan Lovells

(No) need to argue – What is certain, what is presumed and what can be estimated in cartel damage litigation after the 9th...

Hogan Lovells on

Where is no plaintiff, there is also no judge: Private enforcement of competition law presupposes that there are plaintiffs who take a cartel to court. Plaintiffs exist where actions are worth it. Cartel victims may obtain...more

Hogan Lovells

"I want my money back!" – Cartel damages claims after the 9th reform of the German Competition Act

Hogan Lovells on

One of the primary aspects covered by the 9th reform of the German Competition Act that has just entered into effect is the transposition of the EU Cartel Damages Directive into German law. The preparatory works in the draft...more

Jones Day

European Commission's Antitrust Concerns Lead to Syndicated Loans Market Study

Jones Day on

In April 2017, the European Commission ("Commission") published a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules. The successful candidate will...more

Hogan Lovells

Germany: New rules on recovery of criminal proceeds affect enforcement of IP rights

Hogan Lovells on

On 23 March 2017, the German Parliament passed new rules on criminal law measures for recovery of criminal proceeds. In the future, enforcement of financial claims against criminal offenders will be widely handled by the...more

Morgan Lewis

Ninth Amendment to German Act Against Restraints of Competition to Take Effect Soon

Morgan Lewis on

Key changes triggered by the amendment relate to a company’s liability for cartel infringements, the introduction of a transaction value test into merger control, private enforcement through the implementation of the EU...more

Hogan Lovells

Landmark decision of the German Federal Supreme Court: Cease and desist orders comprise the obligation to recall infringing...

Hogan Lovells on

BGH, 29th September 2016 – I ZB 34/15, published on the 10th January 2017 - The German Federal Supreme Court decided on the 29th September 2016, published on the 10th January 2017, to the surprise of many that a cease...more

BCLP

Should Hotels, Restaurants, Bars, and Shopping Centers Stop Offering Open WiFi Connections?

BCLP on

The answer in Germany is “yes.” To understand why, you have to understand the principle of “co-liability” or Störerhaftung. Under the principle of co-liability, operators of an open WiFi network can be held liable for the...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

Bryan Cave Leighton Paisner

EU & Competition Law Update - January 2016

Smartphone chip manufacturer accused of an abuse of dominance - On the 8th December 2015, Qualcomm, the world’s largest supplier of smartphone chipsets, was publicly accused by the European Commission of abusing its...more

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