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Standard of Proof European Union

A&O Shearman

Private damages activity escalates across key jurisdictions

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In the EU, the surge in private damages actions following the transposition of the Private Damages Directive (PDD) at member state level has brought to the fore several novel legal questions, prompting national courts to...more

BCLP

Another SIEC in the wall - the ECJ’s judgment in CK Telecoms

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Save for the Commission’s decision in M.8792 (Tele2 NL/T-Mobile NL) which cleared the acquisition of Tele2 NL by T-Mobile NL without remedies, the Commission has historically blocked or accepted divestment/behavioural...more

White & Case LLP

EU Court of Justice in CK Telecoms sides with the European Commission's approach to mergers in oligopolistic markets

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The EU Court of Justice in the CK Telecoms1 ruling has addressed key questions of EU merger control, including the standard of proof for the European Commission to challenge a merger, the assessment of mergers below the...more

White & Case LLP

ECJ Advocate General recommends setting aside the CK Telecoms judgment and endorsing the European Commission’s established...

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Advocate General Kokott has found that the General Court erred in law in requiring the European Commission to show anti-competitive effects of a merger with “strong probability” and that the scope of its judicial review was...more

White & Case LLP

Lessons from the EU General Court’s recent rejections of two appeals of merger prohibitions (Wieland, Thyssenkrupp)

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On 18 May and 22 June 2022, the EU General Court upheld two European Commission prohibition decisions. Both judgments endorsed the European Commission's assessment of the mergers at issue, recognising a broad margin of...more

White & Case LLP

EU General Court demands a vigorous effects-based analysis for rebates cases and annuls the European Commission’s Intel decision...

White & Case LLP on

On 26 January 2022, the EU's General Court (GC) annulled the European Commission's (EC) €1.06 billion fine on Intel for abusing a dominant position with its rebate schemes. The judgment demonstrates that the European Courts...more

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