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CAT Upholds Fine for Unlawful Information Exchange at Single Meeting

by Latham & Watkins LLP on

Case sends “a strong signal to companies about...critical compliance obligations” according to the CMA’s Executive Director of Enforcement. Key Points: - The case marks the first time in the UK that a fine was imposed...more

The English High Court Rules in Favour of Air Cargo Defendants Regarding Temporal Scope of Claimants’ Claims

by Shearman & Sterling LLP on

On 4 October 2017, the High Court gave a judgment on a preliminary issue significantly restricting the temporal scope of the claimants’ claims in four air cargo cartel damages actions....more

New EU screening mechanism on foreign investment

by DLA Piper on

The European Commission has proposed to establish a mechanism for screening foreign direct investment into the EU. The new screening mechanism will streamline EU policies when foreign investors acquire strategic assets in 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

UK Competition Regulator investigates home insurance price comparison website for “stifling competition” through use of Most...

by Bryan Cave on

The CMA ,the UK’s main competition regulator, launched an investigation on 26th September 2017 into home insurance price comparison website, compare the market.com, over its use of most favoured nation clauses and whether...more

Financial Regulatory Observer - September 2017: How state aid survived the Italian banking crisis

by White & Case LLP on

There is much to admire in the EU's handling of the Italian banking crisis, but in allowing two lenders to escape BRRD rules, it has raised questions on the consistency of the EU state aid and resolution framework....more

European Commission Proposes Framework to Screen Certain Foreign Direct Investments

by Latham & Watkins LLP on

Proposal coordinates existing national screening mechanisms, grants the Commission powers to review investments of “Union interest.” European Parliament and Member States’ approval still required. Key Points: On 13...more

Chinese Buyers Act Quickly – Parallel UK & EU Foreign Takeover Control Systems Proposed

by Bryan Cave on

On the 13th September 2017 Jean-Claude Juncker, the European Commission President, unveiled a framework for investment screening for certain foreign mergers in his “State of the Union” address to the European...more

Rewarding Loyalty: ECJ Holds that Loyalty Rebates Do Not Per Se Restrict Competition

by Jones Day on

The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission's €1.06 billion fine on Intel for abusing its dominant...more

EU & Competition Law Update – September 2017

by Bryan Cave on

On the 13th September 2017 Jean-Claude Juncker, the European Commission President, unveiled a framework for investment screening for certain foreign mergers in his “State of the Union” address to the European...more

Only 'full-function' joint ventures subject to EU merger control: C-248/16 Austria Asphalt v Bundeskartellanwalt

by DLA Piper on

On 7 September 2017 the EU Court of Justice ruled that the creation of a joint venture is subject to merger control only where the target company is 'full-function' - i.e. an autonomous economic entity. The Court clarified...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

The Intel Case – Facts do matter!

by Dentons on

Companies commonly use rebates to maximise sales. From a competition law perspective, such rebate schemes are ordinarily unproblematic. However, dominant companies may apply rebates in a way that distorts competition, in...more

Brussels Regulatory Brief: August

by K&L Gates LLP on

On 6 July 2017, the European Commission (“Commission”) announced it had opened three investigations against companies which have allegedly breached the European Union (“EU”) merger procedural rules. Two of the cases...more

Selective Distribution in the French Judicial Spotlight Again

by Bryan Cave on

French cosmetics company Caudalie had previously made headlines in a case decided on February 2nd 2016. In that case, Caudalie had applied for an injunction against an online marketplace to compel it to cease selling Caudalie...more

Advocate General Wahl Delivers Opinion on Legality of Bans on Online Sales via Third-Party Platforms in Selective Distribution...

by McDermott Will & Emery on

According to Advocate General Nils Wahl’s opinion, delivered on July 26, in the Court of Justice of the European Union’s (CJEU) case Coty Germany GmbH v Parfümerie Akzente GmbH (case C-230/16), suppliers of luxury goods may...more

EU Retail News - July 2017

by Bryan Cave on

On 18 July 2017, the UK's Advertising Standards Authority ("ASA") published a new report which calls for an end to gender stereotyping in advertising. The report comes at the end of an investigation into this issue, during...more

Selective distribution systems: AG Wahl advises to allow a ban on sales via online marketplaces

by White & Case LLP on

In his opinion in Coty, Advocate General ("AG") Wahl invites the European Court of Justice ("ECJ") to rule that a manufacturer operating a selective distribution system is, under certain conditions, allowed to prohibit its...more

EU & Competition Law Update – July 2017

by Bryan Cave on

On 14 June 2017, the EU Commission announced that it was opening an investigation into Sanrio, owner of the Hello Kitty brand. Sanrio have been accused by the Commission of an infringement of Article 101 TFEU, the prohibition...more

Procurement Pulse - June 2017

by DLA Piper on

Procurement legislation provides certain guidance on how to run an impartial procurement process - including minimum time limits for submitting expressions of interest or bid documentation, prescribed criteria for selecting...more

European Commission Sets its Sights on Allegedly Excessive Drug Prices

by Jones Day on

In the European Union, Big Pharma has been operating with a target on its back for the best part of the last decade. Following its 2008 sector inquiry into the pharmaceutical sector, the Commission vowed to clamp down on...more

Is the Commission Starting to Take a Tough Stance on the Enforcement of Merger Procedure?

by Shearman & Sterling LLP on

When a transaction meets the thresholds of the EU Merger Regulation, companies must notify and obtain clearance from the European Commission before implementing the transaction.[1] This means that until clearance is obtained,...more

European Commission Publishes E-commerce Sector Inquiry Final Report: 4 Key Takeaways

by Latham & Watkins LLP on

The final report indicates future enforcement trends related to vertical restraints, pricing and big data. On 10 May 2017, the European Commission (Commission) published its final report on the E-commerce Sector Inquiry...more

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