As the COVID-19 pandemic spreads rapidly around the world, and countries take unprecedented measures to contain the spread of the disease, businesses are increasingly struggling with the economic impact of this crisis. While...more
The U.K. Competition and Markets Authority (CMA) has published “Guidance on the Functions of the CMA Under the Withdrawal Agreement” (Guidance), which sets out the regulator’s approach to merger and competition cases during...more
2/13/2020
/ Abuse of Dominance ,
Acquisitions ,
Antitrust Investigations ,
Cartels ,
Condition Precedent ,
Corporate Counsel ,
EU ,
European Commission ,
Exclusive Jurisdiction ,
Jurisdiction ,
Long Arm Statute ,
Merger Reviews ,
Mergers ,
One-Stop Shop ,
Parallel Proceedings ,
Transitional Arrangements ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Withdrawal Agreement
On September 24, 2019, the EU General Court (General Court) issued its long-awaited judgments in relation to the appeals brought against two European Commission (EC) decisions of 2015 concluding that tax rulings granted by...more
9/30/2019
/ Arm's Length Principle ,
Benchmarks ,
Business Profits ,
Corporate Counsel ,
Corporate Taxes ,
European Commission ,
Fiat ,
General Court of the European Union (GCEU) ,
Luxembourg ,
Member State ,
Netherlands ,
Regulatory Authority ,
Starbucks ,
State Aid ,
Tax Litigation ,
Treaty on the Functioning of the European Union (TFEU)
On April 4, 2019, the European Commission published a report1 prepared by three special advisers (the Advisers) appointed by EU Competition Commissioner Margrethe Vestager to explore how EU competition policy should evolve in...more
4/9/2019
/ Abuse of Dominance ,
Acquisitions ,
Big Data ,
Competition ,
Data-Sharing ,
Digital Currency ,
Digital Goods ,
Digital Media ,
Digital Single Market ,
Enforcement Actions ,
EU ,
European Commission ,
European Merger Control Regulation ,
Information Reports ,
Innovation ,
Innovative Technology ,
Mergers ,
Technology Sector ,
UK Competition and Markets Authority (CMA)
As the U.K.’s March 29, 2019, exit date from the European Union approaches, companies involved in merger reviews or antitrust investigations should pre-emptively address the risk of a “no-deal” Brexit....more
10/18/2018
/ Anti-Competitive ,
Antitrust Injuries ,
Antitrust Investigations ,
Condition Precedent ,
EU ,
European Commission ,
European Merger Control Regulation ,
Infringement ,
Jurisdiction ,
Merger Agreements ,
Merger Controls ,
Mergers ,
Private Right of Action ,
Statute of Limitations ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA)
On September 26, 2018, the EU General Court (the Court) upheld the European Commission’s refusal to reinvestigate GlaxoSmithKline SA’s (GSK) Spanish “dual-pricing” distribution arrangements, 20 years after the alleged conduct...more
10/5/2018
/ Anti-Competitive ,
Competition Authorities ,
Dual-Pricing ,
EU ,
European Commission ,
General Court of the European Union (GCEU) ,
GlaxoSmithKline ,
Pharmaceutical Industry ,
Sales & Distribution Agreements ,
Spain ,
Treaty on the Functioning of the European Union (TFEU)
On August 20, 2018, the U.K. government published further details of its negotiation position with the European Union on state aid post-Brexit. Three days later, it published guidance on state aid in case the U.K. leaves the...more
On July 18, 2018, the European Commission (Commission) imposed a fine on Google LLC for the alleged abuse of a dominant market position pertaining to Android mobile devices. Google and its parent company, Alphabet Inc....more
7/30/2018
/ Abuse of Dominance ,
Advertising ,
Android ,
Antitrust Violations ,
Cease and Desist ,
EU ,
European Commission ,
European Economic Area (EEA) ,
Fines ,
Google ,
Illegal Tying Arranegements ,
Incentives ,
Mobile Devices ,
Product Exclusivity
The European Commission (EC or the Commission) announced on July 24, 2018, that it has imposed a total fine of €111 million on four consumer electronics manufacturers — Asus, Denon & Marantz, Philips and Pioneer — for...more
7/26/2018
/ Antitrust Investigations ,
Antitrust Violations ,
Electronics ,
Enforcement Actions ,
European Commission ,
Fines ,
Internet Retailers ,
Manufacturers ,
Price-Fixing ,
Raids ,
Resale Pricing
Skadden’s Antitrust and Competition Group and the economics firm Charles River Associates recently hosted the eighth annual “Antitrust in the Technology Sector: Policy Perspectives and Insights From the Enforcers” seminar in...more
3/8/2018
/ Anticompetitive Behavior ,
Antitrust Provisions ,
Big Data ,
Cartels ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Fines ,
FRAND ,
Gun-Jumping ,
Innovation ,
Mergers ,
Monopolization ,
Standard Essential Patents ,
Technology Sector
On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in...more
11/29/2017
/ Anti-Competitive ,
Antitrust Investigations ,
Antitrust Violations ,
Commitment Decisions ,
Court of Justice of the European Union (CJEU) ,
EU ,
European Commission ,
Judicial Discretion ,
Oil & Gas ,
Supply Contracts ,
Treaty on the Functioning of the European Union (TFEU) ,
Void and Unenforceable
On 26 October 2017, the European Commission (the Commission) opened an in-depth investigation into UK statutory rules that exempt certain financing income earned by foreign subsidiaries of UK corporate taxpayers from UK tax....more
10/31/2017
/ Anti-Avoidance ,
Antitrust Investigations ,
Business Income ,
Controlled Foreign Corporations ,
Corporate Taxes ,
EU ,
European Commission ,
Financing ,
Foreign Subsidiaries ,
Multinationals ,
State Aid ,
Statutory Requirements ,
Tax Exemptions ,
Treaty on the Functioning of the European Union (TFEU) ,
UK ,
UK Brexit
In recent years, the European Commission (EC) has been actively enforcing European Union state aid violations, an area of law that is unique to Europe but has wide-ranging implications for multinationals with investments in...more
9/20/2017
/ Acquisitions ,
Antitrust Violations ,
Enforcement Actions ,
EU ,
European Commission ,
Foreign Investment ,
Infrastructure Financing ,
Member State ,
Mergers ,
Multinationals ,
State Aid ,
Tax Structuring
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
9/8/2017
/ Abuse of Dominance ,
Anti-Competitive ,
Appeals ,
Competition ,
Court of Justice of the European Union (CJEU) ,
Customer-Loyalty Programs ,
European Commission ,
Exclusive Dealing Agreements ,
Intel ,
Jurisdiction ,
Manufacturers ,
OEM ,
Pricing ,
Rebates ,
Set-Asides ,
Standard of Review ,
Treaty on the Functioning of the European Union (TFEU)
On 10 May 2017, two years after launching its e-commerce sector inquiry on 6 May 2015, the European Commission published its final report (Final Report) on the inquiry. The inquiry was opened in the framework of the...more
6/5/2017
/ Corporate Counsel ,
Cross-Border Transactions ,
Digital Single Market ,
E-Commerce ,
Electronics ,
EU ,
European Commission ,
European Economic Area (EEA) ,
Final Rules ,
Geo-Blocking ,
Holidays ,
Hotels ,
Member State ,
UK ,
Video Games
On January 20, 2016, the Court of Justice of the European Union issued a judgment reaffirming the independence of the cartel immunity and leniency regimes of the EU and member states. The ruling reasserts the obligation of...more
On June 20, 2013, the European Commission (Commission) launched a public consultation on a number of significant proposed changes to the EU Merger Regulation (EUMR). The proposed amendments relate to (i) the possible review...more