On 18 May 2022, the European General Court rejected Canon’s appeal against a €28 million fine imposed by the European Commission in 2019 for its breach of EU gun-jumping rules, just a few months after a similar judgment,...more
On 26 January 2022 the General Court (GC) issued its latest judgment in the Intel case, faulting fundamental aspects of the Commission’s original decision almost 13 years prior. The judgment’s findings are promising for...more
The English Courts will continue this year to consider several issues that will shape the future of private damages actions for infringements of competition law....more
How will European Competition Enforcers Respond?
The COVID-19 pandemic presents an unprecedented challenge to the economy and competition enforcement is no exception. Authorities at EU and national level may need to...more
3/21/2020
/ Anti-Competitive ,
Antitrust Violations ,
Competition Authorities ,
Coronavirus/COVID-19 ,
EU ,
European Commission ,
Mergers ,
Premerger Notifications ,
State Aid ,
State of Emergency ,
Treaty on the Functioning of the European Union (TFEU)
On 24 September 2019, the EU General Court (GC) handed down its judgment in HSBC v. Commission. Consistent with recent precedent, the GC reaffirmed the European Commission (“Commission”)’s duty to provide sufficient reasons...more
9/27/2019
/ Annulment ,
Cartels ,
Derivatives ,
EURIBOR ,
European Commission ,
Evidentiary Standards ,
HSBC ,
Infringement ,
Interest Rates ,
Settlement ,
Statement of Objection (SO)
In perhaps the most hotly anticipated judgment in the European competition law world this year, the Court of Justice of the European Union (CJEU) handed down its landmark ruling on September 6, 2017 in Intel’s appeal against...more
4/26/2018
/ Abuse of Dominance ,
Anti-Competitive ,
Antitrust Litigation ,
Appeals ,
Court of Justice of the European Union (CJEU) ,
EU ,
European Commission ,
Intel ,
Rebates ,
Rebuttable Presumptions ,
Rules of Civil Procedure
The EU and U.S. competition authorities have been and remain active in enforcing gun-jumping cases, while in recent years other competition authorities across the world, including in China, have also become increasingly...more
4/12/2018
/ Acquisitions ,
Antitrust Violations ,
China ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Japan ,
Japan Fair Trade Commission (JFTC) ,
Mergers ,
MOFCOM
In China, where foreign investments used to be subject to a case-by-case evaluation, the screening process for acquisitions of local businesses by foreign investors is being simplified and becoming more industry-focused. This...more
4/12/2018
/ CFIUS ,
China ,
Cross-Border Transactions ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Investment ,
Germany ,
Italy ,
Merger Controls ,
Mergers ,
MOFCOM ,
National Security Review Proceedings ,
UK
Is this perception well-founded? And does it represent a new policy trend towards ‘social justice’ objectives or simply a continuation of a policy driver that has underpinned EU competition enforcement for some time?...more
4/11/2018
/ Agricultural Sector ,
Anti-Competitive ,
Antitrust Provisions ,
Cartels ,
Competition ,
EU ,
European Commission ,
International Tax Issues ,
Member State ,
Mergers ,
Multinationals ,
R&D ,
State Aid ,
Treaty on the Functioning of the European Union (TFEU) ,
Unfair or Deceptive Trade Practices
The European Commission has routinely considered potential harm to innovation as part of its merger assessments, particularly in R&D driven sectors such as pharmaceuticals and technology. In recent years, however, the...more
3/22/2018
/ Bayer ,
Dow Chemical ,
DuPont ,
EU ,
European Commission ,
Horizontal Mergers ,
Innovation ,
Mergers ,
Monsanto ,
Popular ,
Research and Development