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Competition Authorities European Union European Court of Justice (ECJ)

Axinn, Veltrop & Harkrider LLP

Competition Law Developments in Germany: Three Things We Are Watching

As counsel to global companies, we often guide clients through not just U.S. antitrust issues, but also through a global antitrust landscape. Whether it is a merger or a business practice, it is crucial to understand how all...more

Wilson Sonsini Goodrich & Rosati

Illumina/Grail: EU Court Overturns Below-Threshold Merger Review Policy

On September 3, 2024, the EU’s highest court, the European Court of Justice (ECJ), ruled that the European Commission (EC) had no jurisdiction to review Illumina’s acquisition of Grail, overturning the EU’s revised Article 22...more

A&O Shearman

Review of below-threshold mergers creates uncertainty

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Antitrust authorities continue to use powers to review deals that fall below merger control filing thresholds. For merging parties this means uncertainty. It is crucial that the possibility of review – including a...more

White & Case LLP

EU Court of Justice confirms that the Intel effects-based approach applies to exclusive dealing and clarifies the narrow...

White & Case LLP on

On 19 January 2023, the EU Court of Justice, answering questions from the Italian Council of State, confirmed that the Intel effects-based approach applies also to exclusive dealing practices and held that competition...more

Wilson Sonsini Goodrich & Rosati

European Court Expands Legal Professional Privilege in the EU

In a recent judgment, the European Court of Justice (ECJ) expanded the scope of Legal Professional Privilege (LPP) in the EU, recognizing that it is not limited to advice given for the purpose of defense but covers all...more

White & Case LLP

ECJ Advocate General proposes that non-reportable transactions could be caught by abuse of dominance rules

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Advocate General Juliane Kokott has proposed that the EU Court of Justice should find that competition authorities have the power to apply Article 102 TFEU to corporate transactions that are not reportable, and test under...more

McDermott Will & Emery

The Re-Awakening of a Once-Dormant Tool?

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The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its...more

Jones Day

Interplay Between Antitrust Misconduct's Judicial Review and Private Enforcement: A Hallmark Decision - The Italian State Council...

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In the Italian public enforcement matter La Roche-Novartis v. Antitrust Authority, the State Council (the administrative court of second instance, which has exclusive jurisdiction on antitrust cases) recently issued a...more

Jones Day

Chilling: ICA Fines Unilever/Algida €60 Million for Ice Cream Rebate Schemes

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The Background: The Italian Competition Authority has imposed a €60 million fine on Unilever's Italian subsidiary Algida, which sells impulse ice creams, for having implemented a complex system of exclusivity clauses and...more

Jones Day

European Court Ruling May Reinvigorate Enforcement Against Excessive Pricing

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The Ruling: The European Court of Justice recently provided widely anticipated guidance on the concept of excessive pricing, clarifying the use of key legal criteria in identifying an excessive pricing abuse under Article 102...more

Jones Day

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

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

McDermott Will & Emery

Online Sales Restrictions Remain a Hot Topic: UK CMA Issues Statement of Objections

McDermott Will & Emery on

On 9 June 2016, the UK’s Competition and Markets Authority (CMA) issued a statement of objections (SO) to Ping Europe Limited (Ping), a golf equipment manufacturer, alleging that Ping had breached EU and UK competition law by...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

McGuireWoods LLP

European Competition Law Newsletter – April 2015

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On 19 March 2015, the European Court of Justice (ECJ) handed down a significant judgment on the application of EU competition law to information exchange between competitors. ...more

Latham & Watkins LLP

European Court of Justice Underlines Importance of Non-Discrimination Principle in EU Cartel Fines

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EU High Court reduces cartel fine by 30 percent on appeal and stresses need for timely resolution of cases by the General Court. Summary - On 12 November 2014, the Court of Justice of the European Union (ECJ)...more

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