News & Analysis as of

Competition Authorities European Commission 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

A&O Shearman on

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

BCLP

Formalism on the Chopping Bock - the ECJ’s judgment in Super Bock

BCLP on

The ECJ’s recent preliminary ruling in C-211/22 - Super Bock Bebidas (“Super Bock”) is significant for businesses and competition authorities. It is well-established that categorisation of conduct as a ‘by object’...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

McDermott Will & Emery

EU Court of Justice Confirms Annulment of Commission Prohibition Decision Due to a Procedural Irregularity

McDermott Will & Emery on

On 16 January 2019, the Court of Justice of the European Union (CJEU) dismissed the appeal by the European Commission (Commission) against the 2017 judgment of the General Court of the European Union (GCEU). This annuls the...more

Jones Day

Economic Evidence in Merger Review: EU's Highest Court Clarifies Rights of Defense

Jones Day on

The Development: The European Court of Justice ("ECJ") ruled that the European Commission ("Commission") violated UPS's rights of defense when it failed to provide UPS with the final economic model used in its decision to...more

Jones Day

European Court Ruling May Reinvigorate Enforcement Against Excessive Pricing

Jones Day on

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

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

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