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European Union › Antitrust Provisions › European Court of Justice (ECJ)

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – January/February 2025

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The "European Antitrust Bimonthly Bulletin" breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways....more

Axinn, Veltrop & Harkrider LLP

Competition Law Developments in Germany: Three Things We Are Watching

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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

Hogan Lovells

Call in the Merger Cavalry – How new intervention powers are transforming merger control

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The ECJ’s Illumina/Grail judgment has curtailed the Commission’s direct oversight of certain transactions, thereby elevating the need for national "call-in" powers. These call-in regimes, which are proliferating both inside...more

Morrison & Foerster LLP

M&A in 2024 and Trends for 2025

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Global M&A in 2024 faced geopolitical issues, elevated interest rates, and inflationary pressures, with expanding antitrust, foreign investment, national security, and export regimes adding complexity. But inflation receded...more

A&O Shearman

Antitrust in focus - November 2024

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New U.S. merger control filing forms to take effect in February 2025 - Following publication in the Federal Register, the new Hart-Scott-Rodino (HSR) premerger notification forms will become effective on February 10, 2025....more

McDermott Will & Emery

Intel’s EUR 1 Billion Fine Overturned: ECJ’s Landmark Ruling

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On October 24, 2024, the European Court of Justice (ECJ) confirmed the annulment by the General Court (GC) of the European Commission’s (EC) decision to impose a EUR 1.06 billion fine on Intel for the abuse of a dominant...more

Mayer Brown

Below the thresholds but on the radar | What’s next after the ECJ's Illumina/Grail judgment?

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With its eagerly-awaited Illumina/Grail judgment on 3 September 2024, the Court of Justice of the European Union (“ECJ”) closed a transatlantic saga and rejected the European Commission's ("Commission") extended...more

Wilson Sonsini Goodrich & Rosati

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

EU Court of Justice Takes a Firm Stance Against Patent Settlement Agreements

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The European Union’s Court of Justice (ECJ) has rendered its two long-awaited judgments in the European Commission’s (EC’s) perindopril case. The 27 June 2024 judgments concern: - The EC’s appeal of the General Court’s...more

White & Case LLP

No interest in a U-turn: the ECJ affirms the right to interest on overpaid antitrust fines

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The European Court of Justice has issued its judgment in Deutsche Telekom confirming that the European Commission must pay “a standard rate” of interest to companies that have been awarded a reduction or annulment of their...more

A&O Shearman

New twist in the Illumina/GRAIL saga: Advocate General challenges European Commission’s power to review below-threshold mergers

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In a much-anticipated opinion, Advocate General Nicholas Emiliou (AG) has advised the European Court of Justice (ECJ) to set aside the General Court (GC)’s Illumina/GRAIL judgment. The AG is of the view that the European...more

McDermott Will & Emery

Mobility@McDermott: Monthly Update (11/2023)

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1. Proposal for EU directive for right to repair no longer covering motor vehicles - The European Parliament’s Internal Market and Consumer Protection Committee has voted on a draft report on the proposed EU directive...more

A&O Shearman

ECJ’s “gun jumping” ruling reminds merging parties of the importance of EU merger control compliance

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The European Court of Justice (ECJ) has (mostly) confirmed the European Commission (EC)’s decision to fine Altice for implementing a transaction prior to its notification and the EC’s merger control clearance....more

A&O Shearman

Third annual report on EU foreign investment reveals a significant increase in formal screenings

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The European Commission (EC)’s third annual report on EU foreign direct investment (FDI) screening covers the operation of the screening mechanism in 2022. Together with a Commission Staff Working Document, it details...more

Jones Day

ECJ Antitrust Ruling Not Likely to Jump-Start EC Deal Challenges in "Gap Cases"

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In Short - The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in...more

K&L Gates LLP

Brussels Regulatory Brief: June-July 2023

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ANTITRUST AND COMPETITION - The Court of Justice Overturns the General Court’s Judgment Annulling the European Commission’s Prohibition Decision in the Telecom Sector - On 13 July 2023, the European Court of Justice (ECJ) set...more

White & Case LLP

ECJ Advocate General supports the European Commission’s broad interpretation of gun-jumping and the importance of deterrence in...

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Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court's Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants...more

Stinson LLP

Do Not Pass Go: The Plight of New Soccer Competitions in Europe

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The 2022 FIFA World Cup wasn’t the only showdown being watched by soccer fans last year. Indeed, sports fans and antitrust watchers alike are awaiting a final decision from the European Court of Justice (ECJ) regarding the...more

Wilson Sonsini Goodrich & Rosati

European Court Expands Legal Professional Privilege in the EU

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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

Morrison & Foerster LLP

Sustainability and Antitrust – What Companies Need to Know About Sustainability Collaborations in Europe

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Becoming more sustainable is an epic task. Not only for governments, but for society as a whole. Companies notice this as customers are increasingly demanding sustainable products....more

Skadden, Arps, Slate, Meagher & Flom LLP

EU General Court Overturns Intel Antitrust Fine

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On January 26, 2022, the EU General Court (the Court) annulled the European Commission’s (the Commission) decision that Intel had abused its dominant position regarding its x86 central processing unit (CPU) computer chips and...more

A&O Shearman

EU’s top court clarifies when a patent settlement agreement can infringe EU antitrust rules

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The Court of Justice of the EU (ECJ) has for the first time ruled on the issue of settlement agreements involving a value transfer (monetary or otherwise) between the holder of a pharmaceutical patent and generic drug...more

Jones Day

EU's Highest Court Expands Cartel Damages Liability for Corporate Parents and Successors

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The Development: The European Court of Justice ("ECJ") ruled that parent companies and economic successors can be held liable for damages caused by a subsidiary or acquired company in cartel cases. This significantly broadens...more

Patterson Belknap Webb & Tyler LLP

Will the European Court of Justice Conclude that Antitrust Law Prohibits Royalties for Invalid Patents?

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The European Court of Justice recently announced that it will issue a decision in Genentech Inc. v. Hoechst GmbH, in response to a request from the Paris Court of Appeals for clarification on whether European antitrust law...more

Orrick, Herrington & Sutcliffe LLP

Antitrust and Competition Newsletter - October 2014 (Global)

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Recent U.S. Criticism of China’s Enforcement of Its Antitrust Laws Against Foreign Companies - For some time, many in the antitrust community have expressed concerns about how China is enforcing its antitrust laws...more

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