As already outlined in last year’s overview, since the enactment of EU Directive 2014/104 (‘Damages Directive’), private enforcement of EU competition law in the EU has continued to develop at an impressive pace. Putting...more
On February 8, 2024, the European Commission (Commission) adopted its revised Market Definition Notice (Notice), replacing a version that was nearly 30 years old. The Notice is not binding, but it provides guidance on how the...more
The EU’s Foreign Subsidies Regulation (FSR) was adopted in late 2022. Its stated aim is to combat the effects of competitive distortions caused by foreign subsidies in the EU internal market and thereby level the playing...more
8/9/2023
/ Competition ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Subsidies ,
Member State ,
Merger Controls ,
Mergers ,
New Regulations ,
Public Procurement Policies ,
State Aid ,
State-Owned Enterprises ,
Threshold Requirements
On June 1, 2023, the European Commission (EC) adopted revised Horizontal Guidelines (HGs) and two updated block exemption regulations (BERs) on research and development (R&D) and “specialisation” agreements. These materials...more
7/31/2023
/ Competition ,
EU ,
European Commission ,
Guidance Update ,
Horizontal Merger Guidelines ,
Horizontal Mergers ,
Joint Venture ,
Purchase Agreement ,
Research and Development ,
Safe Harbors ,
Sustainability ,
V-BER (Vertical Block Exemption Regulation)
On May 10, 2022, the European Commission adopted the final text of the new Vertical Block Exemption Regulation (VBER) accompanied by the new Guidelines on Vertical Restraints (the VGL), which provide detail on interpretation...more
On January 26, the General Court (GC) of the European Union issued a judgment on remand, annulling the €1.06 billion fine that the European Commission (EC) had imposed on Intel in 2009.
Companies commonly use rebates to...more
2/7/2022
/ Antitrust Provisions ,
Burden of Proof ,
Competition ,
Court of Justice of the European Union (CJEU) ,
EU ,
European Commission ,
Final Judgment ,
Intel ,
Rebates ,
Remand ,
Treaty on the Functioning of the European Union (TFEU)
On 22 September 2021, the EU’s second-highest court, the General Court, confirmed the European Commission’s 2018 decision (Case T-425/18—Altice Europe v. Commission) imposing an EUR 124 million fine on Altice Europe NV...more
On April 8, 2020 the European Commission (the ‘EC’) published a temporary antitrust framework for assessing business cooperation to ensure the supply of “essential scarce products and services” during the COVID-19 outbreak...more
The European Competition Network of the 27 EU Member State Antitrust Authorities (the ‘ECN’), several individual EU Member State antitrust authorities, the UK’s antitrust authority and Norway’s government have issued...more
On October 24, 2018, the European Commission (“EC”) opened a Public Consultation on a Recommendation that will identify the main challenges linked to the deployment of connected and automated vehicles. Stakeholders, including...more
The EU Commission’s anticartel enforcement activities have benefitted tremendously from its decision to adopt the philosophy behind the US DOJ’s highly successful leniency programme and make a clear promise of no fines for...more
This is the seventh issue of WilmerHale's 8-in-8 Recent Trends in European Law and Policy Alert Series. Our attorneys will share insights on current and emerging issues affecting companies doing business in Europe and across...more