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
The Trade and Cooperation Agreement (TCA) governing post-Brexit trade relations between the UK and the EU includes provisions regulating EU-UK antitrust enforcement and cooperation effective 1 January 2021....more
On March 10, 2020, the England and Wales Court of Appeal (CoA) handed down its judgment in the appeals by the U.K. Competition and Markets Authority (CMA) and Flynn Pharma Ltd. against a June 2018 Competition Appeal...more
3/27/2020
/ Abuse of Dominance ,
Antitrust Violations ,
Appeals ,
Competition ,
Excessive Pricing ,
Fines ,
Pfizer ,
Pharmaceutical Industry ,
Reversal ,
UK ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT)
The U.K. Competition and Markets Authority (CMA) has published “Guidance on the Functions of the CMA Under the Withdrawal Agreement” (Guidance), which sets out the regulator’s approach to merger and competition cases during...more
2/13/2020
/ Abuse of Dominance ,
Acquisitions ,
Antitrust Investigations ,
Cartels ,
Condition Precedent ,
Corporate Counsel ,
EU ,
European Commission ,
Exclusive Jurisdiction ,
Jurisdiction ,
Long Arm Statute ,
Merger Reviews ,
Mergers ,
One-Stop Shop ,
Parallel Proceedings ,
Transitional Arrangements ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Withdrawal Agreement
On April 4, 2019, the European Commission published a report1 prepared by three special advisers (the Advisers) appointed by EU Competition Commissioner Margrethe Vestager to explore how EU competition policy should evolve in...more
4/9/2019
/ Abuse of Dominance ,
Acquisitions ,
Big Data ,
Competition ,
Data-Sharing ,
Digital Currency ,
Digital Goods ,
Digital Media ,
Digital Single Market ,
Enforcement Actions ,
EU ,
European Commission ,
European Merger Control Regulation ,
Information Reports ,
Innovation ,
Innovative Technology ,
Mergers ,
Technology Sector ,
UK Competition and Markets Authority (CMA)
On July 18, 2018, the European Commission (Commission) imposed a fine on Google LLC for the alleged abuse of a dominant market position pertaining to Android mobile devices. Google and its parent company, Alphabet Inc....more
7/30/2018
/ Abuse of Dominance ,
Advertising ,
Android ,
Antitrust Violations ,
Cease and Desist ,
EU ,
European Commission ,
European Economic Area (EEA) ,
Fines ,
Google ,
Illegal Tying Arranegements ,
Incentives ,
Mobile Devices ,
Product Exclusivity
On September 6, 2017, the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a...more
9/8/2017
/ Abuse of Dominance ,
Anti-Competitive ,
Appeals ,
Competition ,
Court of Justice of the European Union (CJEU) ,
Customer-Loyalty Programs ,
European Commission ,
Exclusive Dealing Agreements ,
Intel ,
Jurisdiction ,
Manufacturers ,
OEM ,
Pricing ,
Rebates ,
Set-Asides ,
Standard of Review ,
Treaty on the Functioning of the European Union (TFEU)
The German Federal Cartel Office (the FCO) has announced that it has initiated proceedings against Facebook for the company’s alleged abuse of its dominant position in a market for social networks.
The FCO appears to...more
3/11/2016
/ Abuse of Dominance ,
Antitrust Investigations ,
Competition Authorities ,
Data Collection ,
Data Protection ,
EU Data Protection Laws ,
Facebook ,
Federal Cartel Office (the FCO) ,
Germany ,
Personal Data ,
Popular ,
Social Networks
On December 8, 2015, the European Commission filed two Statements of Objections against U.S. semiconductor-maker Qualcomm Inc., alleging that the company had abused its dominant position in the baseband chipset market through...more
On October 6, 2015, the European Court of Justice (the ECJ) issued an important judgment clarifying the application of Article 102 to retroactive loyalty rebates (Post Danmark AS, Case C 23/14). The case, which had been...more
10/6/2015
/ Abuse of Dominance ,
Advertising ,
Antitrust Violations ,
Competition ,
Customer-Loyalty Programs ,
Direct Advertising ,
European Court of Justice (ECJ) ,
Mail ,
Monopolization ,
Rebates ,
Retroactive Application
On May 14, 2013, the French Autorité de la Concurrence (Autorité) issued a decision imposing a fine of €40.6 million on French company Sanofi-Aventis France (Sanofi) for an abuse of dominance in the market for the...more