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Competition Authorities European Court of Justice (ECJ)

Dechert LLP

Illumina/Grail: EU Court overturns approach to “killer acquisitions”

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In a much-anticipated ruling of 3 September 2024, the EU's highest court threw out the policy that the European Commission has been pursuing since 2021, by which it asserted jurisdiction to review so-called “killer...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

Hogan Lovells

Standalone information exchange is a serious competition law infringement, says the European Court

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In a case referred by the Portuguese Court, the European Court of Justice (ECJ) has held that a standalone exchange of information can constitute a restriction of competition by object under Article 101. This means that it...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

BCLP

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

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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...

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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

McDermott Will & Emery

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

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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

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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

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

Morrison & Foerster LLP

Online Sales Restrictions Are a Luxury - European Court Clarifies Prohibition of Third Party Platform Sales for Luxury Goods

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On 6 December 2017, the European Court of Justice (ECJ) issued its judgment on online platform sales bans for luxury goods in selective distribution systems in Coty (C-230/16). The ECJ ruled that luxury goods manufacturers...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

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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

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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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