News & Analysis as of September 17, 2024

Court of Justice of the European Union (CJEU)

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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 -

Illumina/GRAIL: European Court of Justice Annuls the Commission’s Approach

McDermott Will & Emery on 9/3/2024

In a spectacular turn, on September 3, 2024, the Court of Justice (CJEU), constituted as the grand chamber, overturned the ruling of the General Court (GC) and annulled the decision made by the Commission to accept requests...more

Labor Markets in the Focus of European Competition Law

McDermott Will & Emery on 7/26/2024

In May 2024, the European Commission published a Competition Policy Brief classifying certain agreements related to labor markets as serious antitrust infringements. According to the Commission, so-called wage-fixing and...more

Legal Lens on the Unified Patent Court - May 2024

McDermott Will & Emery on 5/29/2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Sports and EU Law: Madrid Commercial Court to Hear Arguments in European Super League Case

Morgan Lewis on 3/13/2024

On March 14, 2024, the Madrid Commercial Court will hear the parties’ arguments in the ongoing European Super League (ESL) case following the December 2023 judgment of the Court of Justice of the European Union (CJEU). The...more

Showing Anti-Competitiveness the Red Card: The ECJ’s Hat-Trick of Sports Competition Cases

BCLP on 2/8/2024

The European Union’s Court of Justice (“ECJ”) went into the 2023 winter break in style, publishing a hat-trick of judgments (hereafter referred to as SuperLeague, ISU, and Royal Antwerp) regarding the application of...more

Competition Law "Leaves its Studs in" on UEFA and FIFA

K&L Gates LLP on 2/5/2024

Introduction - The Court of Justice of the European Union (CJEU) has issued two major decisions in separate cases concerning sporting organisations’ ability to regulate their: (i) competitions; and (ii) members’ activities...more

Between a Bock and a Hard Place: Does Europe's Resale "Pint" Maintenance Decision Mean More Resale Pricing Control for Suppliers?

K&L Gates LLP on 7/31/2023

In late June 2023, Europe’s highest court confirmed in a hotly anticipated judgment involving leading Portuguese beer and beverage producer Super Bock Bebidas that resale price maintenance (RPM)—namely the vertical fixing of...more

Vertical Agreements & Restriction of Competition by Object: What’s New in Europe?

McDermott Will & Emery on 7/11/2023

On June 29, 2023, the Court of Justice of the European Union (CJEU) delivered a preliminary ruling in the Super Bock Bebidas vs. Autoridade da Concorrência case (C-211/22) on the questions referred by the Tribunal da Relaçao...more

EU Court of Justice provides guidance on resale price maintenance under EU competition law – the judgement in Super Bock

White & Case LLP on 7/7/2023

The fact that the European Commission (EC) classified resale price maintenance as a hardcore restriction under its Vertical Block Exemption Regulation does not mean that it automatically violates EU competition law as a "by...more

Europe’s Top Court on Merger Review: No Deals Are ‘Off the Table’

Cooley LLP on 4/14/2023

The European Union’s top court recently confirmed that an M&A transaction that does not require mandatory pre-merger authorization may be investigated post-merger on suspicion that the transaction involved an ‘abuse’ of the...more

Doing a deal as an abuse of dominance? The ECJ’s decision in Towercast

BCLP on 3/30/2023

On 16 March 2023, the ECJ published its judgment in Towercast (C-449/21), confirming that Article 102 TFEU (which prohibits abuses of a dominant market position) may apply to transactions which fall below national and EU...more

ΑG opines that all of Servier’s pay-for-delay deals were restrictions of competition by object

A&O Shearman on 8/4/2022

On 14 July 2022, Advocate General (AG) Kokott delivered her much awaited (non-binding) Opinions in Cases C-176/19 P, Commission v Servier and Others and C-201/19 P, Servier and Others v Commission. ...more

The Intel Judgment: (Re)balancing the Burden of Proof

WilmerHale on 2/7/2022

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

Top EU Court rules on the EU Blocking Regulation against U.S. sanctions for the first time

WilmerHale on 1/31/2022

Top EU Court Rules on the EU Blocking Regulation Against US Sanctions for the First Time - On December 21, 2021, the Court of Justice of the European Union (CJEU), sitting as a “Grand Chamber” (a formation used, among...more

Europäischer Gerichtshof wird über Schadensersatz wegen Datenschutzverstößen entscheiden

Latham & Watkins LLP on 5/19/2021

Die Entscheidung des EuGH wird erhebliche Auswirkungen auf Unternehmen und Schadensersatzklagen nach Art. 82 DSGVO haben. Der Österreichische Oberste Gerichtshof (OGH) hat mit Beschluss vom 15. April 2021 (Az. 6Ob35/21x)...more

Changing Roles: the CMA during the Transition Period and beyond

White & Case LLP on 2/1/2020

As the UK departs the European Union, the CMA – the UK competition regulator – is facing a transformation in its mandate. White & Case considers how the CMA will approach its workload during and after the Transition Period...more

The Foreign Investment Regulation Review Seventh Edition - EU Overview

Hogan Lovells on 10/21/2019

Foreign investment continues to garner a great deal of attention. This trend is expected to continue as the global economy further integrates, the number of cross-border and international transactions keeps increasing, and...more

CETA’s dispute settlement mechanism compatible with EU law - a closer look at the CJEU’s opinion

WilmerHale on 6/19/2019

Is the Court of Justice Opinion 1/17, in response to Belgium’s concerns over the compatibility of the Comprehensive Economic Trade Agreement (CETA) Tribunals and EU law, a further step towards investor-state dispute...more

Annual EU Competition Review 2018

McDermott Will & Emery on 2/19/2019

CARTELS & RESTRICTIVE AGREEMENTS - CJEU’S EYE-OPENING RULING ON ANTITRUST COMPLIANCE AND OFF-LABEL MISINFORMATION – C 179/16, HOFFMAN-LA ROCHE AND OTHERS V AGCM, 23 JANUARY 2018 – On 23 January 2018, the CJEU...more

EU Court confirms the need for transparency and full disclosure of economic analyses in EU merger cases (UPS/TNT)

White & Case LLP on 1/18/2019

On 16 January 2019, the Court of Justice of the European Union ("CJEU" or "Court") dismissed the European Commission's appeal against the annulment of its decision to prohibit the acquisition of TNT by UPS. The CJEU stressed...more

AG Wathelet Opinion: No Half-Baked Excuses on State Aid and the Incentive Effect

A&O Shearman on 10/2/2018

Advocate General Wathelet has issued his opinion in the Eesti Pagar preliminary ruling, which if followed could have significant implications for Member States, national authorities and beneficiaries of State aid. Wathelet’s...more

European Court of Justice asked to confirm whether EU law permits unilateral revocation of Article 50 withdrawal notice

BCLP on 9/27/2018

On 21 September 2018, the Inner House of the Court of Session, Scotland’s Court of Appeal, requested a preliminary ruling from the European Court of Justice as to whether it was possible for the UK to unilaterally withdraw...more

Court of Justice clarifies analysis required to determine if discriminatory pricing amounts to an abuse of dominance

BCLP on 5/1/2018

The Court of Justice of the EU has confirmed that price discrimination by a dominant firm is not in itself illegal under competition law. However, it will infringe Article 102 TFEU if it is capable of distorting competition...more

Excessive Pricing, ‘Pay-For-Delay’ and Rebates: A New Era of Enforcement in the Pharmaceutical Industry

A&O Shearman on 4/26/2018

The European Commission (EC) and other national competition authorities (NCAs) have traditionally shied away from investigating allegations of excessive pricing and appearing as price regulators. Commissioner Vestager warned...more

Brussels Regulatory Brief: April 2018

K&L Gates LLP on 4/20/2018

Antitrust and Competition - Substantial Assets Divestiture Needed to Secure Clearance for the Creation of a Company That Will Control More Than a Quarter of the World’s Seed and Pesticides Market - On 21 March 2018, the...more

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European Union › Treaty on the Functioning of the European Union (TFEU) › Court of Justice of the European Union (CJEU)

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