News & Analysis as of

European Commission Anti-Competitive Treaty on the Functioning of the European Union (TFEU)

Latham & Watkins LLP

A Look At UK, EU And US Cartel Enforcement Trends

Latham & Watkins LLP on

Demonstrating both increased cross-border collaboration and the adoption of novel theories of cartel violations, the European Commission and the U.K. Competition and Markets Authority, together with the U.S. competition...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Turns Focus to Competition in Labour Markets, Targeting Wage-Fixing and No-Poach Agreements

As a new policy statement from the European Commission (EC) treats wage-fixing and no-poach agreements as inherently anticompetitive (restriction of competition “by object”) with few possible defences, companies should...more

White & Case LLP

Labour related agreements in the European Commission’s antitrust spotlight: New Policy Brief on Antitrust in Labour Markets

White & Case LLP on

Until now, the European Commission's (EC) antitrust focus on labour-related issues has been timid. This may soon change. The EC has recently published a policy brief on labour markets, explaining that in its view, wage-fixing...more

K&L Gates LLP

Brussels Regulatory Brief: March 2024

K&L Gates LLP on

Antitrust and Competition - The European Commission Fines Apple EUR 1.8 billion for Abusing Its Dominant Position in the Music Streaming Sector - On 4 March 2024, the European Commission (Commission) fined Apple EUR 1.8...more

BCLP

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

BCLP on

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

Morrison & Foerster LLP

Sustainability and Antitrust – Do the EU Commission’s New Horizontal Guidelines Bring Fresh Momentum to the Debate and Provide...

On June 1, 2023, the EU Commission (EC) adopted its New Horizontal Guidelines on the applicability of the EU’s prohibition of anticompetitive agreements (Art. 101 Treaty on the Functioning of the European Union (TFEU)),...more

A&O Shearman

Revised EU rules on horizontal cooperation agreements include guidance on sustainability initiatives, information exchange and...

A&O Shearman on

On 1 June 2023, the European Commission (EC) adopted revised Horizontal Block Exemption Regulations on research & development agreements (R&D BER) and specialisation agreements (Specialisation BER) (jointly referred to as...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Clarifies Effect-Based Enforcement of Exclusionary Conduct by Dominant Companies

In the European Commission’s (EC’s) most significant policy shift on abuse of market dominance in 15 years, the authority published revised guidelines, heralding a shift away from the more economics-led approach that the...more

Kramer Levin Naftalis & Frankel LLP

European Commission — Trucks Cartel: Clarification on the Concept of ‘Single and Continuous Infringement’ and Its Impact on the...

Following the European Commission’s decision on the trucks cartel matter (European Commission, Sept. 27, 2017, AT.39824) that fined Scania up to €880 million (USD 950M), the General Court of the European Union rejected...more

K&L Gates LLP

Brussels Regulatory Brief: March 2022

K&L Gates LLP on

The European Commission Opens Investigation into an Allegedly Anticompetitive Agreement Between Two Global Tech Companies Active in Online Display Advertising Services - On 11 March 2022, the European Commission (Commission)...more

McDermott Will & Emery

European Commission Seeks Comments on Revised Horizontal Guidelines Draft

On 1 March 2022, the European Commission launched a public consultation inviting stakeholders to comment on a revised Horizontal Block Exemption Regulations on Research & Development and Specialisation (HBERs) draft, as well...more

White & Case LLP

EU General Court demands a vigorous effects-based analysis for rebates cases and annuls the European Commission’s Intel decision...

White & Case LLP on

On 26 January 2022, the EU's General Court (GC) annulled the European Commission's (EC) €1.06 billion fine on Intel for abusing a dominant position with its rebate schemes. The judgment demonstrates that the European Courts...more

MoFo Life Sciences

Pay-For-Delay Has A Tough (Antitrust) Time At EU Top Court

MoFo Life Sciences on

In recent years, there have been various antitrust investigations in the pharmaceutical sector resulting in decisions of the European Commission (EC) and the European Courts. In two recent rulings – “Lundbeck and...more

Latham & Watkins LLP

Pay-for-delay: Review of the ECJ judgment in Lundbeck (Citalopram)

Latham & Watkins LLP on

The Court of Justice of the European Union (ECJ) has confirmed that pay-for-delay agreements with generic manufacturers ready to enter the market violate EU antitrust rules. ...more

Epiq

Current Trends in European Competition Law Spark Proposal of New Tool

Epiq on

Globally, competition regulators have increased their attention to digital companies since big tech firms and dual platforms have the capabilities to gain disproportional advantages. Competition and antitrust laws aim to...more

White & Case LLP

German Monopolies Commission calls for level competitive playing field in sports sector

White & Case LLP on

On July 29, 2020, the German Monopolies Commission published its 2020 biennial Report on Competition (Hauptgutachten XXIII: Wettbewerb 2020) under Section 44(1) Act against Restraints of Competition (“GWB”). ...more

White & Case LLP

On Your Skates! Lessons for Sports Governing Bodies and Event Organisers from the European Commission's ISU Decision

White & Case LLP on

In the International Skating Union case, the European Commission investigated the compatibility of the ISU’s Eligibility Rules with EU competition law following a complaint by two Dutch ice speed skaters. Upon finding the...more

A&O Shearman

COVID-19 and Antitrust: Crisis and Change

A&O Shearman on

How will European Competition Enforcers Respond? The COVID-19 pandemic presents an unprecedented challenge to the economy and competition enforcement is no exception. Authorities at EU and national level may need to...more

White & Case LLP

Who'd have guessed: Coty did not end the debate!

White & Case LLP on

The e-commerce sector inquiry and inconsistent national case law and enforcement practice have illustrated the need for clarifications and/or reform regarding e-commerce restrictions. Even after the ECJ's Coty judgment, a...more

McDermott Will & Emery

General Court Annuls European Commission Decision on Belgian Excess Profit Exemption System

McDermott Will & Emery on

On 14 February 2019, the General Court of the European Union (GCEU) annulled the decision of the European Commission (Commission) on the Belgian excess profit exemption system (SA.37667) in its entirety on the ground that the...more

White & Case LLP

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

White & Case LLP on

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

Dechert LLP

The Servier Judgment: A Breath of Fresh Air for Pharmaceutical Companies?

Dechert LLP on

On 12 December 2018, the General Court (“Court”) partially annulled the European Commission’s decision of 9 July 2014 in the Servier case and consequently reduced Servier’s fine by more than 30%, from €330.99 million to...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU General Court Dismisses Parallel Trade Group’s Dual-Pricing Complaint Against GSK

On September 26, 2018, the EU General Court (the Court) upheld the European Commission’s refusal to reinvestigate GlaxoSmithKline SA’s (GSK) Spanish “dual-pricing” distribution arrangements, 20 years after the alleged conduct...more

A&O Shearman

What Role For Fairness in EU Competition Policy and Enforcement?

A&O Shearman on

Is this perception well-founded? And does it represent a new policy trend towards ‘social justice’ objectives or simply a continuation of a policy driver that has underpinned EU competition enforcement for some time?...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Court of Justice Deals Blow to Commitment Decisions

On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in...more

33 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide