Fierce Competition Podcast | Below-Threshold Mergers: Global Antitrust Scrutiny
NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler
Cross-Border Data Transfers and the EU-US Data Privacy Tug of War
What's Next after the Schrems II Decision of ECJ
Compliance Perspectives: The End of the Privacy Shield
In May 2009, the European Commission (EC) fined Intel EUR1.06 billion for abusing its dominant position in the x86 microprocessor market (CPUs). The EC concluded that Intel had granted anticompetitive loyalty rebates to...more
On 4 October 2024, the European Court of Justice ("ECJ") delivered its judgment in the Diarra case.1 The ECJ finds that some aspects of FIFA's transfer rules regarding financial compensation and imposing additional sporting...more
In the recent years we have seen exponential increases in the amount of fines imposed by the European Commission (Commission) for infringements of competition rules, fines in the range of hundreds of millions or even billions...more
The European Union’s Court of Justice (ECJ) has rendered its two long-awaited judgments in the European Commission’s (EC’s) perindopril case. The 27 June 2024 judgments concern: - The EC’s appeal of the General Court’s...more
Le 27 juin 2024, le laboratoire pharmaceutique Servier – qui, entre 2005 et 2007, avait conclu plusieurs accords transactionnels en matière de brevets impliquant des paiements inversés avec des génériqueurs (Niche/Unichem,...more
The ECJ confirms its intolerance against conduct that is viewed as originator companies buying off competition from generic companies about to enter the market and thereby unduly prolonging their monopoly. Such conduct, which...more
Applying its recent re-interpretation of Article 22 of the European Union Merger Regulation (“EUMR”), which enables Member States to refer to the European Commission (the “Commission”) transactions that do not reach either EU...more
Antitrust and Competition - The European Court of Justice Held Rules Set by Sports Governing Bodies Must Comply With EU Competition Law - On 21 December 2023, the European Court of Justice (ECJ) held in a preliminary ruling...more
On 24 January 2024, the European Commission (EC) published its proposed reform of foreign investment screening in the EU. The proposal introduces more comprehensive rules for the review of foreign investments and strengthens...more
In April 2021, various professional football clubs sought to initiate a revolution against the football system as established and controlled by UEFA and FIFA. Notably, clubs such as Real Madrid, FC Barcelona, and Juventus...more
On 21 December 2023, the European Court of Justice ("ECJ") issued three decisions in three separate cases concerning the discretionary power of sports federations to prevent alternative competitions and to otherwise impose...more
The European Court of Justice (“ECJ”) has ruled that Hungary’s foreign investment screening law is incompatible with EU law, in particular the freedom of establishment enshrined in Article 54 TFEU. In striking down a...more
In Short - The Situation: On July 13, 2023, the European Court of Justice ("ECJ") issued a judgment (Case C-106/22 - Xella) clarifying the conditions under which EU Member States may screen and block foreign direct...more
A recent decision from the European Court of Justice (ruling C-106/22) has significant impact on EU foreign investment screening mechanisms....more
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
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
Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court's Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants...more
The long-awaited European Court of Justice's judgment in Towercast confirmed that national competition authorities (and national courts) can apply abuse of dominance rules to mergers that did not trigger EU and national...more
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
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
The European Court of Justice (the "ECJ") has confirmed1 the EU General Court’s (and the European Commission’s) finding that Goldman Sachs was jointly liable for the conduct of a former subsidiary, Prysmian, which the...more
On 19 November 2020, the European Court of Justice (“ECJ”) ruled on the French ban of cannabidiol (“CBD”) extracted from whole hemp plants in a case relating to the marketing and distribution of hemp oil containing CBD (case...more
IFA reform: proposals for agents - The FIFA Council and the Football Stakeholders Committee unanimously adopted a series of reforms with respect to football player agents in order to "protect the integrity of football and...more
The European Court of Justice's ruling in Paroxetine, handed down in record time just before Brexit, confirms the narrow interpretation of restrictions by object given in other recent cases. It also clarified certain issues...more
The Development: The European Court of Justice ("ECJ") ruled that parent companies and economic successors can be held liable for damages caused by a subsidiary or acquired company in cartel cases. This significantly broadens...more