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
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
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
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
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
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
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
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
The European Commission (“Commission”) has recently published statistics concerning the European Union (“EU”) merger control review process. Typically, the Commission examines larger mergers with an EU dimension, meaning that...more
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
A company that helps with or facilitates a cartel is at just as much risk of sanctions and penalties as are the actual cartelists. This was confirmed by the EU’s highest court (the European Court of Justice (ECJ)) on 22...more
The long-awaited ruling on the seeking of injunctions in the context of standard-essential patents encumbered by fair, reasonable, and non-discriminatory (FRAND) terms has been delivered by the Court of Justice of the...more
On 13 December 2012, the Court of Justice of the European Union (CJEU) held that national competition authorities (NCAs) can apply European competition rules, and fine companies for an infringement of EU rules, even in cases...more