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Treaty on the Functioning of the European Union (TFEU) Antitrust Provisions Competition

WilmerHale

A Practitioner’s Perspective on Direct Effect of EU Law and Antitrust Law

WilmerHale on

EU competition rules are crucial to the strengthening of the Union’s internal market. And direct effect has long been a structuring legal principle of the Union’s legal order, helping to ensure its autonomous nature. Thus,...more

Latham & Watkins LLP

A Less Economic Approach? European Commission Consults on Draft Guidelines for Exclusionary Conduct

Latham & Watkins LLP on

The European Commission (EC) has published draft antitrust guidelines on exclusionary abuses (the Draft Guidelines) and is conducting a public consultation to gather feedback....more

White & Case LLP

The European Commission moves away from economics and proposes a presumption-based approach in its draft guidelines on...

White & Case LLP on

The European Commission has published for public consultation its long-awaited draft Guidelines on exclusionary abuses (draft Guidelines). The draft Guidelines aim at making it faster and easier for the Commission to pursue...more

A&O Shearman

From effects to presumptions? The EC Draft Guidelines on exclusionary abuse

A&O Shearman on

The Draft Guidelines set out the European Commission (EC)’s approach on exclusionary abuse by dominant undertakings. The EC is proposing a shift away from the effects-based approach set out in its earlier enforcement...more

McDermott Will & Emery

Labor Markets in the Focus of European Competition Law

McDermott Will & Emery on

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

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

White & Case LLP

ECJ Advocate General supports the European Commission’s broad interpretation of gun-jumping and the importance of deterrence in...

White & Case LLP on

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

K&L Gates LLP

Brussels Regulatory Brief: April 2023

K&L Gates LLP on

ANTITRUST AND COMPETITION - The European Commission Releases the Article 102 TFEU Package to Ensure Greater Legal Certainty on Exclusionary Abuses of Dominance - Article 102 of the Treaty on the Functioning of the European...more

Kramer Levin Naftalis & Frankel LLP

CJEU Towercast Judgment: The Prohibition of Abuse of a Dominant Position Allows Ex Post Control of Mergers

On March 16, in a preliminary ruling requested by the Paris Court of Appeal regarding Towercast’s appeal of the French Competition Authority’s decision in the TDF case, the Court of Justice of the European Union decided ...more

K&L Gates LLP

Brussels Regulatory Brief: May-June 2022

K&L Gates LLP on

ANTITRUST AND COMPETITION - The European Commission Reviews Its Informal Guidance Notice - On 24 May 2022, the European Commission (Commission) launched a public consultation to gather feedback from interested parties on the...more

Dechert LLP

Vertical restraints: the European Commission revisits its approach to information exchange in situations of dual distribution

Dechert LLP on

On 10 May 2022, the European Commission (the “Commission”) adopted the final version of the new Vertical Block Exemption Regulation (“VBER”), which will enter into force on 1 June 2022. The new VBER, which replaces Regulation...more

Latham & Watkins LLP

Vertical Block Exemption Regulation and Guidelines

Latham & Watkins LLP on

On 10 May 2022, the European Commission (EC) adopted the new Vertical Block Exemption Regulation (VBER), accompanied by the new Guidelines on Vertical Restraints (Vertical Guidelines). The new rules are the result of a...more

WilmerHale

European Commission adopts new Vertical Block Exemption Regulation

WilmerHale on

On May 10, 2022, the European Commission adopted the final text of the new Vertical Block Exemption Regulation (VBER) accompanied by the new Guidelines on Vertical Restraints (the VGL), which provide detail on interpretation...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

Skadden, Arps, Slate, Meagher & Flom LLP

Proposed EU Competitor Cooperation Guidelines Tougher on Information Sharing, but Scope Provided for Sustainability Agreements

The European Commission (Commission) is accepting public comment on its proposed revisions to European Union regulations and guidance on common competitor cooperation arrangements, which are due to expire on 31 December 2022....more

WilmerHale

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

WilmerHale on

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

Hogan Lovells

The seeds are planted… European Commission outlines its view on antitrust and the “Green Deal”

Hogan Lovells on

“Green competition law”, one of the most important topics in contemporary competition policy, is starting to take more shape in the EU. On 10 September, following around 200 feedback contributions from stakeholders and an...more

Hogan Lovells

Fit for the digital age – EU Commission consults on new competition rules for vertical agreements

Hogan Lovells on

The European Commission has invited interested parties to comment on the revised competition rules applicable to vertical arrangements under the Vertical Block Exemption Regulation and the Vertical Guidelines. It comes as no...more

White & Case LLP

New EU competition rules for distribution agreements

White & Case LLP on

On 9 July 2021, the European Commission (EC) published for public consultation a draft revised Vertical Block Exemption Regulation (VBER) and draft revised guidelines on vertical restraints (Vertical Guidelines). The EC has...more

Morgan Lewis

COVID-19: EU Relaxes Competition Rules for Cooperation in Dairy, Potato, and Flower Sectors

Morgan Lewis on

The European Commission (EC) on May 4 announced the adoption of exceptional derogations from EU competition rules to allow certain types of cooperation in the following sectors: milk and milk products, potatoes, and live...more

Morgan Lewis

COVID-19: The Return of the ‘Comfort Letter’

Morgan Lewis on

The European Commission published its first comfort letter in nearly 20 years on April 29, in an effort to foster cooperation among businesses during the coronavirus (COVID-19) pandemic. ...more

Orrick - Antitrust Watch

The Implications Of Brexit On The Competition Law Landscape: Key Takeaways From The CMA’s ‘Guidance On The Functions Of The CMA...

The UK will no longer be a Member State of the European Union (the “EU”) as of 11 p.m. on 31 January 2020 (“Exit Day”). A ‘transition period’ will run from Exit Day until 11 p.m. on 31 December 2020 (the “Transition Period”)....more

Orrick, Herrington & Sutcliffe LLP

More Affordable and Innovative Medicines and Treatments in Europe – Has the Competition Enforcement Met the 2009 Objective?

A decade ago, the European Commission conducted a thorough sectoral inquiry into the European pharmaceutical sector that identified antitrust shortcomings impeding access to more affordable and innovative medicines and...more

McDermott Will & Emery

Annual EU Competition Review 2018

McDermott Will & Emery on

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

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

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