A Dutch Court Hands Down the First Substantive Damages Judgment in the...
In a recent judgment, a District Court in the Netherlands (the DCA) handed down a judgment in what is the first substantive damages judgment in the Netherlands for a breach of competition law. In...
View ArticleThe Microsoft Internet Explorer Saga: Microsoft Fined €561 Million for...
The European Commission has fined Microsoft €561 million (approximately US$730 million) for failure to abide by a commitment made in 2009 to make a browser-choice screen available to PC-users. The fine...
View ArticleBrussels Court of Appeal Rules that Legal Professional Privilege Applies to...
On 5 March 2013, the Brussels Court of Appeal delivered a judgment finding that, under Belgian law, in-house counsel are covered by legal professional privilege (LPP). In relation to antitrust...
View ArticleSeizure of Electronic Data: Dawn Raid Inspection Guidance Revised
In an era when the vast majority of written communications are made by electronic means, a company’s obligations to cooperate with Commission officials in an “antitrust dawn raid” extend to the...
View ArticleA New Front in The Patent Wars: CJEU Asked for Guidance on Limits to...
The patent wars between large technology companies continue unabated. The Court of Justice of the European Union (CJEU) is set to provide guidance on the antitrust rules when holders of standard...
View ArticleEU’s Top Court Rules that Blanket Ban on Access to Leniency Documents is not...
The European Union’s top court rules that a national law which requires the consent of all parties before access to the file is given to third-party antitrust damages claimants is incompatible with EU...
View ArticleUK Competition Commission Provisionally Finds Anti-Competitive Features in...
The UK Competition Commission (the CC) has provisionally found that there are anti-competitive features in the supply or acquisition of privately-funded health care services, which give rise to adverse...
View ArticleEU Court Strikes Down Iran Asset Freeze Sanctions: Council of the European...
In September 2013, the EU General Court annulled a series of asset freeze sanctions imposed by the Council of the European Union on a number of Iranian entities and one person. The General Court...
View ArticleRelief for harm incurred as a result of protracted judicial review must be...
On 26 November 2013, the European Union’s top court, the European Court of Justice, gave a seminal ruling establishing the principle that a claim for damages for losses incurred as a result of...
View ArticleEuropean Commission Simplifies Aspects of EU Merger Control
The European Commission (Commission) has issued a package of measures (the Reform Package), the rationale for which is to simplify and streamline EU merger control. The Reform Package does this by...
View ArticleIran Sanctions—Implementation of P5+1/Iran Nuclear Non-Proliferation Agreement
The United States and the European Union have begun relieving Iran of some limited sanctions in exchange for Iran’s curtailing its nuclear proliferation activities....By: David Henry
View ArticleFast Developing Events in Ukraine Prompt EU and US Trade Sanctions
Today, March 6, 2014, the European Union (EU) published a regulation imposing sanctions on several specific Ukrainian persons, including the former president of Ukraine, Viktor Yanukovych. In addition,...
View ArticleEuropean Commission Adopts Revised Competition Regime for Technology Transfer...
On 21 March 2014, the European Commission (Commission) adopted a revised set of rules for the assessment of technology transfer agreements by the Commission and national competition authorities. The...
View ArticleTrade Sanctions Imposed in Response to Events in Ukraine
For any companies with interests in Russia or Ukraine, the events of the past several weeks and sanctions imposed by the United States, the European Union (EU), Switzerland, Canada and others may...
View ArticleSignificant Changes to UK Competition Regime Now Effective
The Enterprise and Regulatory Reform Act 2013 took effect on 1 April 2014. Increased efficiencies and deterrence are the main drivers of this reform. As of 1 April 2014, the Enterprise and Regulatory...
View ArticleNew G-7 Sanctions Against Russia
The United States, in coordination with other G-7 nations, announced on Monday, April 28 new sanctions on individuals and entities with ties to the Russian government and President Putin. The newly...
View ArticleTechnology Transfer Agreements: EU Promulgates New Antitrust Rules
The licensing of technology is core to the business model of many companies operating in IP-sensitive industries. Its commercial benefits are myriad. For example, it allows a licensor to take advantage...
View ArticleEU’s Top Court Rules Cartel Victims Can Claim Damages From Cartelists Despite...
In a landmark ruling, the EU’s top court, the European Court of Justice (ECJ) in Kone and Others C-557/12 of 5 June 2014, has held that, where a cartel causes competing companies to increase their...
View ArticleEU Court Maintains Tough Stance Against Business Practices by Firms With...
On 12 June 2014, the European Union’s court of first instance, the General Court, in Intel v European Commission (Case T-286/09), condemned a number of Intel’s business practices, including loyalty...
View ArticleThe European Union’s Highest Court Rules on Standard-Essential Patents,...
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...
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