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Catch-22: The European Commission Keeps Broadening Merger Control...
A recent speech[1] by the European Commission’s (the Commission)’s Commissioner for Competition Margrethe Vestager (the Commissioner), on the 30th anniversary of the EU Merger Regulation (EUMR),...
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“No Magic Number” Means “No Magic Number”: Will the EU Court Turn the Tide on...
The General Court’s judgment in CK Telecoms[1] annulling the European Commission’s (“Commission”) 2016 prohibition decision of the UK mobile merger raised quite a bit of interest beyond the Brussels...
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European Commission issues proposed guidance on information exchange in dual...
As part of its review of the EU antitrust rules governing vertical agreements, the European Commission (EC) has published for consultation a draft new section of its Vertical Guidelines, which contains...
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New EU competition rules for distribution agreements
On 10 May 2022, the European Commission (“EC”) published a new Vertical Block Exemption Regulation (“VBER”) and guidelines on vertical restraints (“Vertical Guidelines”) that will enter into force on 1...
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EU General Court confirms EC decision fining Canon €28 million for gun...
On 18 May 2022, the EU General Court (the “GC”) upheld the European Commission’s (the “EC”) €28 million fine imposed on Canon for gun-jumping in the context of a (somewhat unique) so-called warehousing...
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Lessons from the EU General Court’s recent rejections of two appeals of...
On 18 May and 22 June 2022, the EU General Court upheld two European Commission prohibition decisions. Both judgments endorsed the European Commission’s assessment of the mergers at issue, recognising...
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ECJ Advocate General Opines That Non-Reportable Transactions Could Be Caught...
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...
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2022 Year in Review: Australia, Brazil, Saudi Arabia, and Turkey Saw...
Key Highlights The Ukraine War: Merger filing activity in Ukraine was down 61% compared to 2021, but the Ukrainian competition authority throughout 2022 reviewed over 300 mergers and continued to...
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EU Court of Justice Clarifies the Scope of the Essential Facilities Doctrine...
On 12 January 2023, the EU Court of Justice upheld the EU General Court’s judgment imposing a fine on Lithuanian Railways for dismantling a section of the railway track. While reaffirming its essential...
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EU Court of Justice Confirms That the Intel Effects-Based Approach Applies to...
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...
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European Court of Justice Confirms that National Authorities Can Review...
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...
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The New EU Horizontal Cooperation Antitrust Rules
The European Commission (“EC”) has published its final revised Horizontal Cooperation Guidelines and adopted new R&D and Specialisation Block Exemption Regulations (HBERs). The EC’s aim is to...
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New Guidance on Network Sharing Agreements: More Questions Than Answers?
On 1 June 2023, the European Commission published its new Horizontal Cooperation Guidelines (HCG) with a view to providing improved guidance for competitors wishing to cooperate, including in areas not...
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