European Commission Dawn Raids: EU General Court Reins in “Fishing Expeditions”
On 14 November, the EU General Court ruled in related cases T-135/09 and T-140/09 that the European Commission had been too broad when setting out its mandate for the carrying out of dawn raids at the...
View ArticlePoland in the Spotlight: Extensive Changes to Polish Competition Law
Polish legislators have confirmed their commitment to change significantly the provisions of the Polish Competition Act. The proposed amendments will undoubtedly change Polish competition law...
View ArticleThree-Year Deadline for Recovery of Invalid Anti-Dumping Duties
The judgment of the Court of Justice of the European Union in CIVAD (C-533/10, 14 June 2012) reminds all importers that even if the Court declares an anti-dumping duty or countervailing duty invalid,...
View ArticleRelease of Confidential Cartel Information by European Commission to English...
On 29 November 2012, the EU General Court (GC) issued a provisional order suspending the European Commission’s decision to communicate to the High Court of England and Wales a copy of Alstom’s reply to...
View ArticleEuropean Commission to Settle Half its Ongoing Cartel Investigations in 2013
Joaquín Almunia, the European Union’s Commissioner for Competition, has announced that the European Commission hopes to settle around half of its outstanding cartel cases in 2013. It’s time to review...
View ArticleJoint and Several Liability For Antitrust Fines: Parent Company Can Benefit...
A judgment of the EU General Court in March 2011, upheld on appeal by the Court of Justice of the European Union (CJEU) on 22 January 2013, is potentially good news for parent companies. Where both a...
View ArticleMaritime Transport Subject to EU General Competition Law Guidelines From 26...
Up until 18 September 2006, maritime transport services were exempt from the EU competition rules in respect of liner conferences. In addition, cabotage and international tramp vessel services were...
View ArticleUK Government Announces Proposals for an “Opt-Out” Collective Competition...
On 29 January 2013, the UK Government’s Department for Business, Innovation & Skills announced new proposals designed to improve the ability for consumers and businesses to bring collective damages...
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 ArticleRequests for Suspension of EU Common Customs Tariff Still Under Consideration
Over 250 of the product requests submitted for tariff suspensions in January 2014 are still being examined by the EU Economic Tariff Question Group. The list of the products for which duty suspensions...
View ArticleRevisions to The European Union’s Trade Defence Instruments
The European Commission has published legislative proposals that would make EU anti-dumping and anti-subsidy instruments more efficient and better adapted to shield EU producers from unfair practices....
View ArticleIP Update, Vol. 16, No. 9, September 2013
Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant...
View ArticleIP Update, Vol. 16, No. 10, October 2013
No Case or Controversy in DJ Against Patentee Who Sued Manufacturer’s Customers: Cisco Systems, Inc. v. Alberta Telecommunications Research Center - In a non-precedential opinion addressing declaratory...
View ArticleA Giant Leap: EU-China Bilateral Investment Treaty Negotiations to Be...
Negotiations for a bilateral investment treaty between the European Union and China are expected to be formally launched during the EU-China Summit next week. Though the launch would be just the first...
View ArticleCJEU Rules Maximum Cartel Fine Applies Only to Infringing Subsidiary Turnover...
On 4 September 2014, the Court of Justice of the European Union (CJEU) confirmed that the maximum fine of 10 per cent of turnover imposed on the infringing subsidiary of a non-infringing parent company...
View ArticleNew EU Competition Commissioner Magrethe Vestager to Take Office in November,...
In an announcement made on 10 September 2014, the President-elect of the next European Commission, Jean-Claude Juncker from Luxemburg, unveiled his team and announced that Magrethe Vestager from...
View ArticleNew EU Competition Commissioner’s Priorities For 2014-2019: Hearing Before...
Margrethe Vestager, former Deputy Prime Minister of Denmark, is designated to become the next EU Competition Commissioner in November 2014. The EU Competition Commissioner is a powerful figure in...
View ArticleCooperation Agreement Between European Union and Switzerland in Competition...
The Cooperation Agreement between the European Union and Switzerland in competition matters, which entered into force on 1 December 2014, is the first “second generation” agreement concluded by the...
View ArticleA New Concept in Cartel Fining: “Direct EEA Sales Through Transformed Products”
On 9 July 2015, the Court of Justice of the European Union (CJEU) issued its judgment in InnoLux Corp. v Commission C-231/14P, confirming the existence of a new concept in cartel fining: “direct...
View ArticleRecent Judgments Illustrate How the European Commission Can Correct Its...
As a general proposition, when the validity of a European Commission antitrust decision is challenged before the General Court of the European Union (GCEU), the procedure is one of judicial review, not...
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