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RECENT DEVELOPMENTS REGARDING COMMITMENTS
THE PROCEDURE IS CLARIFIED, BUT MAY COMMITMENTS APPLY WITHOUT LIMIT?
In most competition laws, the commitment procedure now plays a very significant role. Inspired by US consent decrees, it allows undertakings to solve the competition concerns contained in the preliminary assessment of the Competition Authority (the “Authority) and to propose commitments in order for them to avoid being sentenced for restrictive agreement or abuse of dominance.
Landmark decision by French Competition Authority in conditioned LPG case
cartel case closed after discovery that leniency application was largely based on forgeries and rejection of collective dominant position objection.
Legal Newsletter: COMPETITION/DISTRIBUTION
Clarification on the anti-competitive exchange of information between companies
Legal Newsletter: COMPETITION/DISTRIBUTION
New European Commission regulation on vertical agreements and concerted practices adopted on April 20, 2010
Legal Newsletter: COMPANY LAW
An act by an SAS company in violation of its by-laws will not necessarily be invalidated
Legal nature of the management agreement under the Bulgarian company law (critical notes)
The management agreement is regulated in the Bulgarian Commercial Act ("CA") respectively for the limited liability company ("LLC") in Art. 141, par, 7 CA and for the joint stock company ("JSC") in Art. 241, par.6 and Art. 244, par. 7 CA. According to the statutory provisions cited the relations between the company and the manager, respectively the board of directors or the management board, are to be regulated by management agreement concluded in writte form.
Expatriates are not all in the same boat
Many French executives are seconded by their company or move to another EU country for variable periods. But care must be taken: employment contracts, relations with the employer and social benefits may differ depending on the circumstances.
Limitation of parallel trade not necessarily a restriction of competition
The EC Court of First Instance has recently held that an agreement that aims at limiting parallel trade does not necessarily have for its object to restrict competition.