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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Developments Worldwide

Articles contributed by Arnold & Porter (UK) LLP

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The role of arbitrators in EU antitrust law

December 2013 - EU & competition. Legal Developments by Arnold & Porter (UK) LLP.

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In May 2014, it will be ten years since Regulation No 1/2003 entered into force. When the legislator of the European Union adopted this Regulation on 16 December 2002, its main objective was to decentralise the enforcement of the two main provisions of EU antitrust law, Articles 81 and 82 of the Treaty establishing the European Community (now Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU)). Where do the arbitrators fit in this picture?‚Ä©

Proposed changes to the EU merger control regime risk increasing the burden of the process on busine

October 2013 - EU & competition. Legal Developments by Arnold & Porter (UK) LLP.

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Much has been made about the 
European Commission's proposals to extend the scope of the EU Merger Regulation1 to apply to the acquisition of non-controlling minority interests. As explained in previous articles in this publication, these proposals were motivated largely by the Commission's frustration at not being able to regulate the minority shareholding that Ryanair retained in Aer Lingus even after the Commission had blocked its full acquisition of the company. As a result, the Commission is now consulting on whether, and if so how, to make the necessary changes to capture minority shareholdings without placing an undue burden on business. However, earlier this year, the Commission consulted on another set of proposed changes to the EU Merger Regulation which are similarly intended to reduce the burden on business of the European merger control process.


European Commission tables measures to facilitate private antitrust damages litigation in Europe

September 2013 - EU & competition. Legal Developments by Arnold & Porter (UK) LLP.

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On 11 June 2013, the European Commission published a package of measures aimed at making it easier for victims of illegal cartels and other violations of European law to recover damages before national courts throughout the European Union. Following several years of political debate, the key documents published by the Commission are:‚Ä©

  • proposal for an EU directive on civil antitrust damages litigation.1 The proposed directive would partially harmonise the widely differing member state rules of substance and civil court procedure that apply in private actions for damages concerning violations of ‚Ä®EU competition law. It notably addresses: preservation and disclosure of evidence (including leniency documents), binding effect of authorities' decisions, the ‚Äėpassing-on' defence, limitation periods, joint and several liability of infringers, and proof and quantification of harm; and ‚Ä©
  • non-binding recommendation2, urging member states to enable groups of victims to bring court actions more efficiently (‚Äėcollective redress') when seeking injunctions or compensation ‚Ä®for violations of EU competition and ‚Ä®any other substantive EU laws.‚Ä©

Passive investments and the EU Merger Regulation

July 2013 - EU & competition. Legal Developments by Arnold & Porter (UK) LLP.

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Arnold & Porter (UK) LLP currently authors the EU & Competition section of The In-House Lawyer magazine. For more information and articles from this author click here.

Passive investments and 
cross-directorships among competing companies are common across numerous industries such as banking, airlines, energy and automotives. There are various motivations for these types of arrangements, such as a desire to invest in a familiar industry, or to spread risk, share know-how and form strategic alliances.


These passive investments often take the form of a minority shareholding. While the acquisition of minority shareholdings may be subject to review under UK merger control rules, they are not captured under the EU Merger Regulation (EUMR)1. The announcement on 30 May 2013 of the UK Competition Commission‚Äôs (CC) provisional findings in relation to Ryanair‚Äôs 29.82% shareholding in Aer Lingus has again raised the issue of when such shareholdings should be controlled. The CC‚Äôs provisional findings were that, without the Ryanair shareholding, competition between Ryanair and Aer Lingus may have developed differently and they may have been stronger. ‚Ä© 

Information exchange: don’t slip on the banana skin

July 2013 - EU & competition. Legal Developments by Arnold & Porter (UK) LLP.

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Arnold & Porter (UK) LLP currently authors the EU & Competition section of The In-House Lawyer magazine. For more information and articles from this author click here.

It’s a new dawn, it’s a new day

May 2013 - EU & competition. Legal Developments by Arnold & Porter (UK) LLP.

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Arnold & Porter (UK) LLP currently authors the EU & Competition section of The In-House Lawyer magazine. For more information and articles from this author click here.

Recent decisions of the EU Courts once more show that the way undertakings respond to dawn raids can have a significant impact in terms of fines. At the same time they also clarified the rights of companies being investigated. The European Commission in its turn recently revised its explanatory note on inspections.1 It is therefore worthwhile to look at these current developments. ‚Ä©

Benefits and costs of co-operating under the European Commission’s Leniency Notice

April 2013 - EU & competition. Legal Developments by Arnold & Porter (UK) LLP.

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Arnold & Porter (UK) LLP currently authors the EU & Competition section of The In-House Lawyer magazine. For more information and articles from this author click here.

Companies that have been involved in an illegal cartel affecting trade in the EU may significantly reduce their exposure to sanctions if they decide to co-operate with the European Commission (the Commission) under its Leniency Notice.1 The first company to co-operate and to satisfy the formal requirements is granted total immunity from fines, while companies that co-operate subsequently may be granted a reduction in the amount of the fine, up to 50%. Given these potential benefits, the leniency program is a powerful tool in encouraging companies to provide the Commission with insider information on cartels. ‚Ä©

UK bids to become the forum of choice for antitrust

March 2013 - EU & competition. Legal Developments by Arnold & Porter (UK) LLP.

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Arnold & Porter (UK) LLP currently authors the EU & Competition section of The In-House Lawyer magazine. For more information and articles from this author click here.

The UK Department for Business Innovation & Skills (BIS) has now published the UK government's response to a consultation regarding private actions for damages arising from infringements of UK competition law. In this publication, Private Actions in Competition Law: a Consultation on Options for Reform: Government Response1, the government has made a number of proposals that will - if enacted - have a significant impact on the way private enforcement of competition law is litigated in the UK.

European competition law selected highlights: the last 
six months of 2012

February 2013 - EU & competition. Legal Developments by Arnold & Porter (UK) LLP.

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Arnold & Porter (UK) LLP currently authors the EU & Competition section of The In-House Lawyer magazine. For more information and articles from this author click here.

The last six months of 2012 saw a number of interesting European competition law developments. In this article we summarise those which appear to us to stand out as raising issues of substance or procedure that will affect the application of competition law in the future. In summarising these key developments, we distinguish between developments in relation to 
non-cartel cases, cartel enforcement and merger control respectively.


Proposed changes 
to the EU merger control regime

December 2012 - EU & competition. Legal Developments by Arnold & Porter (UK) LLP.

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Arnold & Porter (UK) LLP currently authors the EU & Competition section of The In-House Lawyer magazine. For more information and articles from this author click here.

In a recent speech on EU merger control, the European commissioner for competition, Joaquin Almunia, identified two areas where he considered changes were required to the current EU merger control regime. First he highlighted his intention to streamline the merger review system to enable the EU Commission to focus on those cases that:‚Ä© 

A fresh look at price promises: the impact of competition law

November 2012 - EU & competition. Legal Developments by Arnold & Porter (UK) LLP.

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Arnold & Porter (UK) LLP currently authors the EU & Competition section of The In-House Lawyer magazine. For more information and articles from this author click here.

Customers may often demand that suppliers' charge prices that are the same as, or lower than, those charged to other customers. For some time, it has been assumed that these arrangements reduce supply chain costs and therefore benefit competition and consumers.‚Ä©