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  • Article

    ECJ Upholds Commission’s Right To Refuse Access To Cartel Documents

    The Court of Justice of the European Union issued a judgment, upholding the European Commission’s right to refuse access to cartel documents.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Upholds GC Ruling In Plastic Industrial Bags Cartel Case

    The ECJ judgment arises from a 2005 decision in which the Commission imposed fines totalling €290.71 million on sixteen companies for infringing Article 101(1) TFEU.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECN Refines Its Model Leniency Programme

    The European Competition Network (ECN) brings together the European Commission and the National Competition Authorities ("NCAs") of all the EU Member States.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Effects On Trade Between Member States: Freight Forwarding Cartel Case

    Under EU case-law, anti-competitive agreements and concerted practices fall within the scope of Article 101 TFEU if there is a sufficient degree of probability that they may have a direct or indirect effect, ...
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Entry Into Force Of New Cooperation Agreement With Switzerland

    On 1 December 2014, the new cooperation agreement in competition matters concluded by the European Union with the Swiss Confederation entered into force.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU Commission Must Provide Adequate Statement Of Reasons When Departing From Standard Fining Methodology

    In such circumstances, the Commission is required to provide a statement of reasons for this departure, including an explanation of the factors which enabled it to determine the gravity of the infringement and its duration...
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Does Not Expect Commissioners To Attend Hearings And Dismisses Bolloré’s Appeal Against Commission’s Re-Adoption Of Carbonless Paper Cartel Decision

    On 27 June 2012, the EU's General Court ("GC") handed down its judgment on the appeal brought by French investment and industrial group Bolloré.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Largely Upholds Commission Decision In Calcium Carbide And Magnesium Reagents Cartel Case, But Adjusts Fines On Account Of Breaches Of Principles Of Equal Treatment And Proportionality

    On 23 January 2014, the General Court of the European Union ("GC") handed down three separate judgments concerning appeals brought by SKW Stahl-Metallurgie ("SKW"), Evonik Degussa and its subsidiary Alzchem ("Degussa"), and Gigaset against a 2009 European Commission decision fining them for their participation in a cartel on the markets for calcium carbide-based and magnesium-based reagents.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Reduces ENI’s Fine For Lack Of Recidivism In Paraffin-Wax Cartel Case

    On 12 December 2014, the EU General Court handed down judgments on a number of appeals against the European Commission’s decision in the paraffin-wax cartel case.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Rules On Hybrid Cartel Settlement For First Time

    The cartel in question was a six-party European cartel among makers of phosphates used in animal feed, dating back to 1969.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Rules That Opening Of Merger Phase II Cannot Be Appealed

    On 27 November 2017, the General Court ("GC") dismissed appeals brought by HeidelbergCement and Schwenk Zement against the European Commission's ...
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Upholds Microsoft/Skype Merger Clearance

    On 11 December 2013, the EU General Court upheld the European Commission’s clearance of Microsoft’s acquisition of Skype against a challenge brought by Cisco Systems and Messagenet.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU Legislators Reach Agreement On Digital Markets Act

    The EU Parliament and Council reached political agreement on the Digital Markets Act (DMA) late on Thursday night. The Commission has been quick to welcome the agreement, stating that the DMA...
    European UnionAntitrust/Competition Law
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    European Commission And Chinese MOFCOM Agree Best Practices Framework For Merger Control Cooperation

    The Commission and Chinese authorities agreed to a Memorandum of Understanding in 2012 describing potential exchanges of views and experiences with respect to competition and anti-monopoly law.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Relieves Deutsche Bahn Of Duty To Meet Commitments Decision Following Market Developments

    On 8 April 2016, the Commission announced that it had adopted a decision to relieve Deutsche Bahn of its obligation to comply with a commitments decision made binding on the company in December 2013.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Sends Statement Of Objections To Google Regarding Android

    On 20 April 2016, the European Commission confirmed it issued a Statement of Objections ("SO") to Google concerning the imposition of restrictions on Android device manufacturers and mobile network operators.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Union – EU General Court Partially Annuls European Commission Decision In Marine Hoses Cartel Case

    The General Court of the European Union recently handed down judgments partially annulling the European Commission’s decision of 28 January 2009 in the marine hoses cartel case following appeals by Parker ITR, Trelleborg Industrie, and Manuli Rubber Industries.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    General Court Dismisses Appeals Against The Commission Margin Squeeze Decision In Telefónica

    On 29 March 2012, the General Court dismissed in their entirety two appeals brought against the European Commission decision which found that Telefónica had abused its dominant position in the market for access to broadband internet in Spain by engaging in a margin squeeze.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Marine Harvest Loses Appeal Against € 20 Million Fine For Failure To File

    On 26 October 2017, the General Court dismissed an appeal by Marine Harvest against a € 20 million fine imposed on it by the Commission for implementing its acquisition of sole control over Morpol ...
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Non-Binding Nature Of Commitment Decisions Adopted By The Commission On National Courts

    Under the EU commitment procedure set out in Article 9 of Regulation 1/2003, companies may offer commitments to address the competition concerns identified by the European Commission
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis

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