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  • Article

    Spanish Supreme Court Rules That Maximum Fine For Very Serious Antitrust Breaches Is 10% Of Total Business Turnover

    On 5 February 2015, the Spanish Supreme Court issued a ruling which put an end to the controversy surrounding the interpretation of Article 63.1 of the Spanish Competition Act ("SCA")...
    SpainAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Spanish Supreme Court Voids Exclusive-Supply Agreement Previously Subject To Commitments By The European Commission

    Spain's Supreme Court has voided a contract including an exclusive-supply clause in favour of Repsol, following a judgment of the Court of Justice of the European Union ....
    SpainAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Appeal Overturns CAT In Landmark Collective Action Against Mastercard

    On 16 April 2019, the UK Court of Appeal ruled that the Competition Appeal Tribunal ("CAT") had incorrectly refused to certify a major collective action brought against Mastercard.
    United KingdomAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    English High Court Orders Limited Disclosure Of Leniency Documents In Gas Insulated Switchgear Damages Action

    On 4 April 2012, the English High Court issued an order in a pending private damages claim arising out of the gas-insulated switchgear (GIS) cartel case, further to which it has granted the claimants access to a limited set of materials produced by the defendants in leniency applications made before the European Commission.
    United KingdomAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    UK Competition Commission Makes Provisional Finding Of Lack Of Competition In Pay-TV Movies And Proposes Licensing Restrictions As Remedy

    On 19 August 2011, the UK Competition Commission ("CC") announced its provisional finding that Sky’s control over subscription pay-TV movie rights in the UK is restricting competition between pay-TV providers, leading to higher prices and reduced choice and innovation for subscribers.
    United KingdomAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    UK Court Stops Recovery Of Antitrust Fines

    On 26 January 2015, the English High Court issued a judgment dismissing lawsuits brought by a tobacco manufacturer.
    United KingdomAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    UK OFT Reduces BA Fuel Surcharge Fine To £ 58.5 Million

    On 19 April 2012, the UK’s Office of Fair Trading (OFT) announced its decision to fine British Airways (BA) £ 58.5 million (around € 71 million) for anti-competitive practices.
    United KingdomAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Austrian Supreme Court Of Justice Increases Fine On Retailer Spar

    On 8 October 2015, the Austrian Supreme Court of Justice increased the fine against Spar, a food retailer, from € 3 million to € 30 million after upholding an earlier finding of illegal pricing agreements relating to dairy products.
    AustriaAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Competition Authority Dismisses Spira’s Complaint Against De Beers

    On 15 October 2014, the Belgian Competition Authority dismissed on the basis of its enforcement priorities an antitrust complaint filed by A. Spira BVBA against De Beers UK Limited and Diamdel NV.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Supreme Court Confirms Directors’ Interim Powers Following Expiry of Mandate

    The Belgian Supreme Court handed down a judgment concerning the powers of a director between the expiry of his or her mandate and the next shareholders’ meeting.
    BelgiumCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Constitutional Court Declares Prior Recognition Requirement For Class Action Group Representatives Unlawful

    On 17 March 2016, the Belgian Constitutional Court partially annulled Article XVII.39 of the Code of Economic Law (Constitutional Court, judgment 41/2016 of 17 March 2016).
    BelgiumLitigation, Mediation & Arbitration
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Competition Authority Conditionally Clears Acquisition In Market For Full-Line Distribution Of Pharmaceutical Products

    The Belgian Competition Authority published a non-confidential version of its 20 April 2017 decision to clear the acquisition of Belmedis, Espafarmed, Cophana, Alpha Partners and a controlling stake in Sofiadis by McKesson.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Dismisses Schindler Appeal In Lifts Cartel Case

    The Court of Justice of the European Union has recently handed down its judgment in an appeal brought by the Schindler group against a judgment of the General Court which upheld the European Commission’s 2007 decision finding that the companies within the Schindler group had infringed Article 101(1) TFEU by participating in a cartel on the market for elevators and escalators.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Court Of Justice Dismisses Appeals In Plastic Industrial Bags Cartel Case

    On 26 November 2013, the European Court of Justice ("ECJ") handed down three judgments dismissing in their entirety appeals brought by Group Gascogne, Gascogne Sack Deutschland and Kendrion against the General Court’s ("GC") rulings in the plastic industrial bags cartel case.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Court Of Justice Reduces Fine Of Ballast Nedam In Dutch Road Bitumen Cartel Case

    The ECJ handed down a ruling partially setting aside the GC’s judgment in the road bitumen cartel case and reducing the fine imposed on Ballast Nedam.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    English High Court Issues "FRAND" Injunction In Dispute Involving Standard Essential Patents

    On 7 June 2017, Justice Birss of the English High Court of Justice issued a "FRAND" injunction against Huawei in its longstanding licensing dispute pitting it against Unwired Planet, a US based patent assertion entity.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    International Exhaustion Of Trademark Rights In The Light Of EU Competition Law And The GATT And Trips Agreements To Be Clarified By The European Court Of Justice

    On 21 December 2013, the EU’s Official Journal published a request for a preliminary ruling from a Greek Court (Monomeles Protodikeio Athinon) inquiring whether the use by Honda Giken Kogyo Kabushiki Kaisha ("Honda") of its trademarks to prevent the importation of Honda spare parts from Thailand to Greece breaches Articles 101 or 102 TFEU or is in conflict with international trade rules, i.e. the GATT and TRIPs agreements.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Quantitative Selective Distribution: The Paris Commercial Court Rejects An Action Against A Car Manufacturer

    On 16 June 2015, the Paris Commercial Court rejected a claim for damages brought by Siac, a former member of Renault's selective distribution system, against Renault.
    FranceAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Swedish Court Finds That Booking.Com's Narrow Vertical Price Parity Clauses Infringe Article 101 TFEU

    On 20 July 2018, the Swedish Patent and Market Court found that so-called narrow vertical price parity clauses in contracts between Booking.com and hotels in Sweden, which prevented the hotels from ...
    SwedenMedia, Telecoms, IT, Entertainment
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    CMA Assesses MFN Clauses In Contracts Between Motor Insurance Companies And Price Comparison Websites

    On 24 September 2014, the Competition and Markets Authority released a report on the private motor insurance market.
    United KingdomAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis

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