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  • 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

    European Commission Ordered To Pay Compensation For Publishing Detrimental Business Information Concerning A Third Party In State Aid Proceedings

    The General Court has ordered the European Commission to pay damages to Idromacchine Srl ("Idromacchine"), a third party in state aid proceedings, for disclosing its name and detrimental information relating to it in a Commission decision that was published in the Official Journal.
    European UnionLitigation, Mediation & Arbitration
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    French Competition Authority Imposes Fine Of € 40.6 Million On Pharmaceutical Company Sanofi-Aventis For Abusive Limitation Of Generic Entry

    The French Competition Authority has recently imposed a fine of € 40.6 million on the pharmaceutical company Sanofi-Aventis for having abused its dominant position on the market for the active ingredient clopidogrel.
    FranceAntitrust/Competition Law
    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
  • Article

    OFT Fines Supermarkets And Dairy Processors £ 49.51 Million For A-B-C Information Exchange Practices

    On 10 August 2011, the Office of Fair Trading ("OFT") issued a decision concluding its investigation into dairy products retail pricing in the UK and imposing a £49.51 million (approximately €56.64 million) fine against four supermarkets and five dairy processors.
    United KingdomAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Competition Authority Imposes Interim Measures On Television Broadcasting Network Operator

    The Competition College of the BCA decided that VRT had not demonstrated that the conditions to impose interim measures were met.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Rules On Scope Of National Limitation Period In Light Of Damages Directive

    Sport TV seeking compensation for the harm caused by the anti-competitive practices established by the PCA.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Confirms Validity Of Broadly-Worded Jurisdiction Clauses In Article 102 Damages Actions

    On 24 October 2018, the Court of Justice of the European Union issued a judgment concerning the interpretation of Article 23 of Council Regulation No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement ...
    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

    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

    Commission Imposes Record € 125 Million Fine On Altice For Gun Jumping

    On 24 April 2018, the European Commission fined Altice, a Dutch-based telecom operator, € 125 million for procedural infringements of the EU Merger Regulation.
    European UnionCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Proposes Whistleblower Protection Rules

    On 23 April 2018, the European Commission (the "Commission") published draft whistleblower protection legislation designed to shield persons who report breaches of EU law ...
    European UnionEmployment and HR
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Supreme Court Clarifies Liability Of Shadow Directors For Late Filing For Bankruptcy

    In doing so, the Supreme Court rejected the argument put forward by the defendants that it had equated the requirement for criminal intent with a mere violation of the fiduciary duties of the directors.
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Fines Clothing Company Guess Close To € 40 Million For Restricting Cross-Border Trade

    The infringement lasted from 1 January 2014 to 31 October 2017.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Of European Union Holds That Administrator Of Facebook Fan Page Is Controller

    Finally, the ULD appealed to the Court which then decided to stay the proceedings and refer a number of questions to the ECJ for a preliminary ruling.
    European UnionPrivacy
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Spanish Competition Authority Publishes Long-Awaited Guidelines On Calculation Of Fines

    On 7 November 2018, the Spanish Competition authority ("CNMC") published a set of provisional guidelines on the calculation of fines for infringements of competition law.
    SpainAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Spanish High Court Annuls € 20 Million Fine Imposed On REPSOL

    On 22 December 2017, the Spanish High Court (Audiencia Nacional) delivered a judgment annulling a 2015 decision adopted by the Spanish Competition Authori ...
    SpainAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis

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