ArticleEuropean Court Of Human Rights Rules That Inspections By French Competition Authority Are Compatible With Article 8 ECHRA subsequent appeal by Janssen-Cilag was dismissed by the French Supreme Court.European UnionInternational LawVan Bael & Bellis
ArticleEuropean Commission Issues 2016 Digital Economy And Society IndexThe DESI is an online tool to measure the progress of EU Member States towards a digital economy and society. European UnionMedia, Telecoms, IT, EntertainmentVan Bael & Bellis
ArticleCourt Of Justice Of European Union Holds That Administrator Of Facebook Fan Page Is ControllerFinally, 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 UnionPrivacyVan Bael & Bellis
ArticleFrance’s Supreme Court Rules That Jaguar Can Limit The Number Of Dealers Selling Its CarsOn 15 January 2013, the Cour de Cassation, France’s highest court, ruled that Jaguar Land Rover France has the right to limit the number of dealers appointed to its selective distribution network in France. FranceAntitrust/Competition LawVan Bael & Bellis
ArticleFrench Competition Authority Imposes Fine Of € 15.3 Million On Pharmaceutical Company Schering-Plough For Abusive Limitation Of Generic EntryOn 19 December 2013, the French Competition Authority (FCA) imposed a fine of € 15.3 million on pharmaceutical company Schering-Plough for defaming a generic drug that competes with its brand name Subutex drug and for granting unjustified price cuts to pharmacies in breach of Article 102 TFEU.FranceAntitrust/Competition LawVan Bael & Bellis
ArticleFrench Court Of Appeal Substantially Reduces The Fine Imposed On Bang & Olufsen From € 900,000 To € 10,000 For Imposing General And Absolute Restrictions On Online SalesThe Court of Appeal confirmed the decision of the French Competition Authority finding that Bang & Olufsen had breached Article 101 TFEU.FranceAntitrust/Competition LawVan Bael & Bellis
ArticleFrench Supreme Court Rules That Globally Seizing Electronic Mailboxes Is Limited By Principle Of Legal Professional PrivilegeOn 24 April 2013, the French Supreme Court ruled that the powers of inspectors to globally seize electronic mailboxes are limited by the rights of the defence and, more specifically, the legal professional privilege. FranceAntitrust/Competition LawVan Bael & Bellis
ArticleParis Court Of Appeal Upholds Fine Imposed On Pierre Fabre For Prohibition Of Online SalesThe Paris Court of Appeal has recently upheld the fine of € 17,000 imposed by the French Competition Authority on Pierre Fabre for banning online sales of its cosmetics, following guidance provided by the Court of Justice of the European Union in a preliminary reference ruling handed down on 13 October 2011. FranceAntitrust/Competition LawVan Bael & Bellis
ArticleTelecom Firm Altice Fined In France For Breaking Merger CommitmentsOn 30 October 2014, the FCA granted its approval for Altice to take sole control of mobile-telephone operator SFR, subject to certain commitments. FranceAntitrust/Competition LawVan Bael & Bellis
ArticleDüsseldorf Regional Labour Court Rejects Thyssenkrupp's Attempt To Recoup Cartel Fine From Former ManagerIn 2012 and 2013, the German Federal Cartel Office ("FCO") had imposed a total fine of € 191 million on ThyssenKrupp for its participation in a cartel on the market for the sale of rail tracks and rail equipment.GermanyAntitrust/Competition LawVan Bael & Bellis
ArticleGerman Court Dismisses Repair Shop Action Over Right To Be Admitted To A Passenger Car Manufacturer’s Authorised Repair NetworkOn 21 December 2011, the Düsseldorf Higher Regional Court (the Court), sitting as the court of last instance, decided an important case concerning the right of a manufacturer of passenger vehicles to refuse to appoint a repairer applying to be admitted to its authorised repair network. GermanyAntitrust/Competition LawVan Bael & Bellis
ArticleGerman Federal Cartel Office Fines SodaStream For Abusive ConductIn 2006, the FCO had previously found that SodaStream (then known as Soda Club) had abused its dominant position on the German market for the refilling of gas cylinders.GermanyAntitrust/Competition LawVan Bael & Bellis
ArticleGerman Federal Court Of Justice Clarifies That Examination Of A Company’s Pricing Elements Can Be Sole Legal Test In Determining Excessive PricingBy decision of 15 May 2012, recently published, the German Federal Court of Justice ("the Court") annulled a decision of the Higher Regional Court of Stuttgart ("HRCS"), by which the latter had annulled a decision of the federal cartel office ("FCO") finding that a dominant water supplier had imposed excessive prices on its retail customers. GermanyAntitrust/Competition LawVan Bael & Bellis
ArticleGerman Federal Court Of Justice Confirms Constitutionality Of German Provision On Limitation Of Cartel Fines At Maximum 10% Of Group TurnoverIn a decision of 26 February 2013, the German Federal Court of Justice has confirmed the constitutionality of Section 81(4), 2nd sentence, of the German Act Against Restraints of Competition.GermanyAntitrust/Competition LawVan Bael & Bellis
ArticleSubstantial Reform Of German Competition Law Has Entered Into ForceOn 30 June 2013, the Eighth Amendment to the German Act Against Restraints of Competition has entered into force. GermanyAntitrust/Competition LawVan Bael & Bellis
ArticleDutch Court Accepts ABB’s Passing-On Defence In Antitrust Damages CaseIn 2008, the European Commission found that several undertakings, including ABB, had participated in a cartel in the gas-insulated switchgear market. NetherlandsAntitrust/Competition LawVan Bael & Bellis
ArticleDutch Supreme Court Accepts Passing-On Defense In Private Enforcement LitigationThe ruling resulted from a civil claim for damages brought by the electricity company TenneT against the gas-insulated switchgear ("GIS") manufacturer ABB.NetherlandsAntitrust/Competition LawVan Bael & Bellis
ArticleChanges In Polish Competition LawOn 18 January 2015, a major reform of Polish competition law entered into force. PolandAntitrust/Competition LawVan Bael & Bellis
ArticleSpanish Competition Authority Publishes Long-Awaited Guidelines On Calculation Of FinesOn 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 LawVan Bael & Bellis
ArticleSpanish High Court Annuls € 20 Million Fine Imposed On REPSOLOn 22 December 2017, the Spanish High Court (Audiencia Nacional) delivered a judgment annulling a 2015 decision adopted by the Spanish Competition Authori ...SpainAntitrust/Competition LawVan Bael & Bellis