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  • Article

    Düsseldorf Regional Labour Court Rejects Thyssenkrupp's Attempt To Recoup Cartel Fine From Former Manager

    In 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 Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Court Dismisses Repair Shop Action Over Right To Be Admitted To A Passenger Car Manufacturer’s Authorised Repair Network

    On 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 Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Court Upholds Refusal To Access Leniency Documents In The Pfleiderer Case

    On 18 January 2012, the Local Court of Bonn (the Bonn Court) upheld the decision of the German Federal Cartel Office (FCO) refusing Pfleiderer AG, a manufacturer of wood products and laminate flooring (and also a customer of all three participants of a former decor paper cartel) unlimited access to the FCO’s corresponding cartel file.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Federal Cartel Office Fines SodaStream For Abusive Conduct

    In 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 Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Federal Court Of Justice Clarifies That Examination Of A Company’s Pricing Elements Can Be Sole Legal Test In Determining Excessive Pricing

    By 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 Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Federal Court Of Justice Confirms Constitutionality Of German Provision On Limitation Of Cartel Fines At Maximum 10% Of Group Turnover

    In 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 Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Substantial Reform Of German Competition Law Has Entered Into Force

    On 30 June 2013, the Eighth Amendment to the German Act Against Restraints of Competition has entered into force.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Dutch Court Accepts ABB’s Passing-On Defence In Antitrust Damages Case

    In 2008, the European Commission found that several undertakings, including ABB, had participated in a cartel in the gas-insulated switchgear market.
    NetherlandsAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Dutch Supreme Court Accepts Passing-On Defense In Private Enforcement Litigation

    The ruling resulted from a civil claim for damages brought by the electricity company TenneT against the gas-insulated switchgear ("GIS") manufacturer ABB.
    NetherlandsAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Changes In Polish Competition Law

    On 18 January 2015, a major reform of Polish competition law entered into force.
    PolandAntitrust/Competition Law
    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
  • Article

    Commission Must State Reasons For Departing From Standard Fining Methodology

    In its judgment, the GC held that the Fining Guidelines lay down rules of conduct indicating the approach to be adopted by the Commission and that the Commission cannot depart from them...
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Annuls General Court Judgment Regarding Spanish Tax Scheme – Selectivity

    The ECJ did not agree with this reasoning. By its judgment of 21 December 2016, the ECJ set aside the GC's judgments.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    French Competition Authority Fines Brenntag € 30 Million For Obstruction

    On 21 December 2017, the French Competition Authority ("FCA") applied for the first time Article L.464-2 V of the French Code of Commerce allowing for the imposition of fines in cases of procedural obstruction.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Regional Court Of Hanover Grants Cartel Damages Against MAN

    The Court rejected part of the claim for purchases which fell outside the period of MAN's involvement in the infringement.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Parliament Approves New Rules To Protect Whistle-Blowers

    On 16 April 2019, the European Parliament approved new rules on the protection of whistle-blowers (the "Directive").
    European UnionEmployment and HR
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Clarifies Distinctive Character And Refusal Grounds Of Shape Trade Marks

    On 16 September 2015, the Court of Justice of the European Union (the "ECJ") ruled on a request for a preliminary ruling from the High Court of Justice of England & Wales, Chancery Division, Intellectual Property.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Higher Regional Court Of Celle Finds That Limited Resale Price Maintenance Does Not Amount To An Appreciable Restriction Of Competition

    In 2014, under the terms of a promotional offer, the defendant, a manufacturer of the diet product A-Vitalkost, offered pharmacies a 30% discount on a one-off direct order of 12 to 90 cans of the product.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    English Court Of Appeal Delivers Judgment In FRAND Royalty Case

    On 23 October 2018, the English Court of Appeal issued a judgment in a licence dispute involving Standard Essential Patents pitting Unwired Planet, a US-based patent assertion entity, against Huawei, a Chinese telecommunications company.
    United KingdomIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis

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