ArticleEU General Court Affirms Commission Position In Ink-Jet Cartridge CaseOn 24 November 2011, the General Court ("GC") handed down its judgment in EFIM v. Commission.European UnionAntitrust/Competition LawVan Bael & Bellis
ArticleEU General Court Dismisses Appeal In Calcium Carbide And Magnesium Reagents Cartel CaseOn 13 December 2013, the EU General Court ("GC") dismissed an appeal by Holding Slovenske elektrarne d.o.o. ("HSE") against a European Commission decision of 22 July 2009 imposing a fine of € 9.1 million on HSE for its participation in a cartel in the calcium carbide and magnesium reagents market.European UnionAntitrust/Competition LawVan Bael & Bellis
ArticleEuropean Court Of Justice Dismisses Appeals Against General Court Judgments In Lagardère/VUP Merger CaseOn 6 November 2012, the European Court of Justice dismissed two appeals by Editions Odile Jacob against judgments of the General Court in the Lagardère/VUP case. European UnionAntitrust/Competition LawVan Bael & Bellis
ArticleEuropean Court Of Justice Overturns Decisions In Soda Ash Case And Annuls Fine On Solvay Due To Infringements Of Rights Of DefenceOn 25 October 2011, the European Court of Justice ("ECJ") delivered its ruling in the Soda Ash case (C-110/10P), upholding the appeal brought by Solvay SA against the European Commission's decisions and the judgments of the General Court ("GC") regarding alleged anti-competitive practices and abuse of a dominant position in the soda ash market. European UnionAntitrust/Competition LawVan Bael & Bellis
ArticleRecord € 2.42 Billion Fine Imposed On Google For Abusing Its Dominant Position By Favouring Its Own Comparison Shopping ServicesOn 27 June 2017, the European Commission announced that it has issued a decision imposing a record € 2.42 billion fine on Google for abusing its dominant position as an internet search engine ...European UnionAntitrust/Competition LawVan Bael & Bellis
ArticleThe Netherlands - Dutch Court Dismisses ABB's Passing-On Defence In Private Enforcement Litigation. According to ABB, the magnitude of the overcharge was to be determined by comparing ABB's profit margins for GIS during its participation in the cartel and thereafter. European UnionAntitrust/Competition LawVan Bael & Bellis
ArticleECJ Finds Belgium Failed To Correctly Implement Provisions Of Unfair Commercial Practices DirectiveMoreover, the ECJ indicated that even settled case-law of a Member State cannot achieve the clarity and precision needed to satisfy the requirement of legal certainty.European UnionConsumer ProtectionVan Bael & Bellis
ArticleEU Commission Alleges Breaches Of Procedural Rules Under EU Merger RegulationThe second SO concerns the GE/LM Wind transaction. GE European UnionCorporate/Commercial LawVan Bael & Bellis
ArticleAdvocate General Wahl On Trade Mark's ReputationOn 24 March 2015, Advocate General Wahl (the "Advocate General") delivered his opinion in a case pitting Iron & Smith Kft against Unilever NV (Case C‑125/14).European UnionIntellectual PropertyVan Bael & Bellis
ArticleCourt Of Justice Of European Union Holds That Louboutin Red Soles Qualify For Trade Mark ProtectionInstead, a definition must be provided by considering the usual meaning of the word ‘shape' in everyday language. European UnionIntellectual PropertyVan Bael & Bellis
ArticleSkill And Labour Insufficient For Copyright Protection Of Football Fixture List: ECJ Requires CreativityIn its judgment delivered on 1 March 2011 (Case C-604/10), the Court of Justice of the European Union ("ECJ") declined copyright protection for football fixture lists whose compilation is dictated by rules or constraints that leave no room for creative freedom. European UnionIntellectual PropertyVan Bael & Bellis
ArticleCourt Of Justice Of European Union Sets Aside General Court Judgments Granting Damages For Excessively Long Judicial ProceedingsOn 13 December 2018, the Court of Justice of the European Union delivered three judgments on separate appeals brought against judgments of the General Court by Gascogne Sack Deutschland ("Gascogne"), Kendrion and Plasticos Españoles ...European UnionLitigation, Mediation & ArbitrationVan Bael & Bellis
ArticleGeneral Court Rules On Commission Dawn Raids And Legal Professional PrivilegeThey therefore requested that the investigations in relation to Alcogroup should be suspended. In its reply of 8 May 2015, the Commission rejected this request. European UnionLitigation, Mediation & ArbitrationVan Bael & Bellis
ArticleArticle 29 Working Party Publishes Guidelines On Right To Be ForgottenThe Guidelines recall that the ECJ's judgment has made it clear that search engine operators process personal data and therefore qualify as data controllers.European UnionPrivacyVan Bael & Bellis
ArticleAustrian Supreme Court Rules That Scope Of Initial Search Warrant Can Be Extended Based On File Note Made After First Dawn RaidsOn 26 November 2013, the Austrian Supreme Court upheld a decision of the national Cartel Court that had extended the scope of a search warrant given to the Austrian Federal Competition Authority.AustriaAntitrust/Competition LawVan Bael & Bellis
ArticleBelgian Competition Authority Discloses Its Enforcement Priorities For 2015On 21 April 2015, the Belgian Competition Authority ("BCA") published its enforcement priorities for the year 2015.BelgiumAntitrust/Competition LawVan Bael & Bellis
ArticleBelgian Competition Authority Launches Public Consultation On New Leniency GuidelinesOn 10 November 2015, the Belgian Competition Authority launched a public consultation on new draft leniency guidelines in order to revise the current 2007 leniency guidelines. BelgiumAntitrust/Competition LawVan Bael & Bellis
ArticleBelgian Competition Authority Opens Phase II Investigation Into Acquisition Of Four Utopolis Cinema Complexes By KinepolisOn 30 November 2015, the Belgian Competition Authority (Belgische Mededingingsautoriteit/Autorité Belge de la Concurrence – the "BCA") decided to open an in-depth investigation into the acquisition by Kinepolis of four cinema complexes currently owned by Utopia NV. Kinepolis had notified the proposed acquisition to the BCA on 12 October 2015.BelgiumAntitrust/Competition LawVan Bael & Bellis
ArticleBelgian Constitutional Court Confirms Legality Of Appeal Procedure Against Use Of Documents And Data Seized By Competition AuthorityThe Belgian Constitutional Court dismissed the actions challenging the legality of the appeal available to companies against the use of documents and data seized during dawn raids.BelgiumAntitrust/Competition LawVan Bael & Bellis
ArticleBrussels Court Of Appeal Rejects Damages Claim Of NMBS/SNCB Against Electrabel For Abuse Of DominanceIn the framework of the European emission trading system, companies are required to cover all their emissions of greenhouse gasses by emission allowances. BelgiumAntitrust/Competition LawVan Bael & Bellis