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  • Article

    Commission Revises Guidance On Conduct Of Dawn Raids

    On 18 March 2013, the Commission published revised guidance on the conduct of on-the-spot inspections at the business premises of companies suspected of having engaged in anti-competitive behaviour.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Dismisses Appeal In Banana Importers Cartel Case

    The ECJ noted that the pre-pricing communications were among competitors who discussed their own quotation prices and certain market price trends.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Holds Competitor Has Standing To Challenge National Spectrum Allocation Decision Implementing Merger Commitments

    In this case, T-Mobile was a direct competitor of Hutchison and Orange.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Advocate General Hands Down Opinion On The Relationship Between Commission And NCA Leniency Applications For The Same Cartel

    The Italian NCA granted Deutsche Bahn AG full immunity from fines, whereas DHL was only granted a 50% reduction.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Holds That Companies Involved In Price-Fixing Can Be Held Liable For Damage Incurred Outside A Cartel

    The ECJ handed its judgment in Kone AG and Others V ÖBB-Infrastruktur AG, finding that participants in a cartel may be held liable for damage caused outside the cartel.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Reduces Total's Fine In Paraffin Wax Cartel Case

    In 2008, the European Commission found that Total SA and Total Marketing Services had participated, along with other undertakings, in a cartel on the EEA paraffin wax market...
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Rules On Requirements To Establish Price Discrimination By Dominant Undertaking, Endorsing Necessity Of Assessing All The Relevant Circumstances

    On 19 April 2018, the Court of Justice of the European Union delivered a judgment holding that investigations of price discrimination under EU competition law should involve an examination...
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Rules On The Ability Of NCAs To Take Action Against Anti-Competitive Agreements Below De Minimis Thresholds

    On 13 December 2012, the Court of Justice of the European Union handed down a preliminary ruling on a reference from the French Supreme Court on whether national competition authorities can take enforcement actions against companies found to be in breach of Article 101 TFEU.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Upholds Parental Liability In Acrylic Glass And Sodium Chlorate Cartel Cases

    In two recent orders, the European Court of Justice ("ECJ") has reaffirmed the principles governing the liability of parent companies for the conduct of their wholly-owned subsidiaries, as established in Akzo Nobel.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU Commission Amends Regulation And Notices On Procedure To Conform With Directive On Antitrust Damages Actions

    On 3 August 2015, the European Commission adopted amendments to Regulation 773/2004 on the conduct of proceedings pursuant to Articles 101 and 102 TFEU.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU Commission Conditionally Approves Three-Part GSK/Novartis Deal

    On 28 January 2015, in two separate decisions, the European Commission conditionally approved a complex transaction between pharmaceuticals producers GlaxoSmithKline (GSK) and Novartis.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Accepts Commitments On Geo-Blocking Practices Relating To Audio-Visual Content

    On 26 July 2016, the Commission made legally binding the commitments offered by Paramount Pictures as it considered that they adequately addressed its concerns regarding specific contractual clauses restricting passive sales.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Issues New Detailed Guidance On Confidentiality Claims

    On 16 March 2012, the European Commission published new informal guidance on how confidentiality claims should be made by undertakings in respect of documents and submissions provided to DG Competition in the context of investigations into alleged breaches of Article 101 and Article 102 TFEU.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Supreme Court Finds Prohibitions Against The Use Of Price Comparison Sites Fall Under Article 101 TFEU And Are Hardcore Restraints

    Asics had not appealed the finding of the Higher Regional Court that the prohibition against using price comparison sites fell under Article 101(1) TFEU.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Increasing Importance Of Data Protection In Competition Matters

    The European Data Protection Supervisor recently called for closer interaction in the fields of competition enforcement, consumer protection and privacy.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    New European Commission Guidelines Facilitate Access To Antitrust Files

    In addition, the guidance outlines the manner in which non-confidential versions of documents must be submitted.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Significant Changes To Austrian Competition Law

    The amendments to the Austrian Cartel Act introduce an additional notification threshold, which is based on value of a transaction.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Standard-Form Contracts For Legal Services Between Lawyers And Consumers Must Comply With Directive On Unfair Terms In Consumer Contracts

    The ECJ was asked to rule on preliminary questions submitted by the Lithuanian Supreme Court in the context of a dispute between Ms `iba and her former lawyer, Mr Devėnas.
    European UnionConsumer Protection
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Allows Cross-Border Conversions Of Companies

    On 12 July 2012, the Court of Justice of the European Union (the "ECJ") handed down a judgment regarding the interpretation of Articles 49 and 54 of the Treaty on the Functioning of the European Union ("TFEU") in proceedings concerning a cross-border conversion of a company governed by Italian law into a company governed by Hungarian law (ECJ, case C-378/10, VALE Építési kft).
    European UnionCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Proposal To Extend Scope Of Directive Governing Online And Other Distance Sales Of Goods

    The Proposal contains rules on the: (i) conformity of the goods; (ii) remedies in the event of lack of conformity; and (iii) practical terms of the exercise of such remedies.
    European UnionCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis

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