Dr. Boris Uphoff
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Dr. Boris Uphoff focuses his practice on intellectual property, commercial litigation and alternative dispute resolution. He has litigation experience in all major German courts and assists clients in cross-border disputes. Read Boris Uphoff's full bio.
Application of Jurisdiction Clauses to Competition Damages Actions Depends on Cause of Action
By Dr. Boris Uphoff, Jacques Buhart and Jacob Grierson on Nov 13, 2018
Posted In Cartel Enforcement, EU Developments
The European Court of Justice (ECJ) recently ruled that a jurisdiction clause does not need to refer expressly to disputes arising from a breach of competition law where damages are claimed based on Art. 102 TFEU (i.e., for abuse of a dominant position). This contrasts with the ECJ’s position in follow-on cartel damages claims (under...
McDermott EU Competition Annual Review 2015
By Dr. Boris Uphoff, Jacques Buhart, Louise Aberg, Matthieu Adam, Martino Sforza and McDermott Will & Emery on Jan 22, 2016
Posted In EU Developments
McDermott has published an EU Competition Annual Review for 2015. This 87 page booklet will help General Counsel and their teams focus on the most essential EU competition updates for 2015. Beyond being used to understand recent developments, this booklet is a great reference when dealing with complex issues of EU competition law. Read the...
The EU Directive on Antitrust Damages Actions
By Martino Sforza, Dr. Boris Uphoff and McDermott Will & Emery on Jan 19, 2015
Posted In Consumer Protection/Privacy, EU Developments, Private Litigation
The EU Directive on Antitrust Damages Actions requires the 28 EU Member States to adapt their laws and procedures to comply with the Directive by 27 December 2016 at the latest. It establishes a basic right to claim damages for loss caused by antitrust infringements, and establishes a minimum framework of rules concerning proof of...
Limitation Periods for Antitrust Damages Actions in The European Union
By Dr. Boris Uphoff, Martino Sforza and Steffen Woitz on Jul 2, 2014
Posted In Cartel Enforcement, EC Developments
The last decade or so has seen a marked increase in antitrust damages actions brought before the national courts of the EU Member States. As things currently stand, such actions are governed by the various national laws of the 28 Member States. This patchwork of differing national rules further complicates the already complex underpinning of...