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 , and 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...

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McDermott EU Competition Annual Review 2015

By , , , , and 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...

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The EU Directive on Antitrust Damages Actions

By , and 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...

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Limitation Periods for Antitrust Damages Actions in The European Union

By , and 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...

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