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A Dutch Court Hands Down the First Substantive Damages Judgment in the Netherlands for an Infringement of Competition Law


By on Feb 27, 2013
Posted In Cartel Enforcement, EC Developments, German Developments

by David Henry and Wilko van Weert In a recent judgment, a District Court in the Netherlands (the DCA) handed down a judgment in what is the first substantive damages judgment in the Netherlands for a breach of competition law.  In issuing the declaration of liability, the DCA held that ABB must pay damages to...

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Maritime Transport Subject to EU General Competition Law Guidelines From September 26, 2013


By on Feb 25, 2013
Posted In EC Developments

by Philip Bentley, Wilko van Weert and Philipp Werner Up until September 18, 2006, maritime transport services were exempt from the EU competition rules in respect of liner conferences.  In addition, cabotage and international tramp vessel services were exempt from the enforcement powers in competition matters.  These exemptions were abolished on September 18, 2006, subject...

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Joint and Several Liability For Antitrust Fines: Parent Company Can Benefit From a Reduction in Its Subsidiary’s Fine


By on Feb 11, 2013
Posted In Cartel Enforcement, EC Developments

by Philip Bentley and Philipp Werner A judgment of the EU General Court in March 2011, upheld on appeal by the Court of Justice of the European Union (CJEU) on January 22, 2013, is potentially good news for parent companies.  Where both a parent company and its subsidiary bring separate court challenges against a cartel fine...

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Distribution in China – Legal Issues, Part I. Business Models and Structures


By on Feb 7, 2013
Posted In Chinese Developments, Distribution/Franchising

For more information, please contact Frank Schoneveld, Kevin Qian, John Huang or Winston Zhao. “Distribution in China – Legal Issues” is a four-part series.  Part I discusses the business models and legal structures most commonly used for distribution in China.  Part II will look at important issues to consider in the design of a distribution...

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China’s Ministry of Commerce Announces Investigations into Failures to Notify a Concentration, Introduces New Transparency Measures


By on Jan 9, 2013
Posted In Chinese Developments, Mergers & Acquisitions

by Henry L.T. Chen, Frank Schoneveld, Jared Nelson and Sean Pan China’s Ministry of Commerce recently announced that it opened four investigations during 2012 into suspected non-compliance with China’s merger control notification procedures.  The outcomes of the investigations are still uncertain, but the actions clearly show increased efforts to ensure compliance through enforcement of the...

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Joint DOJ-FTC Workshop Explores Competitive Impact of Patent Assertion Entities


By on Dec 18, 2012
Posted In DOJ Developments, FTC Developments, IP Antitrust

by Stefan M. Meisner and Daniel Powers Federal antitrust enforcement agencies are closely studying the growing activity of patent assertion entities (PAE).  At a recent joint workshop sponsored by the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ), participants from academia, industry and the legal world discussed the competitive impact of these organizations...

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Proposed Remedies in the Midst of the Patent Wars: EU and US Antitrust Watchdogs Push to Strengthen FRAND in Standard Setting


By on Nov 20, 2012
Posted In DOJ Developments, FTC Developments, IP Antitrust

by David Henry, Wilko van Weert and Philipp Werner Chief Economists from the US Federal Trade Commission, the US Department of Justice and the EU Directorate General for Competition, have agreed on a set of four, non-binding suggestions that should—if followed by standard-setting organizations – increase the level of protection afforded to consumers and promote...

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EU Commission Can Bring Follow-On Actions for Damages on Behalf of the European Union in Cartel Cases


By on Nov 13, 2012
Posted In Cartel Enforcement, EC Developments

by Louise Aberg,  Lionel Lesur and  Philipp Werner On November 6, 2012, the Court of Justice of the European Union (CJEU) ruled that the European Commission was entitled to represent the European Union in an action for damages before national courts.  The CJEU ruled that the Charter of Fundamental Rights of the European Union did not prevent the...

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Price-Fixing Cartels: China Crackdown Continues


By on Oct 31, 2012
Posted In Cartel Enforcement, Chinese Developments, Monopolization/Abuse of Dominance

by Henry L.T. Chen, Frank Schoneveld, Jared Nelson and Sean Pan Several major actions taken against price-fixing cartels by China’s enforcement authorities in the last year have sent a clear message that this is not a temporary campaign.  It is a new reality. To read the full article, click here.

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European Commission Considers Sector Inquiries as a New Procedural Tool in State Aid Law


By on Oct 26, 2012
Posted In EC Developments

by Martina Maier, Philipp Werner and Robert Bäuerle The European Commission eyes sector inquiries as a new tool in European State aid law. In European antitrust law sector inquiries are already successfully employed to detect cartelist activities. This could allow the European Commission to proactively investigate whole sectors for illegal subsidies and to subsequently open...

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