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European Commission Uses EU State Aid Rules Against Aggressive Tax Planning by Multinational Companies


By on Jun 11, 2014
Posted In EC Developments

by Martina Maier and Philipp Werner (with contribution from Katharina Dietz) The European Commission (Commission) took the first concrete action towards using EU State aid rules against aggressive tax planning by multinational companies by opening formal investigations against Ireland (Apple), Luxembourg (Fiat Finance and Trade) and the Netherlands (Starbucks). The Commission has concerns that these...

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EU’s Top Court Rules Cartel Victims Can Claim Damages From Cartelists Despite No Contractual Link


By on Jun 10, 2014
Posted In Cartel Enforcement, EC Developments

by Martina Maier, Philipp Werner and David Henry In a landmark ruling, the EU’s top court, the European Court of Justice (ECJ) in Kone and Others C-557/12 of 5 June 2014, has held that, where a cartel causes competing companies to increase their prices, the members of the cartel may be held liable for losses...

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New EU Consumer Contracts Legislation Comes Into Force on 13 June 2014: E-Commerce Businesses Should Review Terms and Conditions of Sale Now


By on Jun 9, 2014
Posted In Consumer Protection/Privacy, EC Developments

by Rohan Massey, Lionel Lesur, Veronica Pinotti, Vincent Schröder All e-commerce businesses active in the European Economic Area (EEA) should review their current processes, policies, terms and documentation and implement any changes before 13 June 2014 to ensure they are compliant with the new national laws of the EU Member States implementing EU Directive No 2011/83/EU...

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Commission Holds Goldman Sachs Liable for Former Portfolio Company’s Antitrust Infringement


By on Apr 7, 2014
Posted In Cartel Enforcement, EC Developments

by Veronica Pinotti, Lionel Lesur, Martino Sforza, Nicolò di Castelnuovo In its decision of 2 April 2014 in relation to the underground and submarine high voltage power cables cartel case (COMP/39610), the European Commission (Commission) held the parent companies of the producers involved liable, on the basis that they had exercised decisive influence over the producers....

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Significant Changes to UK Competition Regime Now Effective


By on Apr 2, 2014
Posted In Cartel Enforcement, EC Developments, EU Developments

by Andrea Hamilton, David Henry, Aiste Slezeviciute The Enterprise and Regulatory Reform Act 2013 took effect on 1 April 2014. Increased efficiencies and deterrence are the main drivers of this reform. As of 1 April 2014, the Enterprise and Regulatory Reform Act 2013 (ERRA) brings about significant substantive and structural change to the United Kingdom’s...

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Updated Oral Statement Guidance for Leniency Applicants


By on Oct 10, 2013
Posted In Cartel Enforcement, EU Developments

by Philipp Werner and Robert Bäuerle On 8 October 2013, the European Commission issued updated guidance for companies making oral statements in leniency applications. The Commission requests that the oral statement is clear, factual and to the point and is only accepted during working hours. Read the full article here.

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NCAA Argues For Dismissal of Athletes’ Latest Antitrust Complaint


By on Sep 24, 2013
Posted In IP Antitrust

by Megan Morley Last week, the NCAA asked the Northern District of California to throw out a suit initiated in 2009 on behalf of former and current NCAA athletes.  NCAA Student-Athlete Names & Likeness Licensing Litigation, case number 4:09-cv-01967.  The athletes claim that the NCAA, its member schools, video game creator Electronic Arts (“EA”), and...

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Hotels and Online Travel Companies Move to Throw Out Class Action Suit


By on Sep 24, 2013
Posted In Private Litigation

by Megan Morley Last week, a group of hotels and online travel companies moved to dismiss an amended class action complaint alleging that they engaged in a price-fixing conspiracy to control hotel room prices.  Online Travel Company Hotel Booking Antitrust Litigation, case number 3:12-cv-03515.  The companies, which include Travelocity and Hilton Worldwide, argued that the...

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Commitment Issues: Federal Jury Awards Damages for Breach of FRAND Obligation


By on Sep 11, 2013
Posted In IP Antitrust

by Stefan M. Meisner and Daniel Powers In the long-running patent dispute between Microsoft and Motorola, a U.S. District Court jury in Seattle found that Motorola breached its commitment to license certain standard-essential patents on fair, reasonable and non-discriminatory (FRAND or RAND) terms.  The jury awarded Microsoft damages of approximately $14.5 million. The litigation has...

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State Aid Procedural Regulation Grants More Powers to the European Commission


By on Aug 1, 2013
Posted In EC Developments

by Martina Maier and Robert Bäuerle, with contribution from Katharina Dietz, a paralegal at McDermott Will & Emery’s Brussels office New rules of procedure in EU State aid investigations will enter into force very soon.  The European Commission will, for the first time, have the opportunity to request information from entities other than the EU Member State concerned,...

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