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Mai Muto focuses her practice on European competition law matters, including merger control, cartels and abuse of dominance. She advises multinational companies on antitrust compliance matters and conducts internal investigations relating to antitrust violations. Mai counsels clients on distribution, research and development, and licensing agreements, as well as on data protection issues. She also assists clients in multi-jurisdictional merger filings and represents third parties in merger control procedures before the European Commission. Read Mai Muto's full bio.

European Commission Consultation on Ex Ante Regulation of Online Platforms: Is Change Coming?


By , and on Jul 27, 2020
Posted In EC Developments, EU Developments, Monopolization/Abuse of Dominance, Power Markets

In parallel to a public consultation to seek feedback from the public regarding the New Competition Tool, the European Commission (Commission) is consulting on a proposal for an ex ante regulatory instrument that would ensure that “online platform ecosystems controlled by large online platforms that benefit from significant network effects remain fair and contestable, in...

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European Commission Initiates Consultation on Possible New Competition Investigation Tool


By , and on Jun 29, 2020
Posted In EC Developments, EU Developments, Monopolization/Abuse of Dominance, Power Markets

On 2 June 2020, the European Commission (the Commission) published its inception impact assessment (or roadmap) on the possible adoption of regulation that would introduce a new market investigation tool. This assessment was immediately followed by the launch of a public consultation to seek views and feedback from the public regarding such a tool. The...

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EU Commission Issues Another Fine for Restrictions on Cross-Border Licensed Merchandise Sales


By and on Feb 26, 2020
Posted In Brussels Developments, Distribution/Franchising, EU Developments, Power Markets

The European Commission has reiterated its position that if a business allows for the non-exclusive licensing of its products in the EEA, such licensor can no longer control where, to whom, and in what manner (online/off-line) the products can be sold within the EEA. On 30 January 2020, the Commission fined NBCUniversal Media, LLC, and...

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General Court Annuls European Commission Decision on Belgian Excess Profit Exemption System


By on Feb 26, 2019
Posted In EC Developments, EU Developments

On 14 February 2019, the General Court of the European Union (GCEU) annulled the decision of the European Commission (Commission) on the Belgian excess profit exemption system (SA.37667) in its entirety on the ground that the Commission erroneously categorized the system as an “aid scheme” (T‑131/16 and T‑263/16). IN DEPTH Background Since June 2013, the...

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EU Court of Justice Confirms Annulment of Commission Prohibition Decision Due to a Procedural Irregularity


By on Feb 20, 2019
Posted In EC Developments, EU Developments, Mergers & Acquisitions

On 16 January 2019, the Court of Justice of the European Union (CJEU) dismissed the appeal by the European Commission (Commission) against the 2017 judgment of the General Court of the European Union (GCEU). This annuls the Commission’s decision to block the proposed acquisition of TNT Express NV (TNT) by United Parcel Services (UPS) in...

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General Court Confirms that the Commission May Rely on Lawfully Seized Recordings Even if Made Unlawfully by a Third Party


By on Sep 28, 2016
Posted In Cartel Enforcement, Consumer Protection/Privacy, EC Developments

On 8 September 2016 the General Court (“GC”) dismissed Heiploeg’s appeal against the European Commission’s (“Commission”) decision in Shrimps (AT.39633) and confirmed that the Commission may rely on recordings seized lawfully in a “dawn raid” even if the recordings were made illegally by a third party (T-54/14). This judgment reminds us of the delicate balance...

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The European Commission Fines Truck Manufacturers a Record €2.93 billion for Cartel Conduct


By on Aug 15, 2016
Posted In Cartel Enforcement, EC Developments

On 19 July 2016, the European Commission (Commission) imposed fines totaling €2,926,499,000 on four truck producers (39824 – Trucks). The fine is the highest ever imposed on members of a cartel by the EU competition regulator. The case is also noteworthy because it is the first Commission prohibition decision following “Brexit” and could thus become...

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CJEU to Rule on Extradition of EU Citizens in Criminal Antitrust Proceedings


By , and on Apr 4, 2016
Posted In Cartel Enforcement, EC Developments, German Developments, Private Litigation

The first European citizen to be extradited from Europe to the United States for criminal antitrust conduct recently succeeded in having a Berlin court refer the matter of his extradition to the Court of Justice of the European Union (CJEU) in the context of his damages action with regard to his extradition, after a series...

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Dutch Competition Authority Fines Cold-Storage Companies for Exchange of Information in the Context of Merger Talks


By and on Mar 31, 2016
Posted In Cartel Enforcement, Mergers & Acquisitions

On 23 March 2016, the Netherlands Authority for Consumers and Markets (ACM) announced that it had fined four cold-storage firms for having put in place anticompetitive arrangements while in extended merger talks with one another.  (case number: 13.0698.31|15.0710.31|15.0327.31|15.0328.31). In addition, ACM fined five individuals for their personal involvement in these anticompetitive arrangements. The case at...

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Enhanced Sharing of Antitrust Evidence: New EU/Japan Cooperation Agreement


By and on Mar 17, 2016
Posted In Cartel Enforcement, Chinese Developments

On 15 March 2016, the Japan Fair Trade Commission (JFTC) and the European Commission (Commission) announced their intention to upgrade the current antitrust co-operation agreement between Japan and the European Union. The upgrade will have a number of practical and legal implications for companies involved in international antitrust investigations or considering making leniency applications. The...

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