Philip Bentley
Subscribe to Philip Bentley's PostsPhilip Bentley focuses his practice principally on EU antitrust and EU anti-dumping, and also extends to related matters such as state aid, subsidies, customs, marketing authorizations (notably for genetically modified organisms (GMOs)) and judicial review litigation before the EU General Court and Court of Justice. Read Philip Bentley, QC's full bio.
COVID-19 and EU Competition Proceedings: Extraordinary Times Call for Extraordinary Measures
By Philip Bentley, Jacques Buhart, David Henry, Andrea Hamilton and Wilko van Weert on Mar 23, 2020
Posted In EC Developments, EU Developments, Mergers & Acquisitions
In the midst of the ongoing global effort to mitigate the effects of COVID-19, the Directorate-General for Competition (DG Competition) of the European Commission (EC) and the EU courts are taking measures to prevent the spread of the virus among individuals whilst at the same time seeking to ensure that the EU economy remains as...
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McDermott EU Competition Annual Review 2016
By Jacques Buhart, David Henry and Philip Bentley on Feb 2, 2017
Posted In Cartel Enforcement, EC Developments, EU Developments, French Developments, German Developments, Italian Developments, Mergers & Acquisitions
It is difficult for General Counsel and their teams to monitor all new developments adequately. With the growth of the Internet and the daily updates to EU competition rules, everyone receives and has access to masses of information, but it is difficult to select that which is really relevant to one’s business. McDermott’s EU Competition...
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European Commission Challenges Public Price Announcements by Shipping Liner Companies
By Mélanie Bruneau and Philip Bentley on Oct 20, 2016
Posted In EC Developments, Joint Ventures/Competitor Collaboration
On 7 July 2016, the European Commission adopted a decision accepting commitments by 14 shipping liner companies to change their practices concerning announcements of intended price increases for containerised shipping services. The Commission considered that these announcements were anti-competitive and resulted in higher prices for container liner shipping services, thereby harming customers.
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Recent Judgments Illustrate How the European Commission Can Correct Its Errors Post-Annulment
By Philip Bentley on Feb 22, 2016
Posted In Cartel Enforcement, EC Developments, Mergers & Acquisitions
As a general proposition, when the validity of a European Commission antitrust decision is challenged before the General Court of the European Union (GCEU), the procedure is one of judicial review, not a retrial on the merits (although the GCEU does have special jurisdiction to increase or reduce the amount of any fine). Thus there...
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McDermott EU Competition Annual Review 2015
By Philip Bentley, Martino Sforza, Matthieu Adam, Louise Aberg, Jacques Buhart, David Henry, Dr. Boris Uphoff, Andrea Hamilton and Wilko van Weert 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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A New Concept in Cartel Fining: “Direct EEA Sales Through Transformed Products”
By David Henry and Philip Bentley on Jul 11, 2015
Posted In Cartel Enforcement, EU Developments
On 9 July 2015, the Court of Justice of the European Union (CJEU) issued its judgment in InnoLux Corp. v Commission C-231/14P, confirming the existence of a new concept in cartel fining: “direct European Economic Area [EEA] sales through transformed products”. This new concept can be used by the European Commission to calculate fines of...
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New EU Competition Commissioner’s Priorities For 2014-2019: Hearing Before The European Parliament
By Philip Bentley, Jacques Buhart, Andrea Hamilton and Wilko van Weert on Oct 3, 2014
Posted In EC Developments, EU Developments
Margrethe Vestager, former Deputy Prime Minister of Denmark, is designated to become the next European Union Competition Commissioner in November 2014. In a three hour hearing before the European Parliament (EP) last night (2 October), Ms Vestager answered the EP’s questions and revealed a number of issues that she would like to focus on during...
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New EU Competition Commissioner Magrethe Vestager to Take Office in November, Pending Approval
By Philip Bentley, Jacques Buhart, Andrea Hamilton, McDermott Will & Emery and Wilko van Weert on Sep 11, 2014
Posted In EC Developments
In an announcement made on 10 September 2014, the President-elect of the next European Commission, Jean-Claude Juncker from Luxemburg, unveiled his team and announced that Magrethe Vestager from Denmark will replace Joaquin Almunia as the EU Commissioner for Competition. Ms Vestager is to take office in November, subject to confirmation by the European Parliament. The...
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CJEU Rules Maximum Cartel Fine Applies Only to Infringing Subsidiary Turnover and Reduces Fine by €17 Million
By Philip Bentley and Wilko van Weert on Sep 10, 2014
Posted In EC Developments
On 4 September 2014, the Court of Justice of the European Union (CJEU) confirmed that the maximum fine of 10 per cent of turnover imposed on the infringing subsidiary of a non-infringing parent company should be calculated on the basis of the turnover of that subsidiary, and not the parent company, if and to the...
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