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Listed Companies: Dealing with Reporting Obligations in the Context of Antitrust Proceedings

Financial regulatory authorities such as the US Security and Exchange Commission (SEC) and the French Autorité des marchés financiers frequently impose on companies that are listed on a stock exchange the obligation to disclose key information to investors to help them make informed investment decisions.

The difficulties for companies lie principally in the nature of the information to be disclosed, the timing of the disclosure, and the balance of the obligation towards financial regulatory authorities on one hand, and competition authorities on the other.

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New German Cartel Fine Guidelines

by Martina Maier, Philipp Werner and Robert Bäuerle

The German Federal Cartel Office has just published new Guidelines on the Setting of Fines for antitrust law infringements.  With these guidelines, the German Federal Cartel Office departs from the method of setting fines used by the European Commission and other national competition authorities in Europe. As a result of the new guidelines, the potential liability for multi-product firms whose infringement concerned only a specific product in their portfolio and whose other products achieve significant turnover may increase.

Read the full article here.




EU General Court Rules European Commission Wrong to Reject Summarily Claimants’ Requests for Access to Investigation Files

by Andrea Hamilton, David Henry and Philipp Werner

EU Court rules that European Commission must undertake an individual and specific review of requested cartel documents before it can deny a damages claimant access thereto.

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