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European Court of Justice

Mind the Gap: ECJ Judgment Determines European Commission Cannot Review Deals Below Member State Merger Control Thresholds
 |  Sep 30, 2024

By: Nicole Kar, Rich Pepper, William Feerick, Andrea Wei Ling Chong & Timothy Noelanders (Paul Weiss) The European Court of Justice (ECJ) has ruled against the European Commission’s ability to...

Key Takeaways from the Servier Saga: Object, (Pro and Anticompetitive) Effects and Counterfactual (I)
 |  Jul 19, 2024

By: Pablo Ibañez Colomo (Chilling Competition) The Court of Justice delivered its judgments in the Servier saga, specifically in Cases C-176/19 P and C-151/19 P. These rulings are set to...

Highest EU Court Reinforces Merger Control in Telco Sector and Beyond
 |  Jul 27, 2023

By Antonio Bavasso, Josh Buckland & Michael Tagliavini1   I. Introduction and Overview On July 13, 2023, the highest EU court – the European Court of Justice (“ECJ”) – handed...

The ECJ’s Paccar Ruling: A Welcome Clarification of the Concept of “Discoverable Evidence” in Private Competition Law Proceedings
 |  Dec 14, 2022

By Marc Barennes, Bas Braeken, Demi van den Berg,1 and Simon Lelouche,2   On 10 November 2022, the Court of Justice of the European Union (“ECJ”) issued its ruling in case C-163/21 Paccar e.a. In this critical judgment for the victims of competition law infringements, the Court rules, in essence, that requests for the disclosure […]

ECJ Throws Out Food Packaging Cartel Appeal
 |  Apr 18, 2021

The European Court of Justice dismissed the appeal by Italmobiliare against the General Court’s judgment upholding the fine imposed by the European Commission for Italmobiliare’s participation in the retail food packaging cartel. In 20016, The European Commission found eight manufacturers and two distributors of retail food packaging trays guilty of participating in cartels and set […]

2021 ECJ Antitrust Horizons – Selected Key Evolutions and Developments
 |  Mar 19, 2021

In 2021, EU antitrust horizons will be wide and enthralling: EU competition law and the jurisprudence of the Court of Justice of the European Union in this matter have seen many interesting developments in the course of the last years, and there are many exciting developments yet to come. This paper singles out particularly relevant […]

Change To The Judicial Activities Of The Court Of Justice As A Result Of The Coronavirus Covid-19 Pandemic
 |  Mar 23, 2020

Owing to the unprecedented health crisis that we are currently experiencing, the Court of Justice is obliged temporarily to change its working arrangements. Judicial activity continues, but priority is of course given to those cases that are particularly urgent (urgent proceedings, expedited proceedings and interim proceedings). Procedural time limits for instituting proceedings and lodging appeals […]

ECJ Appoints New Advocate General
 |  Mar 23, 2020

The European Court of Justice (ECJ) has appointed a new advocate general after a French magistrate died suddenly last year. Jean Richard de la Tour will replace Yvet Bot, who had worked as one of the court’s 11 advocates general since 2006. Advocates general write opinions to help judges decide on their rulings. De la […]

Germany: Telecom regulator head going after Google, Facebook
 |  Jul 5, 2018

Jochen Homann, the president of Germany’s telecom regulator Bundesnetzagentur, is going after Google and Facebook, contending that their messaging and email services should face the same regulation as telecom companies in the country. In an interview with the Financial Times, Homann said that with the lines between telecom providers and web-based services getting blurred there […]

EU: ECJ favors luxury brands in Coty judgement
 |  Dec 7, 2017

The European Court of Justice, the court of last resort in the EU, has ruled that luxury good makers may ban the sale of their products on eCommerce platforms like Amazon to maintain the exclusivity of their brands. The ruling comes after German luxury cosmetics group Coty — the parent behind brands like Calvin Klein […]

EU: Court of Justice rules on exemptions from competition law for producer organizations
 |  Nov 15, 2017

The European Court of Justice (ECJ) has ruled that concerted practices by agricultural producer organisations can be exempted from competition law, but considered the price-fixing practices carried out by French endive producers as a bridge too far. France’s Court of Cassation invited the EU’s highest court to weigh in on a challenge by producers of […]

Schneider Electric Damages Judgment: A New Era in EC Merger Control?
 |  Aug 6, 2007

This article is part of a Chronicle. See more from this Chronicle Juan Rodriguez, Aug 06, 2007 The judgment of the Court of First Instance (CFI) of July 11, 2007 awarding damages to Schneider Electric is unlikely to lead to a flood of merger-related damages litigation against the European Commission. But, unless it is overturned […]

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