Category Archives: EU Competition and Regulatory

Subscribe to EU Competition and Regulatory RSS Feed

Big in Europe? What Multinationals Need to Know about Competing on the Continent

With its recent imposition of a record 4.3 billion EUR fine against Google for abuse of dominant position, the European Commission may have cemented its reputation for taking an aggressive enforcement stance against US tech giants, particularly when contrasted with the US antitrust enforcers’ more hands-off approach in this sector.… Continue Reading

New Lower UK Thresholds for Scrutiny of Mergers Affecting National Security

Following the publication and consultation on a green paper earlier this year the UK Government has now published new takeover rules, adding new thresholds to the relevant provisions of the UK Enterprise Act giving the Secretary of State (SoS) additional powers to scrutinize mergers taking place after July 11, 2018. These powers are based on … Continue Reading

10 EU Competition & Regulatory Trends to Watch for in 2018

Introduction Our “trends for 2018” are only a selection of interesting developments to watch for in 2018. Within the political and legislative cycle of the European Union, 2018 promises to be an eventful year, given that it is the last full year before the 2019 EU elections when a new European Commission will be appointed … Continue Reading

Selective Distribution Systems and Bans on Sales of Luxury Products via Online Market Platforms: Initial Thoughts on the CJEU’s Coty Judgment

The Court of Justice of the European Union (CJEU) confirmed in a short judgment of 6 December 2017 that a prohibition imposed on authorized distributors from using third party platforms for the sale of their luxury products is in line with European competition law provided certain conditions are met. This judgment also ends an ongoing … Continue Reading

Takeaways from the Intel Judgment on the Legality of Exclusivity Rebates in the EU

According to the longstanding case law of the Court of Justice of the European Union (the “Court”), rebates which are conditional upon a purchaser buying all or most of its requirements from a dominant supplier (so called “exclusivity” or “loyalty” rebates) have been presumed to be abusive on the basis that they are by their … Continue Reading

EU Telecoms Regulation Based on Unilateral Market Power Would be Contrary to EU Law

The existing EU regulatory framework for electronic communications obliges the EU Member States to provide in their national laws for certain powers and responsibilities of national regulatory authorities (“NRA”), in particular related to the analysis of markets likely to be regulated ex-ante. The fundamental principle since 2003 is that only companies with significant market power … Continue Reading

Eyes Across the Atlantic: Coordination and Management of Global Private Antitrust Litigation*

In years past, the focus of private international antitrust disputes was the United States. Over a century of experience, treble damages, class actions and the American rule for attorneys’ fees – plus robust enforcement by the Antitrust Division – have combined to make the United States the natural hub for private cases. That is still … Continue Reading

European Commission Blocks Merger of London Stock Exchange and Deutsche Börse

On 29 March 2017, the same day that United Kingdom has officially launched the Brexit process, the European Commission (Commission) blocked the proposed 29 billion Euro merger between Deutsche Börse AG (DBAG) and London Stock Exchange Group (LSEG) under the EU Merger Regulation; however, the Commission decision (M.7995) has not been published yet. DBAG and … Continue Reading

EC Launches Targeted Competition Enforcement in E-Commerce Sector

If we needed any reminder that the competitiveness of e-commerce was high on the European Commission’s enforcement agenda, we now have unequivocal proof of this. The Commission today launched three separate investigations under the competition rules against companies operating in the (i) consumer electronics, (ii) video games and (iii) hotel sectors. It is looking into … Continue Reading

Company Directors Beware – the CMA’s Disqualification Order

Today, the UK Competition and Markets Authority (CMA) published a 60-second summary for company directors to avoid disqualification for breaches of competition law. Please see the full text of the guidance here. This is part of a series of CMA short and simple guides on competition law and is relevant to all directors whose companies … Continue Reading

Bre(xit)aking News

The Supreme Court of the United Kingdom by a majority of 8 to 3 has today confirmed that triggering the exit procedure from the European Union requires an Act of Parliament. As such the Supreme Court disagreed with the current UK Government which had argued that Government ministers could rely on their prerogative powers to … Continue Reading

Top 12 EU Legal Developments to Watch in 2017

Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017. These challenges may have an impact on your corporate and commercial strategies. Our predictions include:… Continue Reading

Brexit News: UK Judges Throw a Block in the Road of Article 50

Invoking Article 50 of the Treaty of the European Union requires participation of the UK Parliament say Lord Chief Justices Lord Sales and Lord Thomas of the Royal Courts of Justice in London who handed down their judgment today. This is a significant step, but only a step along the way. The final outcome remains … Continue Reading

Inside The EU’s Overcharge Pass-On Study

On Oct. 25, 2016, the European Commission released a “Study on the Passing-on of Overcharges” after a year-long evaluation and input process. The study will help judges, regulators and practitioners critically evaluate pass-on claims in European competition cases through both legal and economic lenses. The detailed 315-page report highlights the increasingly important role of pass-on … Continue Reading

“E-Commerce must live up to its promise…”

These are the words of Europe’s chief antitrust enforcer, Margrethe Vestager, introducing the Commission’s public hearing on October 6, 2016, on its preliminary findings of the e-commerce sector inquiry. The promise of e-commerce alluded to by the Commissioner for Competition means quite simply a wider choice of goods available for purchase online, at lower prices … Continue Reading

On the Way to a European Digital Single Market: Whether You Sell Online or Offline – Listen Up!

The European Commission’s Directorate-General for Competition has issued a lengthy preliminary report of its ongoing sector inquiry into the e-commerce of goods and digital content. The sector-wide inquiry was launched on May 6, 2015, in the context of a wider legislative initiative by the Commission implementing its Digital Single Market strategy. The ongoing inquiry and … Continue Reading
LexBlog

By scrolling this page, clicking a link or continuing to browse our website, you consent to our use of cookies as described in our Cookie and Advertising Policy. If you do not wish to accept cookies from our website, or would like to stop cookies being stored on your device in the future, you can find out more and adjust your preferences here.

Agree