Antitrust & Merger Control

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• Breakthrough for UK opt-out class actions as Court of Appeal gives green light to the £14bn claim against Mastercard

  Article

  Submitted: 17 April 2019

  The Court of Appeal has confirmed that the largest claim in the history of UK civil litigation, and the first claim under the UK's flagship "opt-out" regime, can proceed.

• Altice/PT Portugal - Gun-Jumping

  Article

  Submitted: 27 July 2018

  With this decision, the Commission has clearly reaffirmed its position on gun-jumping. It is not only about acquiring shares but also about contractual provisions which grant de facto decisive influence pending acquisition of the shares.

• Parental Liability: Goldman Sachs v Commission (T-419/14)

  Article

  Submitted: 17 July 2018

  ​The General Court of the European Union handed down its judgment on 12 July 2018 confirming a €37m fine against the Goldman Sachs Group Inc, in a growing trend towards a broad application of parental liability in EU competition law.

• Deutsche Bahn v MasterCard: Applicable law in a competition damages action

  Article

  Submitted: 12 April 2018

  Chris Owen and Duncan Green reflect on the High Court's preliminary judgment in Deutsche Bahn v MasterCard.

• Facilitation, facilitation, facilitation: the General Court’s ICAP judgment

  Article

  Submitted: 02 January 2018

  The General Court found flaws in the European Commission’s ICAP decision and quashed the €14.9m fine, but has sustained ICAP’s underlying liability for “facilitation” of the Yen LIBOR cartel.

• EU Commission fines Facebook €110m for providing misleading information in relation to WhatsApp acquisition

  Article

  Submitted: 06 June 2017

  It is the first time the EU Commission has fined a company for providing false or misleading information in the context of a merger filing since the entry into force of the 2004 EU Merger Regulation.

• EU Commission opens formal investigation into Aspen Pharma’s alleged abuse of dominant position involving excessive pricing

  Article

  Submitted: 26 May 2017

  This procedural step is significant as it is the first occasion the EU Commission has investigated excessive pricing practices in the pharmaceutical sector.

• ECJ’s Opinion on the Singapore Free Trade Agreement and the implications for brokering the Brexit deal

  Article

  Submitted: 19 May 2017

  The European Court of Justice's Opinion on questions of the process for concluding a bilateral free trade agreement between the EU and the Republic of Singapore is particularly important as it will determine which provisions will require approval and subsequent ratification from all remaining EU Member States in any UK-EU deal brokered in the context of Brexit.

• Microsoft Mobile’s "Li-ion" "cartel" damages claim tamed in favour of arbitration; permission to serve other defendants out of the jurisdiction set aside

  Article

  Submitted: 06 April 2017

  A recent High Court judgment demonstrates the possible implications of a widely drafted arbitration clause for competition law claims.

• BaFin postpones decision on ban sales of credit-linked notes

  Article

  Submitted: 16 December 2016

  ​In an immediate response to the proposed ban of the sale of credit-linked notes to retail clients set out in a consultation paper of the BaFin key German finance market associations have published “self-binding principles” for the issuance of such products to address. As a reaction to the self-restriction of the main market participants, BaFin has postponed the proposed prohibition by at least a half year.

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