Antitrust & Merger Control

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  • Non-executive directors and their role in competition law

    Article

    Submitted: 08 November 2018

    This year, the UK competition authority exercised their power to disqualify directors for breaches of competition law for the second time​. Non-executive directors must be aware of competition law risks and ensure that appropriate questions are being asked to challenge executive decisions where necessary.

  • BritNed: the English Court delivers judgment in follow-on cartel damages action

    Article

    Submitted: 01 November 2018

    The English Court has delivered judgment in the BritNed v ABB litigation, the first occassion on which it has awarded damages in a follow-on cartel damages claim.

  • Simmons & Simmons response to European Commission's Consultation on Pass-On Guidance

    Article

    Submitted: 01 November 2018

    This is the submission provided by Simmons & Simmons LLP to the European Commission on 04 October 2018 in response to its consultation regarding draft Guidance in relation to Pass-On in competition claims.

  • Luxembourg did not provide state aid to McDonald's

    Article

    Submitted: 22 October 2018

    Pierre-Régis Dukmedjian and Alejandro Dominguez’s article for Tax Journal considers the European Commission’s announcement that, in its view, Luxembourg did not grant any unlawful state aid to McDonald’s.

  • 03 December 2018: The New Regulation on Geo-Blocking enters into Force

    Article

    Submitted: 11 September 2018

    Among online sellers and online service providers it has become a widespread custom to treat customers differently depending on their country of origin. This practice is generally referred to as “geo-blocking” or sometimes in its softer form, when customers are only redirected to a localised service, “geo-filtering”.

  • Germany to tighten Review of Foreign Investments again

    Article

    Submitted: 09 August 2018

    The German Government announced plans to overhaul its rules on foreign investment and to lower the threshold for a review.

  • BEIS White Paper on National Security and Investment

    Article

    Submitted: 06 August 2018

    A high-level overview of the key proposals by the Department for Business Energy and Industry Strategy (BEIS) in its White Paper to change the UK public intervention regime for national security mergers.

  • 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.

  • The New UK Merger Thresholds in Action

    Article

    Submitted: 20 July 2018

    The acquisition by a chinese investor of a UK defence contractor attracted much attention as it represented the first use of the new merger thresholds which came in force in early June.

  • ECJ gives jurisdiction guidance in competition damages claims

    Article

    Submitted: 20 July 2018

    We consider the European Court of Justice (ECJ) recent decision in FlyLAL v Air Baltic and Riga Airport analysing jurisdiction issues in tortious competition litigation damage claims.

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