The practical application of e-tools when a company suspects it has been the victim, or perpetrator, of dodgy behaviour.
A ‘white list’ of permitted management activities is one of the changes to ensure structure remains the market standard.
A number of market features gives rise to an adverse effect on competition, says CMA.
Risk mitigation measures required in bank crisis law.
Competition specialist Mrs Justice Rose has been appointed to succeed Mr Justice Peter Smith on a £1bn British Airways (BA) dispute after the latter agreed to recuse himself.
…covering the legal system; foreign investment, currency regulations and business vehicles.
…as Tier 2 immigration cap is reached.
Focus on leading market players – brush up on your compliance procedures.
Addressing concerns over vertical relationships and common ownership in the UK interbank payments systems.
Retailers must look at the way they price their products and advertise discounts.
The European Court of Justice has published its judgement on the right to deduct input VAT relating to the purchase of a subsidiary.
Euro authority continues to flog the solvency agenda, even though this is not part of the proposed EU Directive.
Regulation – what is it good for? download
Benefits of operating under a license and regulatory regime
Ensure the principle of ‘privacy by design’ is enshrined in everyday business procedures.
Where the relevant public has a basic knowledge of Arabic, this should be taken into account.
Also: a unified European rail market – good luck with that; restrictions on freedom in Italy; and more.
Q&A makes it clear that intermediaries are responsible for mapping of products.
Harder for group finance companies to be exempt from license requirements and supervision.
ISP ordered to take measures against its subscribers.
The Competition and Markets Authority (CMA) has appointed the first panel of standing counsel since the body was established through the merger of the Office of Fair Trading (OFT) and the Competition Commission in 2013.
Kazakhstan: new anti-monopoly rules download
Shares threshold raised to 50 per cent.
Pinsent Masons has announced it is launching an office in Brussels before the UK votes on whether to leave the EU.
New rules for the competitive bid process aimed at the sale of the debtor’s assets.
The Court of Appeal looked at when a public body is required to appoint new decision makers where a decision has been held to be unlawful and is remitted to the body to be retaken.
The Competition and Markets Authority (CMA) has promoted senior director of sectoral regulation Michael Grenfell to executive director following Sonya Branch’s departure to the Bank of England.
Manish Bahl has been appointed partner at Eversheds in the commercial, competition and regulatory practice group, effective as of 1 July 2015.
The European Commission has announced that it had used its fast-track settlement procedures to investigate and impose fines in respect of a parking heater cartel.
Eversheds’ retail finance briefing is designed to keep you up to date with the latest legal, regulatory and industry developments affecting the retail finance industry.
Reform of real estate transfer tax broadens scope of tax-triggering share deals involving property owning companies.
Draft tax bill prioritises dividends, restricting a corporations’ ability to freely manage distributions…
250 wind projects to be scrapped download
Onshore wind farms blown away as subsidies end.
The end of ‘Made in Germany’? download
The label ‘Made in Germany’, generally associated with high quality, has so far been an optional statement. This is now set to change.
The DECC has announced that support under the Renewables Obligation for onshore wind will end from 1 April 2016 Stringent new planning tests have also been announced for wind farms.
Osborne Clarke client electric car manufacturer Tesla has settled out of court with renewables giant Ecotricity, a year after its competition law battle began.
Europe’s data protection compromise download
Expert calls regulation based on one-stop-shop an “illusion”.
Positive signal for entrepreneurs and high-net-worth individuals.
Getting in line with international money-laundering and terrorism standards.
Business standards and unfair contract terms guide among areas affected.
A recent decision of the Court of Justice of the European Union may pave the way for clauses in supply agreements which commit the parties to arbitrate antitrust disputes.
Wrongly added to EU list of international tax havens considered non-cooperative.
The CMA found that an association of estate and letting agents in Hampshire, three members of the association and a newspaper publisher had infringed competition law by agreeing to restrict the advertising of fees and discounts in a local newspaper.
With a Conservative majority Government now in place following the May 2015 general election, a referendum on the UK leaving the EU - or “Brexit” – in 2016 or 2017 is now a certainty. But if the UK were to leave the EU, what would the impact be on UK law?
Access to evidence in stand-alone antitrust damages actions: a landmark decision of the Italian Supreme Court download
On 4 June 2015, the Italian Supreme Court handed down a landmark decision in relation to taking of evidence in stand alone antitrust damages actions (case Comi & Ors v Cargest).
In a recent ruling, the ECHR stated that inspections and seizures carried out by investigators at the premises of two companies suspected of anticompetitive practices violated the European Convention on Human Rights.
With its tonnage tax system Cyprus is not only maintaining its position but rising up the ladder of preferred jurisdictions.
Food suppliers are still getting to grips with EU regulations on food labelling so a new ruling is unlikely to be welcome.
A comprehensive review of the legislative framework.
To increase the attractiveness of hospital PPPs Turkey guarantees lease payments.
Amazon has turned to Clifford Chance as the latest tech giant to face a European Commission antitrust investigation into the distribution of e-books.
Those providing products and services online to Israelis should seek advice as they may be subject to the jurisdiction of Israeli courts.
Advantages, disadvatages and practical tips for managing a two-stage tender process.
Also: will Better Regulation for Better Results work?; private enforcement in antitrust; and more.
With significant efficiencies being demanded by Government there is likely to be more pressure to consider the mutualisation of services.
Improvements are needed in due diligence and management
E-commerce sector inquiry download
The EC has announced the launch of a competition law inquiry into the e-commerce sector, where it is believed that companies who engage in selling via the internet may be employing methods to restrict online trade.
Reminder after fines on estate agents and a newspaper for agreeing not to publish estate agents’ fees
Financial institutions to be subject to “cross-sectorial regulation”.
The Competition Commission of Switzerland is committed to enforcing the Swiss Cartels Act.
If a company is ready to expose an infringement to the EC it should be prepared to file leniency applications with all relevant authorities.
Also: consequences for infrastructure; competition law; the court system; and more.
The Fundraising Standards Board has published the terms of reference for its investigation into concerns about charity fundraising practices, prompted by allegations that Olive Cooke was overwhelmed by fundraising requests.
Competition and Markets Authority sets out areas of strategic focus for the coming year.
The Consumer Rights Act 2015 makes a number of changes to the existing regime.
In a case that will be of interest to employers, the Court of Appeal has held that a global insurance broker was entitled to interim injunctive relief to prevent a competitor from taking steps to attract its staff.
E-commerce sector inquiry download
In the e-commerce sector it is believed that companies who engage in selling via the internet may be employing methods to restrict online trade.
A Queen’s Speech to cut red tape download
Communities to decide on wind farms; HS2 go-ahead; anti-red tape bill; EU in-out vote; and other measures
Doing business in Kazakhstan download
The government has introduced a number of financial support measures for businesses.
Doing business in Uzbekistan download
A foreign legal entity may establish a representative office to represent its interests; and all other aspects of doing business in the country.
Switzerland: drugs pricing rethink download
Doubtful whether the newest amendments to the regime will be valid.
Also: Microsoft war on duff ads; dietary supplement advertising; and more.
In fact, in the field of employment it may be something of a non-event.
The Advocate General of the CJEU has further defined VAT exemptions applicable to collective investment funds
Astana centre will include a new court for financial and investment disputes, using English law.
Reducing the tax burden does not necessarily constitute state aid.
”Leaving the EU would be unspeakably bad for business.”
The problem in implementing the third pillar of the convention in Austria is that the EU has not yet issued a directive.
Mercedes-Benz fined $57m for price-fixing.
The Competition & Markets Authority has published a policy papersetting out what it perceives as the shortcomings in the regulatory regime pertaining to higher education (HE), and its proposals for reform.
Replacing the Human Rights Act with a British Bill of Rights; repatriating powers from the EU; and other changes.
Campaigners fear a review of European environmental directives represents the biggest threat to British landscapes in decades.
A recent decision has clarified that the Federal Court is unable to receive submissions on an appropriate penalty (or range of penalties) from the Australian Competition and Consumer Commission (ACCC).
The sector inquiry will focus on those goods and services in which e-commerce is most widespread.
Data Issues Roundup, 5 May: UK to extend security agencies’ powers; EU biometric data ruling; and more download
Also: Ireland to be privacy regulator for 300 million non-US Twitter users; responses to Big Data report; and more.
The ECJ has released its judgment in a case that concerned the meaning of ‘establishment’ in the European Collective Redundancies Directive.
Prompted by concerns about slow rate of growth in online trade between EU member states.
Court of Justice of the European Union dismisses Spain’s challenge to the legality of the regulations establishing the unitary patent.
US IT companies could be forgiven for feeling victimised, especially after the European Commission recently rapped Google for abusing its power.
Mayer Brown’s London antitrust and competition head Gillian Sproul has left the firm to join Greenberg Traurig Maher.
Wragges outlines the ambit of the inquiry, its background, the role and function of this type of investigation, and outline the extensive nature of the Commission’s powers in this regard.
Baker & McKenzie and FenXun Partners have announced that they have become the first international and PRC law firms to enter into a joint operation in the China (Shanghai) free-trade zone.
Principle of the free movement of capital upheld in recent decision.
Competition partner Paula Riedel’s departure from Linklaters to Kirkland & Ellis last week generated considerable reader interest.
Can a debtor subject to a concordato preventivo pre-filing regime be authorised to sell some of its assets?
Italian hotel chain told to repay profilts after losing dispute over the letter W
The trend for US firms to bring in some of UK firm’s top legal talent is continuing with the news that Kirkland & Ellis has hired the head of Linklaters’ UK competition practice Paula Riedel.
The Competition and Markets Authority (CMA) has hired Freshfields Bruckhaus Deringer antitrust partner Andrea Gomes da Silva as senior legal director of its markets, mergers and sector regulation group.
Mayer Brown has hired Berwin Leighton Paisner (BLP) EU and competition head David Harrison to co-head its European antitrust and competition team.
Berwin Leighton Paisner (BLP) has announced that Andrew Hockley will take over from David Harrison as the head of the firm’s antitrust and competition group from 1 May
Baker & McKenzie won the Platow Recht Award for the ’Best Legal Project 2014’, for its advice to Telefónica in its acquisition of E-Plus.
Looking at barriers to the development of effective cross-border e-commerce in the EU.
Payment Matters: interchange fees; an EU retail payment market; card fraudster jailed; and more download
Also: proposals on the movement of capital and freedom of payments.
Oman's new competition law download
Important compliance issues for companies doing business in Oman.
Last year competition agencies in China and the USA secured fines against manufacturers for a cartel to fix the price of automotive and industrial bearings.
Which? has lodged a super-complaint in relation to concerns about misleading and unclear pricing practices in the groceries sector.
Ruling has significant consequences on dawn raids by French competition authorities, who must now be sure to exclude privileged and unrelated documents.
Preparing for a dawn raid download
External counsel can help raided companies decide, say, whether to file for leniency. Bernhard Lauterburg of Prager Dreifuss is one of the experts on the panel in this Q&A article.
Khaitan & Co has advised Prime Focus (PFL) in relation to the acquisition of Reliance MediaWorks’ (RMWL) film and media services business
Across the EUniverse, issue 1: e-books VAT battle; freedom of personal data; shareholders’ rights revisited; and more download
Legal implications of the latest moves in Brussels.
Longer term benefits alone (such as increased R&D investment) should not be included in the balancing exercise.
Funds update: AIFMD implementation under fire; European agreement on beneficial ownership registers; and more download
Also: new Jersey accounts documentation and recent case law.
Zoltán Hegymegi-Barakonyi, partner at Baker & McKenzie, has been appointed the new chairman of the Hungarian Association of Competition Law.
Geographical Indications have caused EU/US conflict for years but can agreement be found in the Transatlantic Trade and Investment Partnership? This paper suggests the solution must be rooted in IP law.
Presentation for the association of corporate lawyers in Split.
Investment preferences in Kazakhstan download
Measures of state support for priority investment projects.
Two interesting memoranda from the Israeli Antitrust Authority, on mergers and restrictive practices.
Tthe Competition and Markets Authority will look into suspected anti-competitive arrangements in the UK clothing, footwear and fashion sector.
An ‘Innovation Partnership’ procedure, aimed at allowing more scope for novel ideas, is among wideranging changes coming in across the EU.
More clarity in a number of important respects as Hong Kong moves a step closer to implementation of the Competition Ordinance, expected to come into force later this year.
The case of eVigilo v PAGD in March 2015 saw the CJEU explore three public procurement questions raised by the Lithuanian Supreme Court.
The latest football/finance issue to rear its head is ‘third-party ownership’ of football players.
Data Issues Roundup, 1 April: world leaders’ personal details revealed; US-EU dataflows; and more download
Worldwide update also includes items on Prince Charles’ letters and a code of practice for UK public authorities.
The recent decision of the Antitrust Commissioner illustrates the absence of an orderly legislative framework to regulate all matters pertaining to oil and gas exploration and production in Israel.
Welcome clarity from the European Patent Office as to the scope of claim ‘examination’ in the course of post-grant amendment proceedings.
If a regulated firm gets full immunity from the FCA for a competition law infringement, will it be fined in any event for breaching FSMA? And other burning questions.
Cooley has replaced Edwards Wildman as Amazon’s primary trademark and competition panel firm in Europe following the latter’s merger with Locke Lord.
Ilyashev & Partners lawyers will draft legal reviews for the annual survey Doing Business 2016 published by the World Bank.
SPCs and combination products: basic patent on a sole ingredient cannot double as basic patent for combination download
On 12 March 2015 the CJEU gave its ruling in Actavis v Boehringer Ingelheim, yet another reference from the UK courts regarding the interpretation of the SPC Regulation 469/2009.
What the new legislation allowing the Groceries Code adjudicator to fine UK supermarkets says, and how you can offer your views.
Significant changes have been made to the legislation relating to the insurance market.
There are many misconceptions about China and its market economy status.
Draft legislation that would have increased the red tape burden may be overhauled.
An association of estate and lettings agents, three of its members and a newspaper publisher, have agreed to pay penalties totalling more than £775,000 after they admitted breaching competition law.
Since 6 April 2011, when a special exclusion order was revoked, all land agreements are subject to UK competition law.
How national authorities supervise and enforce MiFID provisions relating to investment firms’ obligation to provide best execution.
Important new obligations on landlords, with penalties for non-compliance.
After the 2013 horsemeat scandal, the ‘nuts for cumin’ affair puts traceability and record-keeping back in the spotlight.
A practical cross-border insight into public procurement.
An overview of the main changes outlined by the Chancellor.
Public and regulatory law update: regulators asked to promote growth, judicial review reforms a “retrograde step” and more download
More flexibility for local authorities, requirement on regulators to promote growth, changes to judicial review will be a retrograde step and more.
Data Issues Roundup – parties unite against SNP ‘super ID database’ plan, enforced subject access, and more download
A look at data issues in the UK, Europe and worldwide.
This note sets out the key impact for lenders and lead generators and advises on what they need to do to ensure compliance.
Regular overview. Also includes latest developments on the borrower-lender-supplier agreement exemption, crowdfunding and card payment schemes.
Khaitan has successfully represented Adidas in an appeal filed by a franchisor alleging that Adidas has been abusing its dominant position while dealing with franchisees.
Khaitan & Co advised HPCL Mittal Energy in relation to the refinancing of $740m of existing rupee debt from a syndicate of 24 banks.
An updated statement from the CMA highlights issues that we can expect to form the focus of the its investigation.
Competition law is one of ELIG’s key practice areas. ELIG has the largest and most recognised competition practice in Turkey.
No5 Chambers’ Tim Jones was an invited speaker at a seminar on international arbitration organised by the Bulgarian Chamber of Commerce and Industry, held on Friday 27 February.
French firm Franklin has hired a partner from Bird & Bird’s Paris office to develop a new competition and distribution practice.
In October 2015, the Consumer Rights Act is expected to come into force.
On 18 January 2015, amendments to the Polish competition law entered into force
The UK Government has won a landmark victory at the European General Court in a battle with Cleary Gottlieb Steen & Hamilton client, the European Central Bank (ECB), over the location of central clearing houses for euro-denominated trades.
The Federal Court of Australia has dismissed the ACCC’s anti-competitive conduct case against Pfizer, finding that Pfizer did not breach the prohibition on misuse of market power.
The Competition and Markets Authority (CMA) has invited views from the business community and consumers on the development of online reviews and endorsements.
Khaitan & Co represented PS Group Realty Ltd and Bengal Ambuja Housing Development Ltd before the Competition Commission of India in a competition investigation.
A clawback action based on Italian insolvency laws in a procedure opened in Italy can have wider limits when the transaction is governed by a foreign law.
A few simple measures for you to take as you prepare to comply with the Competition Ordinance that will introduce cross-sector competition law rules to Hong Kong this year.
€170bn (£120bn) of the EU’s 2014-2020 budget is earmarked for 10 former Eastern bloc countries, much of it being spent on infrastructure and energy projects. Of these, Poland represents the largest market.
UK competition lawyers have a new regulator and new rules to follow when handling mergers. Is it ‘business as usual’ as the old OFT and CC promised?
Poland: Will EAA and Swiss investors be able to freely acquire agricultural and forest properties as of May 2016? download
Restrictions on acquiring agricultural and forest properties in Poland by foreigners from the European Economic Area and Switzerland will cease to be binding in May 2016. Does this mean trade in agricultural real properties will be entirely free?
Luxembourg’s advantages for companies considering locating their business here and insight into the country’s legal regime for enterprises.
Sidley Austin partner Tim Cowen has joined technology, media and telecoms (TMT) boutique Preiskel & Co as an equity partner.
Competition News: February 2015 download
Dentons has released the February 2015 edition of its Competition News update.
The Czech Office for Protection of Competition is relaunching dawn raids on business premises conducted without a court warrant.
On 19 February 2015, the FCA published its initial findings into potential competition concerns.
Karanovic & Nikolic hosted the conference Competition Policy on the Path to EU Accession in Sarajevo recently.
In a move that will be welcomed by employers, a European Court of Justice advocate-general has given an opinion against the aggregation of redundancies across an employer.
Late payments and “standing up for small businesses” have emerged as key political issues for most of the main political parties in the run up to the UK general election.
Bojovic & Partners advises clients on all types of competition and anti-trust matters.
Financial Regulatory Developments(FReD): EC consults on capital markets union, pre-arrears processes reviewed and more download
Latest update on regulatory moves in the financial world.
The European Commission has launched an investigation into UK plans to give financial support to coal-fired Lynemouth power plant’s conversion to biomass.
Failure of competition in retail energy markets: ‘disengaged customers’ (still) the root cause? download
Emerging analysis from the investigation into GB gas and electricity supply suggests that consumers are paying more than they need to because of their failure to “engage in” the market.
Ireland’s National Payments Plan emphasises the promotion of electronic payment methods.
On 10 November 2014 the Competition Agency announced that it had concluded another proceeding dealing with resale price maintenance, as prohibited under Article 8 of the Competition Act
Berwin Leighton Paisner (BLP) senior associate Ed Coulson has joined claimant litigation firm Hausfeld as a partner in its London office bringing its European partner head count to six.
An analysis of the CMA’s recent Crossrail decision.
Some of the impacts of the dramatic fall in the price of oil are evident: for the first time in more than five years the price of petrol has fallen below £1 a litre at filling stations.
A number of unlikely transactions are now being caught by merger control rules, Marco Hickey explains why.
Financial services newsletter: Financial Services Ombudsman; Consumer Protection Bill 2015; and more download
European cross-selling practices and the banking inquiry are among the subjects in the spotlight in this newsletter.
Freshfields Bruckhaus Deringer competition partner John Davies has taken a leadership role in a new legal network, which aims to keep Britain in the EU.
The European defence sector is not generally characterised by transparency, and still is quite fragmented.
When Woolworths went bust at the end of 2008, not only was it a watershed moment for UK retail, but it set in motion potentially significant implications for employers proposing large-scale redundancies.
New regulations coming into force on 26 February replace public contracts regulations of 2006.
This Law for the Promotion of Competition and the Reduction of Concentration is likely to have significant interest even for businesses which are not directly subject to the provisions of the Law.
Eversheds tax partner warns that EU attempts to provide multilateral tax reform do not include the US.
Companies involved in oil and gas activities are tightening their belts.
The Groceries Code Adjudicator has announced that she is launching an investigation into Tesco.
Shipping and Transport Bulletin: new Italian rules on road haulage; French aid to SNCF incompatible with state aid rules; and more download
NCTM has released the February-March 2015 edition of its Shipping and Transport Bulletin.
It has been a busy start to the year for the Competition and Markets Authority’s (CMA) merger control teams, with the CMA identifying possible concerns arising from no less than four deals in January.
Competition and Markets Authority issues a call for information on the commercial use of consumer data download
As part of a project to understand how firms collect and use consumer data, the CMA issued a call for information on 27 January 2015 on the commercial use of consumer data.
On 18 January 2015, significant amendments to the Polish competition law aimed at making merger control more efficient entered into force.
The European Commission has given state aid approval to a UK scheme designed to make sure that owners of properties at risk of flooding can obtain affordable insurance.
La moralité de ‘Je suis Charlie’ download
There have also been several attempts to register the phrase ‘Je suis Charlie’ as a trademark.
The Court of Milan ruled on a ‘lookalike’ case, whereby the company San Carlo Food Group claimed the imitation of the graphic elements of its package of chips by the competitor company Amica Chips.
The draft order empowering the Groceries Code Adjudicator to fine supermarkets has been laid before Parliament.
Financial Regulatory Developments (FReD) — CMA consults on unfair terms; Treasury publishes MCD legislation; and more download
Dentons has released the 30 January 2015 issue of its Financial Regulatory Developments (FReD) publication.
Taking on big banks and energy giants means the new competition watchdog needs a strong legal team, and GC Sarah Cardell is the one designing it.
Ever since the new Competition Law came into effect in the UAE in 2013 there has been uncertainty over its enforcement.
Paying for delay and patent settlement arrangements — the European Commission (at last) publishes the Lundbeck decision download
In 2013 the European Commission announced that it had fined H Lundbeck A/S in respect of infringements of Art 101 of the TFEU and the EEA Agreement. It has finally set out the basis for the infringements.
Reporting requirements for authorised and registered AIFMs in Ireland: deadline approaching download
This article provides some pointers for the preparation of Annex IV Reports and, looks at what the information contained in filed AIFM reporting templates might reveal.
December 2014 saw the first three convictions in the Sustainable Growth Group case, involving the fraudulent selling and promotion of investment products based on green biofuel.
The latest information on regulatory developments across Europe.
Competition News — January 2015 download
Competition news from across Europe.
A reminder to all brand owners when creating brand names to give careful consideration to ensuring they are original
The UK Government published draft legislation on 22 January that aims to implement the recommendations of the Smith Commission for further devolution to Scotland.
French firm Veil Jourde has capped off a strong 2014 with the hire of a competition team from Winston & Strawn led by partner Emmanuel Tricot.
On 1 April the FCA will acquire competition law enforcement powers in the financial services sector.
This article examines a recent trend in EU competition law whereby it has become increasingly common for parent entities to be fined for the violations that were perpetrated by their subsidiaries.
On 6 November 2014, the Competition and Markets Authority (CMA) launched an in-depth investigation into both the personal current account sector and aspects of SME retail banking.
Shepherd and Wedderburn has hired international arbitration lawyers Jane Wessel and Claire Stockford, from US firm Crowell & Moring.
DLA Piper’s ‘Life sciences: patent extension strategies and antitrust global update’ video covers global antitrust and competition issues including product hopping and reverse payment patents.
Philipp Zurkinden of Prager Dreifuss participates in this mini roundtable on competition and antitrust (reprinted with permission from Risk & Compliance magazine).
This briefing is part of The Private Competition Enforcement Review, reproduced with permission.
Dacheng’s antitrust group — led by partners Deng Zhisong and Dai Jianmin — was recently named as a ‘Highly Recommended Antitrust Firm in China by Global Competition Review (GCR) magazine.
Competition News — December 2014 download
This newsletter includes information on the Serbian parliament’s appointment of Professor Miloje Obradovic´ as president of the Competition Commission, and other news.
DLA Piper’s life sciences ‘Patent extension strategies and antitrust global update’ video, we cover global antitrust and competition issues including:
Dentons has released the December 2014 edition of its Competition News publication.
PRC firm Gaopeng & Partners has bolstered its Beijing practice with the addition of Microsoft’s China general manager and assistant general counsel Ron Xie.
Financial Regulatory Developments — EP agrees MLD 4 progress; FCA pleased with post-RDR review; and more download
Dentons has released the 22 December 2014 issue of its Financial Regulatory Developments (FReD) publication.
Africa e-briefing, December 2014: OHADA Masters degree; integration of EALI members; EALI and Morrocan country guide, COMESA guidelines and foreign exchange reform download
Eversheds’ Africa e-briefing includes the new OHADA Masters degree, the integration of EALI members, the EALI summit and country guides, Morrocan guide, COMESA guidelines and foreign exchange reform.
Maravela’s newsletter sets out the main amendments and news pertaining to enactments and case law for Romania, September – October 2014. Contents: Agriculture Competition Energy and natural resources Regulatory and compliance Tax Click on the link below to read the rest of the Maravela briefing.
On 2 December, Eversheds hosted its annual Food and Drink conference, which opened with a keynote speech by Adam Leyland, editor of The Grocer.
The Competition & Markets Authority (CMA) has published a list of warning signs to encourage the public sector to be alert to bid rigging when buying in works, goods and services.
The FTC gets activist post-Actavis download
The Supreme Court ruled in FTC v Actavis that settlement agreements for patent infringement suits between branded and generic drug companies are not immune from antitrust scrutiny.
Saudi Arabia Update — Shoura Council focus on monopolies; liberalisation of healthcare sector; and more download
Dentons’ latest Saudi Arabia Update covers healthcare liberalisation, employment law, consumer protection and judicial corruption.
Optus has reached an agreement with NBN Co on the future of its Hybrid Fibre Coaxial (HFC) network to enable the accelerated roll-out of Australia’s National Broadband Network (NBN).
Prager Dreifuss has a broad and internationally recognized experience in competition law & regulatory matters.
Memery Crystal partners led a LSE workshop on internationalisation for SMEs that have expanded or are interested in expanding their UK businesses globally.
The importance of companies being able to freely advertise their fees or discounts has again been highlighted by the Competition and Markets Authority (CMA).
This article outlines the draft guidelines and briefly looks at issues of specific concern to the construction industry in Hong Kong.
Schoenherr has invited Christoph Haid, a partner in the firm’s EU and competition department, to join the firm’s equity partners.
Ireland’s Competition Authority conducted an investigation into the application of An Post’s zonal pricing scheme for users of its Publication Services product. This indicates that An Post sought exclusivity from publishers.
The Italian Antitrust Authority has approved with conditions the establishment of the joint venture (JV).
The Competition & Markets Authority has published a consultation paper on draft consumer protection law advice for the UK higher education sector in relation to its dealings with undergraduates.
DLA Piper has announced that the firm has been recognised in Law360’s global practice group rankings as a law firm with the largest practice group in eight specific areas of the law.
Clifford Chance EU public policy head and competition partner Oliver Bretz is to leave the firm in the New Year to set up an independent competition law boutique.
Addleshaw Goddard has released the November 2014 issue of its InSure publication.
Mergers: European Commission approves acquisition of Covidien by Medtronic, subject to conditions download
The European Commission has cleared the proposed acquisition of Covidien by Medtronic.
Eversheds has appointed two new partners in Hong Kong: Stephen Hopkins and Adam Ferguson have joined the firm’s Asian operations.
Ivana Vragovic, Karanovic & Nikolic’s procurement expert in Bosnia & Herzegovina, has commented on the enactment of a new law on public procurement.
Minter Ellison is acting as legal adviser to the owners of Primo Smallgoods Group in what is described as Australia’s largest private equity transaction of 2014.
The Smith Commission download
The Smith Commission has published its recommendations for further devolution of powers to the Scottish Parliament.
BDK has advised Swiss company Newmet on a successful takeover bid for the acquisition of majority shares in Serbian company Nissal AD.
Hong Kong Competition Commission publishes draft guidelines — a key step toward bringing the competition ordinance into full force download
The Hong Kong Competition Commission has published a set of draft guidelines on 9 October 2014 for public consultation.
The Chancery division allowed liquidators’ application for disclosure of documents under s.236 Insolvency Act 1986 in order to investigate possible claims against the respondents.
The Competition and Markets Authority has decided to launch an investigation into the PCA and SME retail banking sectors.
Khaitan & Co has advised FCC Co in relation to the acquisition of RICO Auto’s entire shareholding in FCC RICO for $80m.
US firm Seyfarth Shaw has scored four litigation partners from Bingham McCutchen, in the first known group lateral move from the 80 partners left by Morgan Lewis & Bockius at the ailing firm.
The Croatian Competition Agency was provided with the authority to conduct dawn raids in 2010, but it was not until June 2013 that it conducted its first one.
The Court of Appeal has considered whether an employee who was unwilling to work out his notice period could treat the contract as at an end and work for a competitor.
UK Automotive Newsletter — holiday pay test cases; the Consumer Protection (Amendment) Regulations 2014; and more download
This briefing from Dentons covers the latest legal and regulatory updates in the UK automotive industry.
Jumping ship? Restrictive covenants download
In this article, Gateley provides 10 top tips regarding restrictive covenants.
Karanovic & Nikolic has hosted a gathering of competition policy experts at its eighth Annual Focus on Competition Conference in Belgrade.
Tomas Jakubauskas will discuss the practical aspects of competition law at the event.
Loose lips sink banks download
Information exchanges between competitors are regarded by the European Commission as being potential ‘object’ restrictions of competition.
BDK has launched a new life sciences and healthcare practice group, which combines the firm’s existing capacity in various areas.
On 12 November, the CMA published details of the members of the investigation group and the timetable for its investigation.
Competition law is a significant part of Voicu & Filipescu’s practice.
The Court of Appeal has overturned the High Court ruling that M&S had infringed Interflora’s trademark rights in its name by purchasing and using it as a Google Ad-Word.
The CMA has made an order designed to address the adverse competition effects identified by the Competition Commission.
Bates Wells Braithwaite has acted for the independent reviewer of the Advertising Standards Authority Adjudications and for the Advertising Standards Authority.
The National Assembly of the Republic of Serbia has elected a new president of the Competition Commission, as well as new members of the commission’s council.
The CMA is to make a ‘Phase 2’ market investigation reference in relation to the supply of retail banking services to personal current account customers and SMEs.
Recently, the English High Court handed down its judgment in the carefully watched Carewatch case.
In 2013, claims were issued by a number of retailers against Visa alleging that it wase guilty of restricting completion by imposing a minimum transaction fee.
Linklaters, Clifford Chance, Freshfields and Ashurst have all won roles for the UK’s big four retail banks currently at the centre of a major Competition and Markets Authority (CMA) probe launched last week.
Eversheds has advised Dairy Crest on the proposed sale of its Dairies operations to Müller UK & Ireland Group for £80m.
Financial Regulatory Developments — EIOPA consults on product governance; ECB takes over banking supervision; and more download
Dentons has released the 7 November 2014 issue of its Financial Regulatory Developments (FReD) publication.
A number of members of 20 Essex Street specialise in the substantive law of the EU and in UK and EU competition law.
This briefing addresses some important changes in antimonopoly regulation in Russia.
Court of Appeal upholds injunction holding employee to notice period and post-termination restrictions without pay download
The Court of Appeal has held that an employer was entitled to waive an employee’s repudiatory breach of contract and keep the contract of employment alive.
The CMA has decided to make a market investigation reference into personal current accounts and banking services to SMEs.
Shepherd and Wedderburn has hosted two webinars: ’Resale price maintenance and restricting online sales’ and ‘Litigating refusals to supply’.
Corporate lawyers from Wragge Lawrence Graham & Co have advised main market client Hyder Consulting on its £300m recommended takeover by ARCADIS.
European Court of Human Rights rules that Czech Competition Authority is not authorised to enter business premises without a warrant download
The Czech Competition Authority violated article 8 of the European Convention on Human Rights when entering the Delta Bakery premises without first obtaining a warrant.
New guidelines on fines issued by the Italian Antitrust Authority: compliance programmes as mitigating circumstance download
The new fining guidelines allow companies to obtain a reduction in a fine if they have effective competition compliance programmes in place.
Long-serving DLA Piper partner Mike Pullen has left the firm after 16 years to join Stephenson Harwood as a competition partner.
Restrictive covenants: East England Schools CIC (Trading as 4 MYSCHOOLS) v Palmer and Another, High Court
It is established law that to be enforceable restrictive covenants of this nature can be no wider than is necessary to protect the employer’s legitimate business interests.
Restrictive covenants: ‘fixing’ the drafting, or a bad bargain, where will the courts draw the line? download
In a recent case (Prophet plc v Huggett), the Court of Appeal considered where the line must be drawn in terms of the courts’ ability to be pragmatic.
Linklaters and Milbank Tweed Hadley & McCloy have secured judgment in favour of Visa in a dispute brought by retailers over fees charged for using Visa credit cards.
A host of barristers from top sets and major international law firms are advising as British Airways (BA) and a number of other international airlines seek to defend a £1bn claim that they were part of a cartel raising the price of air cargo services.
The Court of Appeal has handed down judgment in an important case on garden leave (Sunrise Brokers LLP v Rodgers).
Profit warnings ‘highest since 2008’ download
Growing levels of competition have led to the highest number of third-quarter profit warnings among UK-listed firms in six years, new data has revealed.
A corporate team from Walker Morris has advised Endless on the acquisition and merger of office2office with Vasanta Group Holdings.
Businesses operating in the EU with the benefit of tax ruling consequently need to be aware that tax rulings are currently at the centre of a series of EC state aid investigations.
Wragge Lawrence Graham & Co has advised Euroclear on its agreement with the US’s DTCC to develop a joint collateral processing service.
The following regions are discussed in this article: Azerbaijan; Kazakhstan; the Russian Federation; Uzbekistan; and Kyrgyzstan.
Wragge Lawrence Graham & Co has strengthened its Paris office with the appointment of a new competition team.
Financial Regulatory Developments — ESAs publish joint work programme; ESMA speaks on PRIIPs and MiFID 2; and more download
Dentons has released the 17 October 2014 issue of its Financial Regulatory Developments (FReD) publication.
Panellists at The Lawyer ’s recent Romania briefing heard much to encourage them to get involved in the country
EDF has turned to Clifford Chance antitrust partner Jenine Hulsmann to win approval for a nuclear reactor subsidy scheme from the European Commission (EC), enabling the first new nuclear reactors to be built in Britain for 20 years.
Tomasz Zalewski from Wierzbowski Eversheds, has been elected to the Expert Group in the field of intellectual property at PIIT.
Wragge Lawrence Graham & Co has advised dnata on its acquisition of the entire issued share capital of Stella Travel Services.
The Competition and Consumer Protection Act 2014 has implications for media mergers and media business in Ireland from 31 October 2014.
This briefing from Dentons discusses the competition law considerations that need to be taken into account when entering into non-compete agreements.
In the last couple of days, the Financial Times and The New York Times have published important articles on Russia and China. The articles don’t pull their punches.
Which law? Which courts? download
Scotland retains its own legal system and courts, and businesses need to take account of that.
On 7 October 2014, the AGCM and the IVASS signed a memorandum of understanding concerning the consumer protection on the insurance market.
Whether you are a property developer or a retailer, your business and trading practices are governed by the Consumer Protection from Unfair Trading Regulations.
According to The Legal 500, following the merger of Wragge & Co and Lawrence Graham in May 2014, the firm has ‘more strength and depth as well as wider international coverage’.
The newly-formed Competition & Markets Authority (CMA) is looking to hire a director of criminal enforcement as part of three new director roles aimed at beefing up its ability to crack down on cartels.
Wragge Lawrence Graham & Co has advised longstanding client Euroclear on its agreement with the US’s DTCC to develop a joint collateral processing service.
Healthcare at Home Ltd v Common Services Agency (Scotland) concerns the interpretation of the ‘reasonably well-informed and normally diligent’ tenderer.
What has been the most important national and European consumer-related legislation in 2014? download
The landscape of UK consumer rights law is undergoing its largest reform since 1979.
Austrian merger control continues to capture non-full-function joint ventures
Khaitan & Co has advised SBS Holdings on its acquisition of a 66 per cent stake in Transpole Logistics. The deal will see Fidelity and Everstone exit the company.
Khaitan & Co has advised Elder in relation to the completion of the transfer of some of its branded domestic formulations business in India and Nepal to Torrent Pharma.
Wherever in the world they may be situated, most employers like the idea of being able to prevent ex-employees from competing with them.
Dentons has hired the former head of EU competition law at Scottish firm Brodies, Mark Clough QC, to its Brussels office as senior counsel.
On 4 December 2013, the Italian Competition Authority (ICA) opened an investigation into one of Italy’s largest joint purchasing groups, Centrale Italiana.
DLA Piper has advised the global alternative asset investment firm Carlyle Group on its acquisition of a majority stake in Expereo Holding.
Claimant litigation firm Hausfeld has hired Michelin Group Europe general counsel Laurent Geelhand to launch a Brussels office.
Competition and Markets Authority orders shake-up of audit services for large companies in the UK download
The Competition and Markets Authority has published the final order in relation to the Competition Commission’s investigation into the UK statutory audit market for large companies.
UK: updates to the Water Act 2014 download
This act enables the secretary of state to introduce regulations that will allow undertakers to exit the competitive part of the retail market.
Financial Regulatory Developments — FSB reports on Cairns plenary; EBA consults on early intervention; and more download
Dentons has published the 26 September 2014 issue of its Financial Regulatory Developments (FReD) publication.
Barnea & Co provides comprehensive solutions to its clients for all matters regarding antitrust and competition laws.
MOrsel: in business, it’s not what you know, it’s who you know — Nautech Services Ltd v CSS Ltd and Ors download
The Royal Court in Jersey has held that a business’s client contact information, stored on a database, is protected by laws of confidentiality and copyright.
Nabarro’s position on brewer Molson Coors panel is understood to be under threat, with sources saying the company is searching for a replacement debt and competition adviser over the next two months.
Ilyashev & Partners is an official partner of the 2nd Annual Forum of In-House Counsel, which will be held on 23 October 2014.
Ince & Co has appointed shipping and aviation partner Philippe Ruttley, who joins the firm’s London office as head of EU and competition law.
The following commentary provides a brief overview of the short to medium term changes expected in the post-referendum environment.
Mugni Islam-Choudhury reports on the latest developments on restrictive covenants following Merlin Financial Consultants Ltd v Cooper and Prophet plc v Huggett.
This article examines certain key points of the new Competition and Consumer Protection Act 2014, which will come into force on 31 October 2014.
The right lateral hire will enable you to win market share and help to propel your firm’s growth ahead of your competition. Or it will end in tears.
The much anticipated tie-up between Akin Gump Strauss Hauer & Feld and Bingham McCutcheon’s London office closes only one chapter of speculation over the fate of the US firm.
Ilyashev & Partners has obtained four merger clearances from Ukraine’s competition regulator, the Antitrust Committee, for PZU, an international insurance group.
The coffee capsule revolution: French competition authority opens up market to Nespresso rivals download
Following an investigation sparked by complaints from rival espresso coffee capsule manufacturers, the French Competition Authority has accepted commitments from Nespresso.
Addleshaw Goddard has advised Barclaycard, the global payments business of Barclays Bank, on its acquisition of The Logic Group.
The Slovenian Competition Protection Agency may impose a fine of up to 10 per cent of a company’s annual turnover for infringements of article 9 of the Competition Act.
Schoenherr has advised the consortium of shareholders of Aerodrom Ljubljana on the privatisation of Slovenia’s primary airport in Ljubljana.
Shepherd and Wedderburn has hired telecommunications expert Gordon Moir from Webb Henderson.
Our specialists steer clients through the complex and dynamic area of competition and EU law, wherever they are located.
The intellectual property (IP) team consists of qualified and experienced lawyers specialising in IP law and litigation.
Boyanov & Co has developed a successful practice in virtually all areas of competition law, including merger control, antitrust, state aid and unfair competition proceedings.
Partner, Forensic Services
Trademarks — the EU Court of Justice on jurisdiction relation to international infringement download
Coty Germany filed a claim before the first-instance German court against First Note for infringement of its Community tri-dimensional trademark.
Director, Forensic Services
Baker & McKenzie has picked up Clifford Chance’s Hong Kong head of competition, consultant Stephen Crosswell, for its Hong Kong office.
Protecting your market and goodwill; post-termination restrictions and stepping rights upheld download
In Carewatch Care Services v Focus Caring Service and Others, Mr Justice Henderson had to consider the enforceability of standard post-termination restrictions.
The Court of Appeal has considered whether the High Court made the right decision in re-writing a 12-month non-compete covenant so that it made commercial sense.
The Association of Southeast Asian Nations (ASEAN) was established on 8 August 1967 under the framework of the ‘three pillars’ of regional co-operation
European Commission proposes reforms to merger control regime; how will this affect the aviation sector? download
The European Commission has produced a white paper setting out proposals to improve and extend European Union merger control.
In a decision rendered on 24 July 2014, the French Competition Authority imposed a €1.7m (£1.35m) fine on Société Nouvelle des Yaourts de Littée.
The allegedly unfair behaviour of a competitor does not justify exclusionary practices against it download
Cegedim, in a dominant position on the market of medical information databases, has been heavily sanctioned by the French Competition Authority.
The absence of prior notice of mergers may result in significant fines without breaching the principle of proportionality download
High financial consequences may be borne by companies that have failed to notify and have implemented their merger without authorisation from the competent competition authority.
BWB’s public and regulatory law team, headed by Melanie Carter, provides practical and strategic advice and representation for its clients.
LK Shields’ Marco Hickey takes a look at recent developments in European football governance from a competition law perspective.
Our team operates predominantly in the small to mid-cap market, where we have extensive experience and a client-focused approach.
Our competition team combines expertise in corporate/commercial and regulatory law, advising on specialist competition issues.
DLA Piper has advised Etihad Airways on its entry into a transaction implementation agreement with Alitalia.
Ofgem and DECC have jointly published an action plan of measures to encourage the growth of independent energy suppliers.
Private patient units download
It is widely expected that the trend of NHS hospitals seeking to establish or expand their private patient units offerings will continue.
The European Commission has launched a consultation on the functioning and future of the Insurance Block Exemption Regulation (IBER).
Poland: the latest changes in Polish Public Procurement Law — the biggest amendment since 2004 download
On 25 July 2014, the Polish Parliament passed on an amendment of the Public Procurement Law.
Ensure restrictive covenants in a sale agreement are enforceable (as the courts won’t do it for you) download
The Court of Appeal has overturned a decision in which the judge read words into a restrictive covenant clause to reflect what he determined the parties had in mind at the time of drafting.
Corporate lawyers from Walker Morris have advised Straight on its sale to a subsidiary of Irish outfit One Fifty One for approximately £10.7m.
Former King & Wood Mallesons (KWM) partners Tony O’Malley and Tim Blue, who set up a Sydney boutique earlier this year, have joined accounting giant PricewaterhouseCoopers (PwC) to launch an Australian legal services arm.
A court has held that a user clause proposed in a lease renewal by a local authority landlord which would prohibit the tenant from selling convenience goods and alcohol would breach a prohibition.
Senior partner Qi Zhi and attorney Yang Shulong from Dacheng’s Jinan office were retained to represent Hongjitang Ejiao at a trial.
Adam Aldred has become the first competition law specialist practising at the UK’s regional bar as he departs Addleshaw Goddard for Kings Chambers.
RTPR Allen & Overy has strengthened its competition, dispute resolution and IP practices with the appointment of Valentin Berea as partner.
On 29 May 2014, the presidents of Russia, Kazakhstan and Belarus signed an agreement establishing the Eurasian Economic Union.
Khaitan & Co has advised EnerNOC, a provider of energy intelligence software, in relation to its acquisition of EnTech.
We assist clients with investigations by the Swiss Competition Commission in connection with cartels, vertical and horizontal co-operation as well as the abuse of a dominant position.
Adam Aldred, formerly of Addleshaw Goddard, has accepted an invitation to join Kings Chambers.
Ireland is set to reform several key provisions that govern its merger control regime after the Competition and Consumer Protection Bill 2014 was signed by the president.
EU member states are being encouraged to improve protection for small food producers and retailers against the unfair practices of their sometimes much larger trading partners.
Alastair Harris, payment expert at Eversheds, has commented on SEPA payment regulations becoming fully operational in all eurozone countries.
In its 20th anniversary year, Kalo & Associates has won several important mandates.
Baker & McKenzie has kickstarted a South African competition practice with the acquisition of local firm Vani Chetty Competition Law.
The revised competition regime for technology transfer agreements and its impact on high-tech SMEs download
In March 2014, the European Commission adopted a revised competition regime for technology transfer agreements.
A recent complaint brought by Ryanair to the European Commission tackled some of the most difficult issues arising in the competition law domain.
Servier and other French pharmaceutical manufacturers have received fines for conspiring to keep generic medicines off the market.
Umbrella pricing download
This article examines the availability of ‘umbrella pricing’ theories to claimants seeking compensation for damages from cartel members in civil damage actions.
European Commission fines Servier and five generic companies for curbing entry of cheaper versions of cardiovascular medicine download
The European Commission has imposed fines totalling €427.7m on the French pharmaceutical company Servier and five producers of generic medicines.
The European Commission has produced a white paper setting out proposals to improve and extend European Union merger control.
The government has recently announced that it will remove the £5,000 upper limit on fines imposed in the magistrates’ courts.
Yana Dianova of GRATA took part in the meeting of the Expert Council for Competition Promotion in Social Sphere and Health?are.
The Court of Appeal has overturned a High Court judge’s decision to add words to a non-compete restriction, which had originally offered the employer very little protection.
The Financial Conduct Authority (FCA) has announced a review of competition in the wholesale financial markets.
Martin Retail Group Ltd v Crawley Borough Council: the Competition Act 1998 ‘lands’ a council with a problem
The Central London County Court has ruled that a restriction on use in a lease breaches the Chapter I prohibition of the Competition Act 1998.
In a recent case, the judge concluded that something had ‘gone wrong’ with the drafting and added the words ‘or similar thereto’ to the end of the covenant.
The CMA is consulting on a provisional decision to refer the market for the supply of retail banking services to PCA customers and to SMEs for a phase II market investigation.
On 24 June 2014, Governmental Decree no. 91/2014 (the so-called ‘Competitiveness Decree’) was published in the Italian Official Gazette.
There should be a market investigation into the markets for banking services for SMEs and the supply of personal current accounts, according to the CMA.
On 2 July, the EU Commission published a number of documents aimed at moving the EU towards a circular economy.
Khaitan & Co has advised Meiji Seika Pharma Co in relation to its acquisition of Medreich India and its subsidiaries.
A new directive in the EU is set to assist franchisors and franchisees who own confidential business information (such as trade secrets and know-how).
Khaitan & Co has advised Weener Plastik (‘WEENER’), Germany, in relation to a 100 per cent acquisition of Weener Empire Plastics.
Allen & Overy has advised Imperial Tobacco on its acquisition of the US Winston, Kool, Salem and Maverick tobacco cigarette brands and the US/UK blu e-cigarette brand.
Schoenherr has advised Rasperia Trading on its exercise of a call option to purchase shares and increase its shareholding in Vienna Stock Exchange-listed STRABAG.
Partner and head of intellectual property
Lesley Farrell, partner at Eversheds, has commented on the news that UK banks are facing a full-scale CMA probe.
Schoenherr has represented Carso Telecom, a wholly owned subsidiary of the América Móvil group, in its successful public takeover offer of Telekom Austria.
Germany: Federal Cartel Office and courts make Adidas, ASICS and Casio drop ban on online marketplaces download
Renowned brands Adidas, ASICS and Casio must allow their approved resellers to use internet auction sites and online marketplaces to resell their goods.
KKR has agreed to acquire a 49 per cent stake in Ringier’s subsidiaries Scout24 Schweiz and Omnimedia. Bär & Karrer is acting as legal adviser to KKR.
The latest action to be taken by the competition authorities is the public consultation on the provisional decision by the CMA on PCAs and banking services to SMEs.
As foreshadowed by the coalition government earlier this year, penalties for breach of the Franchising Code of Conduct are to be introduced.
The third consecutive Summit 100 recently took place in Cavtat, Croatia. Dragan Karanovic, managing partner at Karanovic & Nikolic, attended the event.
The FCA has published the above consultation paper, which sets out its intended approach to the implementation of a price cap for high-cost, short-term credit.
The Financial Conduct Authority (FCA) is currently preparing for the award of concurrent competition enforcement powers on 1 April 2015.
DLA Piper has released the July 2014 issue of its Antitrust Matters publication.
Fieldfisher has added a trio of partners to its Parisian office, bulking up its competition, corporate and tax practices.
Any land agreement which may affect trade within the UK and has as its object or effect the prevention, restriction or distortion of competition within the UK will be void and unenforceable.
British Telecommuncations’ (BT) in-house team has triumphed against King & Wood Mallesons SJ Berwin (KWMSJB) and Herbert Smith Freehills (HSF) in a Supreme Court battle over BT’s call charges to mobile operators.
Merlin Financial Consultants Ltd v Cooper, concerning 12-month non-competition restrictive covenants, suggests that they are easier to enforce in the financial services sector.
The case of R (on the application of Sky Blue Sports & Leisure Ltd and others) v Coventry City Council  EWHC 2089 (Admin) is an interesting one.
On 1 July 2014, BIS published new guidance on how to apply the new EU General Block Exemption Regulation.
The government has recently announced that it will remove the £5,000 upper limit on fines imposed in the magistrates’ courts.
Herbert Smith Freehills (HSF) has picked up Taylor Wessing competition partner Michael Dietrich to bring the number of partners in Germany to six.
Head of competition and associate
The Brussels competition team at Allen & Overy recently hosted a workshop entitled ‘Exchange of information — current issues’.
Non-competition restrictive covenants have been described by a leading judge as ‘the most powerful weapon in the employer’s armoury’.
Shepherd and Wedderburn has picked up the Competition Team of the Year title at The Lawyer Awards 2014.
In recent years, the Competition Council has focused a significant part of its resources on the fight against bid rigging and also for its prevention.
This briefing explores how an exchange of information may infringe competition law, among other topics.
Ofgem has consulted on whether to refer the energy market for an in-depth investigation by the Competition and Markets Authority and on the scope of the reference.
InContact — 14 June 2014: Small Business, Enterprise and Employment Bill 2014–15; BBA report; and more download
Addleshaw Goddard has released the June edition of InContact, which covers the latest market news and developments in the payments space.
The Paris Court of Appeal raps the French Competition Authority’s knuckles and annuls the sanctions against endive producers download
The Paris Court of Appeal has overturned all the provisions of the French Competition Authority’s decision in the matter of endive producers.
The ECJ has ruled in favour of extending the liability of a cartel’s members when the effect of the cartel was to incite other market operators to increase their own prices.
French merger control: an exclusive distribution agreement can confer power of control requiring notification download
The French Competition Authority’s decision of 17 April 2014 authorised Orlait to take control of Terra Lacta’s UHT milk business.
Research published by Allen & Overy has revealed that aggressive cartel enforcement has continued unabated for the first six months of 2014.
Does ex-ante regulation work? download
John Schmidt provides an outline of where we are in terms of ex-ante vs ex-post; reflects on past issues in sectoral regulation; and discusses future challenges.
The judgment in Martin Retail Group v Crawley Borough Council, as well as the wider application of competition law to land agreements, is covered in this webinar.
The mid-year trends in global antitrust enforcement paint a daunting picture for businesses currently caught in the crosshairs of a cartel investigation.
A proposed restriction on a tenant’s use of its property has been struck down as void under competition law.
Addleshaw Goddard has advised Sainsbury’s on its high-profile, strategic joint venture with Dansk Supermarket to create the new Netto grocery chain in the UK.
Czech Republic: recorded telephone conversations — legal evidence in administrative proceedings download
A recent decision considered a telephone conversation between two individuals as legitimate evidence in administrative proceedings.
The new TTBE, adopted following a lengthy consultation process, does not represent a significant departure from the previous approach to technology licensing.
Peter Nigel Snee of Franklin Hodge Industries pleaded guilty on 17 June 2014 to the criminal cartel offence under section 188 of the Enterprise Act 2002.
The OFT has found that four companies unlawfully conspired to rig bids for contracts to install access-control and alarm systems.
Allen & Overy’s Warsaw office hosted a Regional Competition Law Day on 12 June 2014.
Shepherd and Wedderburn’s competition team, led by John Schmidt, has advised high-street retailer John Lewis.
Partner — Manchester
In this presentation, John Schmidt reports on the IBC conference on competition challenges in the financial services sector in 2014.
LK Shields Solicitors advises on all aspects of EU and Irish competition law.
DLA Piper, Lewis Silkin, Reed Smith and Shepherd & Wedderburn have deflated a probe into the artificial boosting of sports bra prices by the UK’s new competition watchdog.
The European General Court has handed down its judgment in the Intel rebates case.
Allen & Overy is hosting a regional competition law day on 12 June in its Warsaw office.
ICA accepts remedies proposed by the major insurance companies in relation to possible vertical restraints in agency contracts download
The ICA has accepted remedies proposed by the major insurance companies in relation to possible vertical restraints in agency contracts.
We can help you meet those challenges, reduce your risk or seek damages or other remedies through the courts.
Covington & Burling has introduced a European head of public policy and government affairs role to the firm as it looks to beef up its offering in Brussels.
EU competition law: private equity firms can be liable for companies in their asset portfolio download
The European Commission will hold parent companies jointly liable for the competition law infringements of their subsidiaries when the parent exercises a ‘decisive influence’ over the subsidiary.
Binder Grösswang has advised the Scout24 group on the acquisition of Austrian real-estate portal www.immobilien.net.
Karanovic & Nikolic has secured merger clearances in several countries for the acquisition of Slovenian retailer Mercator by Agrokor.
The Queen’s Speech was delivered to both Houses of Parliament on 4 June, outlining the intended legislative programme for the 2014–15 session.
UK Automotive Newsletter: the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations; and more download
Dentons has published its UK Automotive Newsletter for June 2014.
Khaitan & Co has advised Elder Pharmaceuticals in relation to the sale of some of Elder’s branded domestic formulations business in India and Nepal to Torrent Pharmaceuticals.
Weekly Newsletter Italy: HR consultancy; competition, EU and regulatory; and financial services disputes and investigations download
Eversheds has published its weekly newsletter covering Italy for 19–25 May 2014. It looks at HR consultancy, competition, EU and regulatory, financial services disputes and more.
Competition News May 2014: European Parliament adopts directive strengthening private enforcement; and more download
Dentons has released the May 2014 issue of its Competition News publication.
Walker Morris has been appointed to the Legal Service Panel for the Centre for Process Innovation (CPI) following a successful tender.
Chinese firm Fangda has hired Freshfields Bruckhaus Deringer’s China antitrust head Michael Han as a partner in Beijing, its second lateral hire from the magic circle firm in two years.
Key Commercial Property Update — May 2014: two noteworthy judgments in commercial landlord and tenant law download
Recent weeks have seen two important decisions handed down in cases concerning commercial (and, in particular, retail) property.
The Central London County Court has ruled that a permitted use restriction in a lease is anti-competitive and unenforceable.
The decision to grant Covanta an injunction suspending the procurement of a long-term waste disposal contract could mark a turning point for procurement challenges in the UK.
Case C-574/12 Centro Hospitalar v Eurest Portugal was a case referred to the ECJ by the Portuguese court.
We recently had a really interesting PwC Fraud Academy discussion around the practical challenges of managing competition risk.
Schoenherr has represented Carso Telecom in a takeover offer for all shares in Telekom Austria AG not held by Carso Telecom, AMX, Telekom Austria or the OIAG.
Schoenherr has advised PALFINGER AG and individual-selling PALFINGER shareholders on the establishment of a mutual capital interlinking.
Any investment of public money in a private undertaking has the potential to be unlawful state aid if it gives that undertaking an economic advantage over its competitors.
The directorate-general for competition recently published guidance on the new rules governing state aid for energy projects and environmental protection.
Eversheds Nicea’s Crisanto Perez-Abad has given a presentation on the latest issues concerning article 1 of the Spanish Competition Act 15/2007.
All public bodies that are in a position to give resources to help businesses need to know about state aid.
Khaitan & Co’s services include typical antitrust matters such as anti-competitive arrangements, cartels, dominance investigations and so on.
Addleshaw Goddard has retained its position as a core provider of legal services to FTSE 100 client Sainsbury’s.
The Competition and Markets Authority has published its final report on the merger between Breedon Aggregates and Aggregate Industries.
Bristows associates Dominic Adair, Jeremy Blum and Adrian Sim have been promoted to the partnership.
Walker Morris has announced the internal appointment of six directors and 15 associates in a number of key growth areas.
Freshfields Bruckhaus Deringer has appointed Simon Marchant and Simon Priddis as its new corporate and competition heads.
Technology businesses should be aware that the European Commission has revised the rules on how EU competition law affects technology licensing agreements.
Ben Jones has commented on the anticipated release of the decision of the ECJ in respect of the legal challenge raised by the UK to the proposed EU FTT.
Wierzbowski Eversheds has achieved a 50 per cent reduction on the appeal of a fine imposed on PTK Centertel by Poland’s competition regulator.
Allen & Overy has advised Vivendi on the sale of SFR. Vivendi’s supervisory board decided to enter into exclusive negotiations with Altice for a period of three weeks.
Joaquin Almunia has stated that any review of the successful purchase of Vivendi’s French telecom subsidiary by Numericable will remain with the French Competition Authority.
Schoenherr has advised AMX and Carso Telecom in connection with the negotiation of a shareholders’ agreement with OIAG regarding their respective participations in Telekom Austria.
Schoenherr is the clients’ law firm of choice in Austria for 2014, according to legal publisher Chambers and Partners’ Client Service Awards.
On 21 March 2014, the European Commission adopted a revised technology transfer block exemption, which applies to bilateral licences of technology rights.
The French Competition Authority has accepted commitments from Nespresso in relation to alleged exclusionary practices concerning its coffee machines and capsules.
DLA Piper has advised German media house Burda Magazine Holding on the acquisition of Wunder Media Production, a digital marketing specialist.
As the economy improves, increased competitor activity and team or individual moves are inevitable.
Here are three of the key developments to expect in 2014.
On 21 March 2014, the European Commission adopted a revised technology transfer block exemption regulation and accompanying guidelines.
Italy’s highest administrative court has ruled that Pfizer’s use of patents and SPCs relating to Xalatan/latanoprost in Italy constituted an abuse of its dominant position.
Allen & Overy’s Antonio Bavasso will co-chair the GCR Live 3rd Annual Telecoms, Media & Technology conference at the firm’s London office on 26 June 2014.
It is fascinating to see competition law used as a tool to encourage innovation in the traditional collecting society business model.
Expansion of antitrust enforcement continues with extradition — foreign executive to face US antitrust charges download
On 4 April 2014, the Department of Justice’s Antitrust Division announced its first successful extradition of a foreign national to the US on antitrust charges.
BDK has been ranked as a tier-one firm in corporate, M&A and privatisation, competition and real estate in the 2014 edition of The Legal 500.
ICT suppliers and their public sector customers both need to take action following the publication of the results of the OFT’s market study into the sector.
We welcome the Financial System Inquiry (FSI) and the opportunity to offer detailed insights and recommendations to the inquiry via this written submission.
This briefing presents three of the key consumer law developments to expect in 2014.
The OFT finds a significant imbalance of power between ICT suppliers and public sector buyers that prevents effective competition.
A recent US case could have been designed to tick as many ‘topical’ boxes as possible, ranging over the financial sector, big data and the possibly anti-competitive use of technology.
Rather than a single new body to take on its role, the OFT’s functions have been spread between a number of different bodies, some old and some new.
As it moves into its second year as the FCA, the FCA has recently published its Business Plan for 2014–15 and its second annual Risk Outlook.
For many businesses around the world, franchising is the most efficient, profitable path to growth. Whether you are a start-up company or a mature establishment, Dentons understands the franchise industry and its diverse legal needs.
NCTM has been reorganising the leadership positions for its departments, resulting in new co-ordinators for its 12 departments, with Vittorio Noseda as the overall leader.
With the team of dedicated Dentons antitrust lawyers by your side, you are able to navigate antitrust and competition regimes with confidence.
Penningtons Manches drafts and negotiates commercial agreements of all types, and at all stages in the development and supply chain.
In a recent decision, the European Commission confirmed that investors can be found liable where they exercise ‘decisive influence’ over a company and its decisions.
On 2 April 2014, the European Commission announced that it was fining the participants in a worldwide undersea cable cartel.
Employment News — 7 April 2014: High Court to the rescue. Restrictive covenant is re-written to make it work download
The applicant employer in Prophet plc v Huggett sold specialist computer software for use in the fresh-produce industry.
The Office of Fair Trading has published its final report on its market study into the supply of information and communication technology to the public sector.
This brief summarises action taken by the competition authorities in the UK and the EU and highlights some developments due to take place in the near future.
Eversheds Saladžius is sponsoring the ‘Integrating Social Sciences into Legal Research’ conference organised by Vilnius University Faculty of Law.
Important changes to the UK’s competition law regime came into effect on 1 April 2014. This article highlights the principal changes of which businesses need to be aware.
Walker Morris has bolstered its competition team with the appointment of Shaukat Ali as a director.
We see ourselves as both your legal and business partner and work with you to ensure that litigation doesn’t become an unwelcome distraction from your daily operations.
Antitrust Matters — April 2014: state aid; cartel facilitators; Belgium’s Competition Authority; exercising patent rights; and more download
DLA Piper has released the second issue of its global competition and antitrust law newsletter Antitrust Matters.
The government of Montenegro has adopted four block exemption decrees, two in the sphere of vertical agreements and two applicable to horizontal agreements.
The new Competition and Markets Authority has taken over the roles previously performed by the OFT and the CC in relation to the UK merger control regime.
Shipping and Transportation Bulletin: circumvention of anti-dumping duties; concession fees; and more download
NCTM comments on a recent EGC judgment dealing with circumvention of anti-dumping duties, a subject that has become quite frequent in international trade.
The announcement by the Competition and Markets Authority (formerly the Competition Commission) is the culmination of a two-year investigation into the private healthcare market.
Whether you’re planning an acquisition or a sale, entering into a joint venture or considering a corporate restructure our M&A lawyers can help.
Allen & Overy has won the International Law Firm of the Year award at the second annual Law Firm of the Year competition in Slovakia.
On 28 March 2014, three new EU public procurement directives were published in the Official Journal of the European Union.
A new Competition and Markets Authority: but no new dawn for the public competition law enforcement in the UK download
With a certain amount of trumpeting, the new Competition and Markets Authority came into existence on 1 April — thus merging the OFT and the Competition Commission.
Allen & Overy has advised Old Mutual on the sale of Skandia Germany and Skandia Austria, part of Old Mutual Wealth, to a Cinven and Hannover Re acquisition vehicle.
New UK Merger Control Regime download
Widespread reforms to the UK’s competition law regime have come into force.
The new Technology Transfer Block Exemption Regulation was published on 21 March 2014.
Broadly speaking, the competition regime will continue as before with the same basic rules. However, the opportunity has been taken to reinforce the CMA’s powers.
M&A Weekly Update — need for clarity when drafting conditions to completion; new regime for consumer credit authorisation; and more download
Macfarlanes has released its M&A Weekly Update for the period 21–27 March 2014.
Data & Information E-Alerts — 28 March 2014: TPS laws for telemarketers; ICO’s corporate plan; and more download
Addleshaw Goddard has released the 28 March 2014 edition of its Data & Information E-Alerts publication.
Addleshaw Goddard has released the March 2014 edition of its InSure publication, which rounds up developments affecting the insurance industry.
Of particular interest to us UK-based competition lawyers, 31 March was the last day of trading for the UK’s Office of Fair Trading.
Sports law experts at No5 Chambers have been instructed to represent a boxing manager whose licence was recently withdrawn by the British Boxing Board of Control.
Ofgem, OFT and CMA have been have been working to assess whether the market for supply of gas and electricity to households and small firms is sufficiently competitive.
Bristows associate Sophie Lawrance has commented following the announcement of the energy sector competition investigation.
Object restrictions on the menu download
The central subject of AG Wahl’s opinion is whether the tariff arrangements of Cartes Bancaires in relation to credit cards is an agreement that restricts competition by ‘object’.
Lookalikes: a wealth of confusion… brand-owners vs own-branders | competition law vs law of unfair competition download
Lookalikes are an age-old problem as brand-owners try to protect their brands from copying or leveraging by retailers or others.
On 1 April 2014, a new and improved criminal cartel offence will be introduced in the UK by virtue of section 47 of the Enterprise and Regulatory Reform Act 2013.
Hogan Lovells has announced that it has achieved an important victory for Stansted Airport in securing the end of economic regulation at the airport.
Eversheds’ competition, EU and regulatory group was named Best Regulatory Law Firm of the Year at C5’s Women in Compliance Awards 2014.
Senior and managing partner
Pat Treacy, head of the competition practice at Bristows, has commented on the revision of the European rules governing technology licensing.
Mills & Reeve has released the March 2014 edition of its Health Legal Update, which includes information on NHS commercial, employment and patient matters.
The European Commission’s first decisions on ‘pay-for-delay’ arrangements attempt a tricky balancing of competing legal and policy objectives.
Five interesting things you might not have spotted about Case C-351/12, OSA (aka the ‘Czech Spa’ case) download
A Czech spa provided guests with music, but without having entered into a licence with the Czech collecting society, OSA.
In TruePosition Inc v LM Ericsson et al, it is claimed that member companies of 3GPP and the SSO colluded to exclude TruePosition’s technology from the 4G standard.
Slaughter and May has made up seven associates to partner in this year’s promotions round – the highest number of promotions in more than six years.
Romania: new perspective on dawn raids and leniency following criminal legislation amendments download
The entry into force in Romania on 1 February 2014 of the new criminal codes implementing laws brought important changes to certain non-criminal laws.
Our ICT practice is multidisciplinary and gathers lawyers specialised in regulatory work, competition law, IP, commercial law and data protection and privacy issues.
Our competition lawyers have specialisations from foreign universities and regularly attend international conferences and participate in professional events.
Karanovic & Nikolic hosted more than 50 participants at the annual Corporate Counsel Forum, which was held in Belgrade on 7 March 2014.
Agency for Financial, IT and Intermediary Services from Sarajevo fined for abuse of dominance download
The Competition Council of Bosnia and Herzegovina has fined the Agency for Financial, IT and Intermediary Services for abuse of dominant position in the relevant market.
The Bosnian Competition Council has issued a decision finding that IKO Balkan abused its dominant position on the relevant market in Bosnia and Herzegovina.
In December 2013, the Serbian Commission for Protection of Competition conditionally approved the takeover of Mercator by Agrokor.
The Enterprise and Regulatory Reform Act 2013 makes significant changes to the criminal cartel offence, coming into force on 1 April 2014.
Ilyashev & Partners provides its clients with a wide range of legal services on various matters of antitrust law in Ukraine and abroad.
Schoenherr’s competition practice advises clients from across all industries in merger control, anti-trust and state-aid matters on the European and national levels throughout the firm’s comprehensive network in central and eastern Europe and its office in Brussels.
Schoenherr is expanding its EU and competition practice with a reinforced and newly staffed office in Brussels, which will be headed by Volker Weiss.
Stefanie Stegbauer has been promoted to counsel at Schoenherr as of the start of February 2014. Stegbauer specialises in Austrian and European competition law.
JPM Jankovic Popovic Mitic has announced that senior lawyer Nikola Poznanovic has been made a partner in the firm as of 1 February 2014.
OFT launches a market study into residential property management services to leaseholders in England and Wales download
The OFT has launched a market study into residential property management services that will look at how the market is working for leaseholders and freeholders in England and Wales.
Eversheds partner Audrey Williams has commented on the announcement of recommendations from Charlotte Sweeney to increase the number of women on British boards.
Competition and EU partner Efthymios Bourtzalas has quit Ashurst’s Brussels outpost, just weeks after the exit of renowned partner Julian Ellison from the same group.
Opening negotiations with the EU download
Commencement of accession negotiations between Serbia and the EU was announced on 21 January.
The FFI regime has imposed a duty on the HSE to recover costs for carrying out its regulatory functions against those found to be in material breach of the health and safety laws.
Allen & Overy has been shortlisted for Antitrust/Competition Firm of the Year in the Chambers Global Awards 2014
The government is debating the proposals to the Deregulation Bill. There is one controversial clause that will introduce partial licences for insolvency practitioners.
Walker Morris regulatory team director Ray Watson provides an overview of the Competition Commission’s working paper on the profitability of payday lending companies.
Russia dominates accolades of firms that have stayed strong and imaginative
An important message to all tax planners: the European Commission’s directorate-general for competition has declared war on ‘fiscal optimisation’.
Mark Jones and David Moss of Hogan Lovells have commented following the publication of Sir Ian Wood’s ‘UKCS Maximising Recovery’ report.
Mingyue Dun was recently elected as a 2014–2015 China subcommittee member of the Anti-Counterfeiting Committee of the International Trademark Association.
Karanovic & Nikolic has been named ‘Law Firm of the Year’ for Eastern Europe and the Balkans at The Lawyer’s recent annual European Awards ceremony.
Russian powerhouse Egorov Puginsky Afanasiev & Partners triumphed at The Lawyer’s fifth European Awards last night, taking home the title of European Firm of the Year.
BT has hired a new competition general counsel from Sky following last year’s internal restructuring of BT Retail and a subsequent reorganisation of the telecoms company’s legal teams.
Litigation boutique Quinn Emanuel Urquhart & Sullivan has continued a year of international expansion with an office opening in Brussels.
Eversheds Bitans lawyers will be providing legal advice free of charge in Latvia on 10, 11 and 14 March.
Francois Barker, head of pensions at Eversheds, has commented on the UK Office of Fair Trading’s decision not to refer DC pensions to the Competition Commission.
Wierzbowski Eversheds, in conjunction with the Polish Association of Corporate Lawyers, has published a guide to key issues of competition law.
Antitrust Matters — February 2014 download
DLA Piper has published the first edition of its global competition newsletter, Antitrust Matters.
With European elections in May, the flow of new regulations from Europe is expected to slow, with the immediate focus being on fine tuning already adopted policy.
The public interest in the financial dealings of Europe’s football clubs is steadily increasing as UEFA continues to monitor spending to track compliance with its FFP rules.
JPM provides legal services relating to patent, trademark, industrial design, copyright and trade secret protection.
The firm advises on the entire range of Serbian and EC competition law matters, including merger control and clearance.
JPM handles the most sensitive and complex cases in all kinds of commercial, competition, labour and corporate disputes.
Ben Jones, tax expert at Eversheds, said that state aid rules will be an attractive route to tackling certain tax structures.
Allen & Overy (A&O) has advised Japanese carmaker Mitsubishi Motors on the reorganisation of its distribution activities in Germany.
Pharmaceutical sector update download
The latter half of 2013 proved to be an interesting period for the pharmaceutical sector from a competition law perspective.
A recent case considered whether a confidentiality agreement continued to apply after the conclusion of a further related agreement that contained no express obligation of confidentiality.
Google’s long-standing competition adviser Cleary Gottlieb Steen & Hamilton has helped the search giant avoid a fine of up to £3bn from the EU’s Competition Commission.
Giulia di Tommaso at Unilever Italy epitomises the changing face of Continental in-housers, as companies recognise the strategic value that lawyers can bring
Financial fair play for the few? download
Financial fair play (FFP) has recently been making the headlines almost as much as the action on Europe’s football pitches.
Addleshaw Goddard has released the January 2014 edition of its Corporate News publication.
Ince & Co has announced the appointment of Hugh O’Donovan, who will join the firm’s aviation group as head of commercial aviation on 21 February 2014.
Buyers of businesses are often anxious about what the sellers will do after completion of a deal.
A number of Hogan Lovells partners have been listed as All-Stars in the 2014 BTI Client Services All-Star report.
High-profile competition partner Julian Ellison has left Ashurst’s Brussels office to join Mayer Brown’s antitrust and competition team.
Criminal competition investigation into the supply of the galvanised steel tanks for water storage download
The Office of Fair Trading has announced that criminal proceedings have been started in its latest cartel offence investigation.
The European Commission has fined four producers of flexible polyurethane foam products a total of €114m for their participation in a cartel.
In the five years following the introduction of competition into retail energy markets in 1999, the number of energy suppliers fell from 15 to six.
The OFT can make such a reference if it has reasonable grounds for suspecting that competition for the supply or acquisition of goods or services is not working effectively.
Eversheds has produced a guide to the Consumer Rights Directive (CRD) that looks at how the CRD will change the laws of 15 EU countries.
Ensure your distribution agreement runs like clockwork — beware of banning exports to Switzerland download
Recent decisions by the Swiss competition authority in relation to parallel import restrictions highlight that the Swiss competition authority will not take lightly the restriction of trade into Switzerland.
Austrian firm Schoenherr is moving to staff its Brussels office full-time, after 20 years with a representative presence in Belgium.
This bi-annual China TMT report analyses some of the key developments in the TMT sector over the past few months.
This month, the Competition Commission has published its provisional decision on remedies arising from its private healthcare market investigation.
This article addresses the most significant resulting proposals and focuses in particular on new powers for the Competition Appeal Tribunal.
The harmonisation of member states’ damages laws relating to EU competition law have long been on the European Commission’s agenda.
This year promises to be another in which corporate purchasing departments work hard to keep costs down while vendors try to increase their margins.
This is the first of two articles focusing on the measures to produce and preserve evidence in three major patent jurisdictions — Germany, France and England and Wales.
On 9 December 2013, the European Commission published its report on the monitoring of patent settlements from January to December 2012.
This is the second of two articles focusing on the measures to produce and preserve evidence in three major patent jurisdictions — Germany, France and England and Wales.
The new procurement directives were approved by the European Parliament on 15 January. They will now be published in the Official Journal of the EU.
The UK Competition Appeal Tribunal has released its ruling on the applications by Eurotunnel and SCOP for review of a Competition Commission report.
DLA Piper has appointed Dr Markus Gampp to its German intellectual property and technology practice.
This is the first ruling of this type on article 5(3) in the context of antitrust damages actions and will aid the establishment of English jurisdiction for such claims.
On 15 January 2014, the new established Italian Transport Authority (ITA) — Autorità di Regolazione dei Trasporti — became operative.
Allen & Overy has advised Link Market Services in connection with the acquisition of Registrar Services, based in Frankfurt, from Deutsche Bank.
Competition in the NHS download
One of the most controversial aspects of the Lansley reforms was the drive towards applying market principles to the NHS.
This article sets out how you can ensure your company avoids falling foul of the competition rules on exchanging information in its dealings with competitors and other market players.
A simplified package — European Commission relieves the administrative burden in merger reviews download
The European Commission plans to adopt a legislative package with the aim of simplifying the merger notification procedures imposed on companies by the EU Merger Regulation.
The OFT is conducting a formal investigation into suspected anti-competitive agreements and/or practices involving businesses in the property sales and lettings sector.
Bristows has appointed partner Rosemary Choueka and announced the promotion of three associates to the partnership next May.
Hogan Lovells has announced the promotion of 29 new partners, effective 1 January 2014.
A number of reforms designed to simplify certain aspects of the EU merger control process came into effect from 1 January 2014.
DLA Piper has been recommended as a leading law firm in various practice areas by ‘50 Leading Law Firms in Ukraine 2013’.
The Groceries Code Adjudicator Act 2013 established the Groceries Code Adjudicator to enforce the Grocery Supply Code of Practice.
Lawrence Graham (LG) has lost its competition and regulation chief Rosemary Choueka to Bristows months before the firm is due to merge with Wragge & Co.
Taylor Wessing has advised PA Group on the sale of its full-service weather business, MeteoGroup, to General Atlantic.
E-commerce businesses should take a look at the discussion of MFN clauses in the Competition Commission’s Provisional Findings Report in its private motor insurance investigation.
Hogan Lovells has advised Advent International on the sale of Oxea, a global manufacturer of Oxo chemicals.
A Belgian sports agent representing a number of European footballers has launched a challenge against the legitimacy of UEFA’s Financial Fair Play Rules.
The council is understood to have agreed a ‘general approach’ and compromise wording in respect of some of the more contested aspects of the draft directive on competition claims.
Pat Treacy of Bristows has commented on competition policy and its relationship with intellectual property following a speech by EU commissioner Almunia.
Addleshaw Goddard has released the November 2013 edition of InSure. This section focuses on spotlight articles.
The Competition Commission has been concerned about the lack of competition in the audit market for some time.
ThinkHouse podcast — IP and patents, confidential information, online compliance and competition law download
This ThinkHouse podcast from Wragge & Co focuses on intellectual property and patents, confidential information, online compliance and competition law.
Limited recourse clauses questioned download
The judge’s comments call into question the impact of limited recourse provisions and bankruptcy remoteness.
Allen & Overy has announced the appointment of Peter McDonald to head the firm’s antitrust and competition practice in Australia.
The Advertising and Marketing Communication Self-Regulation Authority has ruled again on a misleading advertising dispute between Henkel and Procter & Gamble.
A King & Spalding solicitor-advocate has transferred to the bar, joining Serle Court Chambers after 15 years working for international firms.
Allen & Overy has hired partner Peter McDonald from Herbert Smith Freehills to build up the firm’s antitrust and competition practice in Australia.
Global Competition Review has launched its ‘Private Litigation Know-how’ site, which, as contributing editor, Hogan Lovells collaborated on.
Audrey Williams has commented on the recent vote by the European Parliament in favour of a directive to boost the presence of women in Europe’s boardrooms.
Regulatory risk update: online sales restrictions under scrutiny of European Antitrust Authorities download
Competition authorities in Europe are clamping down on restrictions or bans on online sales, especially sales over internet platforms such as Amazon and eBay.
The place of supply rules determine where businesses are obliged to register, collect and remit VAT due on their supplies and in which member state.
Mark Jones will be joining Hogan Lovells’ antitrust, competition and economic regulation (ACER) practice as a partner in the London office.
The EU has issued a set of rules to make sure that the way public bodies buy does not distort competition nor affect trade between member states.
For the first time since the 2003 modernisation, the Italian Antitrust Authority puts under scrutiny vertical restraints.
Dentons has boosted its presence in Istanbul with the hire of six lawyers and three economists specialising in competition.
Antitrust authorities in Europe are getting more and more rigid with regard to clauses that restrict or ban online sales.
Eversheds has advised workforce payment solutions provider FleetCor Technologies on the acquisition of Epyx, a technology solutions provider to the fleet sector, from HgCapital.
Businesses should be aware that there is more than institutional change afoot when the new Competition and Markets Authority comes in on 1 April 2014.
Antitrust agencies amend premerger notification rules to clarify reporting of acquisitions of pharmaceutical patent rights download
The new rules may cause an uptick in premerger notification filings in the pharmaceutical industry.
Paul Wootton, head of energy at Eversheds, has commented following the publication of the IEA’s World Energy Outlook report.
The Competition and Markets Authority (CMA) has appointed Norton Rose Fulbright antitrust and competition partner Michael Grenfell in a senior policy role.
Hogan Lovells has advised Astronics in relation to the acquisition of French company PGA Electronic.
Karanovic & Nikolic has hosted a panel of competition experts at the 7th Annual Focus on Competition Conference in Belgrade.
Today, amendments to the Serbian Competition Law entered into force. The key changes are related to the proceedings and statute of limitations provisions.
Hospital trusts must put in the spadework before planning a link-up, or it could be blocked
Allen & Overy has advised Husky Injection Molding Systems on its acquisition of Schöttli Group. The sale is expected to close in early December.
UK government publishes draft Consumer Rights Bill including proposed reforms to private actions in competition law download
The UK government’s BIS has published its proposals for the reform of private actions in competition law.
A number of private providers are likely to take complaints to Monitor in the near future, the chief executive officer of Ramsay Health Care UK has warned.
The Competition Commission has been conducting a market investigation into statutory audit services and has been reviewing clauses in loan agreements relating to the appointment of auditors.
On 18 October 2013, the Hungarian government presented a bill introducing significant reform to the competition law regime in Hungary.
DLA Piper has appointed Pilar Menor as the firm’s managing partner in Spain. Pilar is head partner of the employment group at DLA Piper Madrid.
The OFT is keen to understand how reform has affected the competitive landscape of the higher-education sector.
New competition authority will have to work hard to restore the reputation of the UK regime
The CC has announced that it is prohibiting the merger between The Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust and Poole Hospital NHS Foundation Trust.
Today’s update looks at the status of competition law in three countries: Brazil, Spain and Italy.
DLA Piper has advised Austrian construction company Porr on competition law matters concerning the acquisition of two Alpine subsidiaries.
New freedoms and flexibilities mean that further education providers could potentially do something that is anti-competitive and breaches UK and EU competition law.
In order to help our clients tackle competition aspects swiftly and efficiently, our lawyers are prepared to assist with the whole range of competition matters.
Spanish competition authorities impose fines of €43m for price fixing on Valencia Port Authority and others download
The Spanish Competition Commission has imposed fines of €43m on five business associations, three companies and the Valencia Port Authority for fixing prices.
The European Commission is reviewing the export control regime in the EU with an intention to create a streamlined regime to harmonise discrepancies.
It is difficult to see this batch of proposals as anything other than an attempt by the EC to introduce competition and challenge to the status quo.
The Eversheds competition, EU and regulatory group is recognised as one of Europe’s leading competition/antitrust practices.
Scottish firm Brodies has expanded its competition and regualtory team with the appointment of Norton Rose Fulbright partner Rod Lambert.
With decision no. 20228, the Italian Supreme Court stated that the diversion of employees, in order to constitute unfair competition, requires the intent to damage the competitor’s business.
Allen & Overy has advised MAX Automation in Düsseldorf on the acquisition of the AIM Group from Günther Holding in Hamburg.
European and UK competition authorities have been busy in the food and beverage sector so far this year.
Ryanair has been told to reduce its 29.8 per cent stake in Aer Lingus to just five per cent.
Binder Grösswang has advised SIX, a Swiss financial service provider and a subsidiary of the Swiss stock exchange, on the acquisition of PayLife Bank GmbH.
The court’s conclusion in favour of upholding the agreement can be seen as a further re-affirmation of the principles of freedom of contract.
50:50 joint ventures — possibility of parental liability for EU antitrust infringements confirmed download
The CJEU has confirmed that a parent company can be held liable and fined by the European Commission for the antitrust infringements of its 50:50 joint venture in the EU.
Allen & Overy has advised Hamburg-based Rickmers Group on setting up a joint venture with funds affiliated with Apollo Global Management LLC.
KWM recognised by Asian-Mena Counsel In-House Community Representing Corporate Asia & Middle East Survey 2013
King & Wood Mallesons has been named Firm of the Year 2013 in China across six practice areas.
Norton Rose Fulbright has strengthened its Brussels presence with the hire of longstanding Cleary Gottlieb Steen & Hamilton corporate and competition partner James Modrall.
Allen & Overy’s antitrust team has played an active part in the 17th annual IBA competition conference held in Florence on 13–14 September.
Tougher competition law enforcement regime in Belgium — new Belgian competition law enters into force download
On 1 September 2013, a new Belgian Competition Act entered into force. The new rules introduce significant procedural changes.
No-one expects to be handed a search warrant by a federal agent at the office, yet it is happening more frequently than ever before.
Hogan Lovells has acted for AEG in obtaining phase 2 merger control clearance from the Competition Commission for AEG Facilities’ acquisition of the contract to manage Wembley Arena.
Hogan Lovells has achieved a major victory in a trademark and unfair competition dispute for the Hard Rock Cafe Group.
Allen & Overy has announced its support of the 40th annual Fordham conference on international antitrust law and policy.
Cleary Gottlieb Steen & Hamilton has waded back into the fray for Ryanair after the airline was told to slash its stake in rival Aer Lingus to 5 per cent by the UK Competition Commission (CC).
Allen & Overy advises Borealis in relation to firm offer to acquire Total SA fertiliser business units
Allen & Overy has advised Borealis in relation to its firm offer to acquire fertiliser business units of Total SA.
The main piece of legislation concerning antitrust matters in Serbia is the Competition Law (2009). The law is modelled after EU competition law and practice.
In its Green Paper entitled ‘Preparing for a fully converged audio visual world’, the Commission gave its gloss on the famous FAPL judgment of the European Court of Justice.
Substantial reforms to the UK competition regime present an array of unanswered questions and may even be unworkable in practice, writes Stephenson Harwood partner Marta Garcia.
Following the Office of Fair Trading’s referral in late June 2013, the Competition Commission has revealed the framework for its consideration of payday lending in the UK.
A cross-practice team at Ogier in Jersey and Guernsey has been formalised to create Ogier Local Legal Services.
The Enterprise and Regulatory Reform Bill going through Parliament will merge the OFT with the Competition Commission, creating the Competition and Markets Authority.
The impact of the ECHR on competition law has mostly been confined to procedural matters; however, it has had some impact on substantive law as well and this may be set to increase.
Since 2002, airports and airlines have negotiated the terms and conditions of use of aeronautical services without any regulatory intervention or oversight.
Taylor Wessing has advised SGSB Group Ltd on its acquisition of KSL.
The Summer 2013 issue of Hogan Lovells’ quarterly Antitrust, Competition and Economic Regulation newsletter is available now.
ACCC v Bytecard Pty Ltd concerned the T&Cs in use during the period from 1 January 2011 to April 2013.
King & Wood Mallesons has advised Molybdenum Co Ltd (CMOC) on its acquisition of Rio Tinto’s 80 per cent interest in the Northparkes underground copper mine.
DLA Piper has announced that David Durham has joined the firm’s employment practice as a partner in the San Francisco office.
The Hong Kong government has announced the appointments of the president and the vice-president of the Competition Tribunal.
Last week, Apple was found by a court in the Southern District of New York to have engaged in a per se illegal horizontal price-fixing conspiracy with five of the six top national book publishers to raise the price of e-books.
The commission has issued a revised second draft of the state aid de minimis regulation, which makes amendments to the first draft and invites responses to the consultation.
Binder Grösswang advises clients on all legal aspects and issues of contractual arrangements regarding the marketing and web-related matters, product design and labelling, as well as intellectual property.
We represent our clients before Austrian and EU authorities and in cross-border cases we work with high-level foreign partner law firms within the framework of our international network.
Joint venture structures are frequently used to undertake large resources projects. A joint venture may be used to both develop a project and sell the output from a project.
Clifford Chance has hired a Italian partner dedicated to competition law with the appointment of Bonelli Erede Pappalardo partner Luciano Di Via.
We have a strong and well-regarded practice in all aspects of competition, antitrust, unfair competition and state aid.
We advise on all aspects of antitrust and competition law.
Competition Commission announces investigation into payday lending industry and invites responses from interested parties
The Competition Commission has confirmed that it is set to carry out an investigation into the market for payday lending in the UK.
On 25 June 2013, the German Federal Cartel Office (FCO) released new fining guidelines for competition law infringements.
Mergers of health insurance funds will now be subject to merger control clearance, however, the German FCO will be required to involve the competent supervisory bodies.
New German antitrust fining guidelines — less predictability and larger fines on the horizon download
The German competition authority (Bundeskartellamt) has published new guidelines for the calculation of fines for antitrust infringements.
PwC Fraud Academy chairman John Tracey joins Nick Fishwick to discuss corporate espionage and share some insights the threat posed to corporations.
Allen & Overy has revealed that some of the most prominent cartel enforcers have obtained fines totalling €507m (£432m) globally for the first half of 2013.
The European Commission has published a proposed directive on rules governing private damages actions in the EU.
Users of open-access supply chains frequently seek to collectively negotiate various arrangements between themselves and with the supply-chain operator.
The UK government has published a draft law containing provisions on private antitrust damages actions and collective redress in antitrust cases.
Allen & Overy has appointed Vanessa Turner as a partner in its global antitrust practice.
Allen & Overy (A&O) has turned to an in-house lawyer again for a senior hire, taking on Visa Europe general counsel and executive vice president Vanessa Turner as an antitrust partner in Brussels.
Hogan Lovells has advised ID Logistics on its acquisition of CEPL.
The European Commission has published its much-awaited proposals on private damages actions.
US firm McGuireWoods is expanding its Brussels competition and EU team with four lawyers, including one partner, from Squire Sanders.
Linklaters has added to its Hong Kong competition practice by hiring Baker & McKenzie partner Clara Ingen-Housz.
The EC has adopted a set of proposals in an attempt to make it easier for victims of competition law breaches to bring claims for compensation.
On 22 April 2013, the SPC released its annual press release regarding the judicial protection of intellectual property and model cases of 2012.
The CJEU has issued a judgment on the rights of potential claimants for antitrust damages to access cartel leniency documents that are held on the file of an antitrust authority.
Karanovic & Nikolic recently held an interactive workshop discussing the impending changes to the competition law in Serbia.
Allen & Overy’s antitrust partners will speak at Italy’s major annual conference on competition law and policy.
Actions for breach of confidence that aim to protect trade secrets need to prove a dishonest intent
The European Commission has conducted a consultation on proposed changes to the TTBE and accompanying guidelines.
On 6 May 2013, the ACCC released the updated draft authorisation guidelines.
Antitrust is a newly emerging legal practice area in China and Dacheng stands at the cutting edge of this field.
If the proposals for a financial transaction tax (FTT) are implemented as proposed by the European Commission, the FTT is likely to cause distortion in the financial sector.
The centre of gravity in antitrust law is shifting as we witness the globalisation of regulation and enforcement.
Supreme Court denial of certiorari leaves exclusive dealing and loyalty discount jurisprudence in flux download
The treatment of exclusive dealing and loyalty discounts is in a state of flux.
Dechert has pounced on Shearman & Sterling’s Brussels managing partner Hans Jürgen Meyer-Lindemann in a boost for its EU competition practice in both Belgium and Germany.
King & Wood Mallesons partner Larry Kwok has joined the Hong Kong Competition Commission.
The Brussels Court of Appeal has acknowledged the existence of legal professional privilege for in-house counsels who are members of the IBJ/IJE.
Albion Water Ltd has finally succeeded in obtaining at least some recompense in its struggle to compete with incumbent Welsh water monopolist Dwr Cymru.
In the final issue of its UK Regulatory Update, Taylor Wessing considers how firms will be supervised by the FCA.
For public authorities struggling with mounting challenges to tenders and stringent transparency requirements, a ruling by the Scottish Court of Session is likely provide some relief.
Six new partners are among 22 promotions at Shoosmiths. The partners are joined in the law firm’s 2013 round by 16 new senior associates.
Hogan Lovells has advised Arris on its $2bn purchase of Google’s Motorola Home unit
King & Wood Mallesons’ competition team has won two awards at the Global Competition Review Awards 2013.
On 25 March 2013 the Italian Antitrust Authority published an updated version of the Antitrust Leniency Notice.
In the penultimate issue of its step-by-step guides to the new regulatory landscape, Taylor Wessing looks at what dual-regulated firms can expect from their new prudential regulator, the PRA.
On 27 March 2013, the European Commission published for consultation a proposal to simplify and limit the burden associated with merger control filings to the commission.
Comparative advertising in the UAE.
The Tesco price promise that hit the news recently has come in for criticism from industry analysts and competitors.
The European Commission is to allow the guidelines on the application of its treaty to maritime transport services (2008/C 245/02) to lapse.
PwC considers ways of developing a bespoke response to these risks, to help tailor mitigations and monitoring to match your company’s particular competition risk profile.
Given the increasing levels of regulatory focus and private litigation, we believe that companies are not investing sufficient resources into their competition risk compliance activities.
Hogan Lovells hosts grand final of Mosaic APAX Enterprise Challenge 2013.
Issue 5 of Taylor Wessing’s UK Regulatory Update considers the implications of two significant changes to the level and scope of regulation following legal cut-over.
For the first time, the Montenegrin competition authority has regulated fees for its activities and services.
On 8 October 2012, Montenegro adopted a new competition law. Karanovic & Nikolic has interviewed the director of the Competition Agency, Miodrag Vujovic, about the law.
The March 2013 edition of the Hogan Lovells Africa Newsletter is now available.
On 8 May China’s Supreme People’s Court issued its Rules on the Application of Laws for Adjudicating Civil Disputes Arising From Monopolistic Conduct.
Hogan Lovells has successfully acted for the German FCO in a €1.1bn liability charges claim brought by GN Store Nord.
On 30 and 31 January 2013, the Chinese State Administration for Industry and Commerce (SAIC) posted a press release and a brief question-and-answer protocol (Q&A) on its website to inform of a recent enforcement action.
On 19 December 2012, the Court of Justice of the European Union (CJEU) handed down its long-anticipated judgment in the ONEL/OMEL case.
Mishcon de Reya has launched a competition practice after hiring partners from US firm Crowell & Moring and DLA Piper.
NCTM is one of the most authoritative law firms in Italy on competition matters. It brings together a mix of hard-nosed practical legal advice with academic theory and experience.
With the Eurozone crisis continuing to dominate the headlines of every news outlet across the EU-27 and globally, you can’t help but feel a sense of almost panic and despair in Brussels over how to cure the many issues that remain in the Eurozone crisis.
UK Regulatory Update — Issue 4 considers the new role of the FCA as a competition watchdog (as we shall see, of sorts).
NDRC’s Guizhou and Sichuan offices have imposed fines of RMB247m and RMB 202m on Chinese white liquor (‘baijiu’) makers Maotai and Wuliangye respectively.
The Montenegrin Competition Agency is planning to complete the legal framework for the 2012 Competition Law.
Winston & Strawn is set to launch in Brussels off the back of last year’s hires from collapsed Dewey & LeBoeuf (10 May 2012).
Walker Morris has released its In Brief publication for March 2013.
The European Commission has launched a consultation on its proposal for revisions to the Technology Transfer Block Exemption and the Technology Transfer Guidelines.
The OFT has referred the proposed all-share merger of AG Barr and Britvic to the Competition Commission for further consideration.
It is unsurprising that the case of 2 Travel Group plc (in Liquidation) v Cardiff City Transport Services Ltd has been widely reported.
In a unanimous decision for the Federal Trade Commission (FTC), the Supreme Court found that the state action immunity doctrine does not shield Phoebe Putney Health System’s acquisition of Palmyra Park Hospital from antitrust scrutiny.
The Australian Competition and Consumer Commission (ACCC) has released its new Compliance and Enforcement Policy.
Bowman Gilfillan is a leader in the field of competition law and has been consistently included in the GCR 100.
The Competition Commission for the COMESA region is now operational and has started receiving merger notifications.
The Office of Fair Trading (OFT) has announced fines of £2.6m for Mercedes-Benz and three of its commercial vehicle dealers.
Our EU & Competition Law team has developed a wide practice in European law in relation to which it advises a broad range of clients at domestic and international level.
Our antitrust team provides legal advice on merger control, cartels and abuse of dominant positions, restrictive practices and agreements and compliance.
Walker Morris has announced further senior appointments to its expanding regulatory and competition team. Ray Watson was recently appointed as a director in the regulatory team, while Trudy Feaster-Gee has joined the team as a partner.
Walker Morris has added its second regulatory specialist in six months, hiring Trudy Feaster-Gee as a partner from Lloyds Banking Group
We assist our clients in securing approvals from the competent regulating authorities for mergers, acquisitions and joint ventures.
Clearwell enables CMS Derks Star Busmann to prevent the inadvertent disclosure of non-relevant data and to meet the NMa regulatory deadline for its clients’ privileged review.
COMESA — pan-African merger control download
On 14 January 2013, the COMESA became operational, creating a new supranational merger control regime in Africa.
We advise on all aspects of competition law, with a focus on merger control, abuse of dominant market position, distribution systems and cartel investigations. We also advise across all regulated industry sectors on a broad range of matters.
The Curtis antitrust/competition law practice represents clients that operate across the world and in a wide variety of industries
Mayer Brown is recognised as a leading antitrust practice by Chambers & Partners, Legal 500 and Global Competition Review.
Leading corporates come to King & Wood Mallesons’ competition team for our record of success in resolving complex competition issues.
While in most M&A transactions it is standard practice for a Purchaser to insist on non-compete and non-solicitation restrictions from the Vendor, one does need to ensure they are drafting within what is deemed permissible to ensure they are enforceable and avoid risk fines under EU competition law.
Our team provides expert advice on EU/competition matters and disputes across a broad range of sectors.
The Department of Justice has filed a civil antitrust lawsuit challenging the $20 billion proposed acquisition by Anheuser-Bush InBev of the remaining 50 per cent interest in Grupo Modelo S.A.B. de C.V.
An update on MiFID II and MiFIR download
The European Commission proposals for a revised Markets in Financial Instruments Directive (“MiFID II”) and new Markets in Financial Instruments Regulation (“MiFIR”) are now in the advanced stages of debate amongst European legislators.
In January 2013, the Croatian Competition Agency, for the second time in its practice of imposing direct fines, fined four private companies involved in a cartel agreement.
Our Competition & Regulatory team comprises lawyers across our European network, all with experience in acting for clients dealing with competition or regulatory authority investigations and litigation, as well as compliance issues.
2013 is likely to see a continued commitment to efficient and pragmatic enforcement, but also an EU Commission and an EU Commissioner increasingly willing to court controversy in key strategic markets.
Our Competition, EU and Trade practice covers every aspect of competition law, from mergers and acquisitions, cartels and anti-competitive behaviour to compliance programmes and competition law audits, sector inquiries, distribution arrangements and pricing systems.
Our EU and competition law team is well regarded for offering clear and commercially astute advice on the full range of competition law-related matters.
Karanovic & Nikolic offers a complete range of competition-law-related services across the jurisdictions of Bosnia and Herzegovina, Croatia, Macedonia, Montenegro and Serbia.
The High Court has confirmed that so-called ‘follow on’ damages actions brought under section 47A of the Competition Act 1998 may be based on the tort of conspiracy to use unlawful means.
A command of international antitrust and EU competition rules is an essential element of any successful business strategy in today’s global economy.
OFT investigation into suspected anti-competitive conduct in the construction training services sector may have trade association focus.
Through our network of international offices, our EU, Competition and Regulatory International Practice Group is able to provide clients with a comprehensive and integrated service.
Developments in French law, including changes in legislation and regulatory regimes, the Frech civil procedure and anti-corruption efforts.
The National Development and Reform Commission has started 2013 with a bang.
The alternative investment funds industry is shortly to be subject to European authorisation and conduct of business requirements for the first time.
US announces new thresholds for merger control notifications and unlawful interlocking directorates download
The US has announced new thresholds for merger control notifications (Hart-Scott-Rodino) and unlawful interlocking directorates (section 8).
China antitrust review 2012 download
Looking back at 2012, four years after China implemented its Anti-Monopoly Law, we can discern some important ways in which China’s antitrust regime today both mirrors and departs from antitrust regimes in other jurisdictions to which our clients are subject.
New competition law in the UAE download
On 23 February 2013 the Law concerning regulation of competition will come into force in the UAE regulating specifically competition in the form of restrictive agreements, the abuse of dominant position and economic concentration.
Following a nine-month consultation process, the UK government has announced proposals for far-reaching changes to the mechanisms for seeking redress in antitrust actions.
In a speech delivered at the College of Europe in Bruges on 14 January 2013, Joaquín Almunia, Vice-President of the European Commission, and Commissioner responsible for Competition, stated that the Commission hopes to settle around half of its outstanding cartel investigations in 2013, using the settlement procedure instituted in July 2008.
Changes to Hong Kong’s false market avoidance regime impact issuers and guarantors of listed debt securities download
Details of changes to Hong Kong’s false market avoidance regime, and their impact on issuers and guarantors of listed debt securities
After years of consultation and debate, and in the face of continuing opposition from many business sector representatives, Hong Kong is finally on the verge of enacting its first cross-sector competition law.
As the European financial crisis continues to evolve, serious concerns have emerged about the possibility of Greece, and potentially other countries, exiting the eurozone.
An overview of the legal ramifications of the EU’s Model Leniency Programme for businesses.
The Office of Fair Trading’s (OFT) review of a merger between two NHS Foundation Trusts is the first of its kind.
The Office of Fair Trading (OFT) is increasing the stakes for breaching competition law with harsher penalties.
In two recent judgments, the European General Court (the General Court) has provided insight into the vexed question of just how far a competition authority can go when it carries out a “dawn raid”.
An employee who wishes to compete with your business can obtain unfair competitive advantage. The so-called “springboard injunction” can come to your rescue.
The star of Slaughter and May partner Claire Jeffs, who first made an appearance in the 2005 Hot 100 as a senior associate, continues to rise in the competition arena.
On 14 December 2012, the Administrative Council for Economic Defense, Brazil’s competition authority, proposed a regulation that improves the settlement procedure for companies involved in cartel activity that fail to qualify for amnesty.
The Alternative Investment Fund Managers Directive (the Directive) aims to create a harmonised European regulatory framework for managers of alternative investment funds (AIF).
On 23 October 2012, the United Arab Emirates enacted its Federal Competition Law (Federal Law No. (4) of 2012), which laid down new rules on anti-competitive agreements, merger control and abuse of dominance.
In the current environment and in the wake of Dodd-Frank (and, before that, TARP) mandated rules requiring shareholder advisory votes on executive compensation, shareholder-plaintiffs have more aggressively challenged executive compensation decisions.
Release of confidential cartel information by European Commission to English High Court suspended download
On 29 November 2012, the EU General Court issued a provisional order suspending the European Commission’s decision to communicate to the High Court of England and Wales a copy of Alstom’s reply to the statement of objections in the gas insulated switchgear cartel.
Ashurst has added Italian antitrust veteran Denis Fosselard as a new partner in its European competition team.
Allen & Overy (A&O), Baker & McKenzie and Freshfields Bruckhaus Deringer have advised as the proposed €5.2bn (£4.2bn) takeover by UPS of Dutch delivery group TNT Express collapses after failing to get past the European Commission (EC).
Competition law must “get real, get simple, get credible” according to one of the newly elected chairmen of the Competition Appeal Tribunal.
ACCC takes enforcement action against manufacturers of car parts for alleged cartel conduct download
The latest Australian Competition and Consumer Commission (ACCC) cartel enforcement action involves the institution of civil proceedings in the Federal Court in Adelaide against Japanese company Yazaki Corporation.
The former chairman of the Competition Commission is to leave US firm Cleary Gottlieb Steen & Hamilton to take up the post of chairman at the Competition Appeal Tribunal (CAT) as the judicial body appoints four to the panel of chairmen.
Competition compliance is an important issue, and companies can take positive steps to mitigate the competition risks they and their employees face.
Recently China’s National Development and Reform Commission imposed an RMB353 million (USD 56.7 million) penalty against an international price-fixing cartel of LCD manufacturers, the largest the NDRC has ever imposed for antitrust infringement.
RPC has won a three-way pitch to advise Ofcom on the bidding process for the auction of 4G mobile broadband bandwidth.
On 19 December 2012, the European Commission published its proposed delegated regulation on exemptions, general operating conditions, depositaries, leverage, transparency and supervision under Directive 2011/61 on alternative investment fund managers.
On 11 December 2012, the European Parliament approved three measures collectively known as the EU Unitary Patent Package.
The past year marked record-level global criminal competition law enforcement. The level of fines imposed continued its upward trajectory, with authorities in the US, Europe, China, and India imposing record sanctions.
On 12 December 2012, the European Commission published an Action Plan with initiatives it intends to undertake in 2013 in the fields of EU company law and corporate governance.
The heart of a marketing authorisation application is the pre-clinical and clinical data that proves the drug’s safety and efficacy.
The network of European antitrust regulators, the European Competition Network, has revised its model leniency programme for cartels.
Freshfields Bruckhaus Deringer has secured a partial victory for grocery giant Tesco in a long-running OFT dairy price-fixing case.
The European Commission (EC) recently fined seven international company groups with a total fine of around €1.47bn for two distinct cartels related to cathode ray tubes (CRTs) used in colour television sets and computer monitors.
The Court of Appeal (CoA) has cleared the way for the Competition Commission (CC) to continue its investigation into Ryanair’s minority stake in rival airline Aer Lingus.
On 5 December 2012, the EU Commission issued an important package of proposals to amend Council Regulation 659/1999 governing State aid procedure and Council Regulation 994/982, which allows the Commission to exempt certain categories of State aid from the requirement of prior notification.
The United Arab Emirates federal government has issued the long anticipated Federal Law No. 4 of 2012 on the Regulation of Competition.
Polish legislators have confirmed their commitment to change significantly the provisions of the Polish Competition Act.
On 6 December 2012, the EU Court of Justice dismissed AstraZeneca’s appeal of the General Court’s judgment in AstraZeneca v Commission.
On 14 November, the EU General Court ruled that the European Commission had been too broad when setting out its mandate for the carrying out of dawn raids at the offices of companies in France and Italy.
SJ Berwin has moved to bulk up its contentious competition practice with the hire of Ofcom head of legal Sarah Turnbull and Berwin Leighton Paisner (BLP) partner Elaine Whiteford.
Asian Competition Report — Q3 2012 download
An overview of developments in competition law in Asia, covering China, India, Singapore and South Korea.
Recent cartel developments in the UK download
This Alert summarises two significant recent developments in UK cartel law.
On 6 November 2012, the Court of Justice of the European Union ruled that the European Commission was entitled to represent the European Union in an action for damages before national courts.
Major new enforcement action in the People’s Republic of China shows both the continuing crackdown on price-fixing cartels and an increased level of awareness about the prohibitions.
As the scrutiny and enforcement system is streamlined, antitrust regulation is at the top of many companies’ agendasSponsored by Hobs Legal Docs
On 15 October 2012, the Council of the European Union (EU Council) adopted new sanctions against Iran and Syria.
On 15 October 2012, the Council of the European Union adopted Council Decision 2012/635/CFSP amending Decision 2010/413/CFSP2 concerning restrictive practices against Iran.
Competition lawyers have given a cautious welcome to new OFT decision-making procedures.
On 20 September 2012, European Commission officials concluded a Memorandum of Understanding (MoU) with Chinese officials in respect of antitrust law.
Freshfields Bruckhaus Deringer and Willkie Farr & Gallagher have successfully argued a reduction in the fines handed down to energy companies E.ON Ruhrgas and GDF Suez by the European Commission for alleged market sharing.
Antitrust Alert: UK’s OFT issues new guidelines on penalties for competition law violations download
The UK Office of Fair Trading has published new guidelines on how it will set fines for competition law violations.
China’s Anti-Monopoly Law celebrated its fourth anniversary in August 2012. Given the importance of the Chinese economy and the increase in antitrust enforcement in that country, the AML should rank high on in-house counsels’ radar screens.
Competition lawyers are worth their weight in gold.
Boutique IP firm Powell Gilbert has secured patent validation for its client Human Genome Science (HGS) after six years of litigation.
Eversheds has raided SJ Berwin for competition partner Lesley Farrell in a boost for the firm’s EU, competition and regulatory group.
US firm Baker Botts has become the latest firm to launch a Brussels office focusing on competition work, with the hire of Hogan Lovells’ local office head Catriona Hatton and Dutch competition specialist Paul Lugard.
The European Commission has made clear that it is pursuing a broader policy objective of ensuring swift finality to cases in dynamic markets through settlements and commitments.
Cleary Gottlieb Steen & Hamilton is advising Ryanair on talks with Virgin Atlantic about the sale of sought-after Heathrow slots.
On 3 July 2012, the Court of Justice of the European Union released its much-anticipated ruling in UsedSoft GmbH v Oracle International Corp.
Political agreement was reached at the June 2012 European Council meeting on what had been termed as the last remaining issue on Europe’s new patent system — the location of the Central Division for the Unified Patent Court.
The UK Competition Appeal Tribunal has awarded compensatory and exemplary damages to the victim of an abuse of a dominant position.
Competition lawyers from Addleshaw Goddard and Burges Salmon have fought out a score draw in the ‘Cardiff bus wars’ case.
On 15 June 2012, and after a considerable delay, Regulation 388/2012 amending Annex I of the EU Dual-Use Regulation (the EU Dual-Use List) came into force.
The European Court of Justice recently handed down a significant decision holding that the Tomra Group had abused its dominant position through the use of exclusionary strategies in the European Economic Area.
EU commission ends antitrust proceeding after Areva and Siemens agree to limit scope of non-compete and confidentiality obligations download
On 18 June 2012, the European Commission announced its decision to accept commitments offered by Areva SA and Siemens AG limiting the scope and duration of non-compete and confidentiality obligations agreed to in the context of a nuclear technologies joint venture.
On 1 July 2012, the Office of Fair Trading will implement its powers under the Groceries Market Investigation (Controlled Land) Order 2010 to assess the competitive impact of land agreements entered into by certain larger supermarkets.
Transparency International issues UK Bribery Act guidance on mergers, acquisitions and investments download
As a consequence of the entry into force of the Bribery Act 2010 on 1 July 2011, for the first time, anti-bribery due diligence has become a necessity for companies undertaking mergers, acquisitions and investments.
Ryanair could be forced to sell its stake in a rival airline after Monckton Chambers silk Daniel Beard won a long-running case for the OFT.
Nabarro competition lawyers are bidding to force the OFT to launch an inquiry into whether cover price rises are putting people off buying newspapers and magazines.
China’s Supreme People’s Court finalised and issued the “Relevant Issues Concerning the Application of Law in the Trial of Civil Monopoly Dispute Cases” on 8 May 2012.
UK publishes consultation to promote private sector challenges to anti-competitive practices download
On 24 April 2012, the UK government published a consultation paper on methods to promote private sector challenges to anti-competitive practices in the UK.
A Competition Appeal Tribunal (CAT) hearing is underway to decide whether Tesco must pay a £10m OFT fine for fixing the price of cheese.
The OFT has given its backing to an NHS dental merger that gifted roles to a raft of UK firms.
The UK’s Department for Business, Innovation and Skills is seeking views on how to boost antitrust damages actions.
A team of lawyers from Slaughter and May has successfully convinced the OFT to halve a price-fixing fine imposed on British Airways (BA).
Monckton Chambers has added Allen & Overy competition lawyer Alison Berridge in a move to strengthen the set’s merger control group.
The OFT has announced a string of proposals that it hopes will make its decision-making more robust.
Blackstone Chambers’ Dinah Rose QC has helped Tesco rebut an OFT request for cheese-pricing information in the build up to a major appeal.
Morgan Lewis & Bockius is leading Deutsche Boerse’s appeal into the European Commission’s (EC) decision to block its proposed merger with NYSE Euronext.
In March 2011, the UK Government Department for Business, Innovation and Skills (BIS) issued a consultation entitled A competition regime for growth.
Antitrust lawyers have given a cautious welcome to the creation of a single super-regulatory competition body that will crack down on cartels.
New European regulation clarifies the status of extra-European bilateral investment treaties download
On 12 December 2012, the European Union issued a Regulation establishing transitional arrangements for bilateral investment treaties between Member States and third countries.
Herbert Smith has lost a Competition Appeal Tribunal (CAT) case for BAA after it failed to reverse a Competition Commission decision that forced the airport authority to sell Stansted Airport.
Salans has turned to Baker & McKenzie for the hire of a new competition head in Moscow.
The Competition Appeal Tribunal (CAT) has set aside fines totalling more than £200m levied by the Office of Fair Trading against tobacco manufacturers and retailers for alleged antitrust activity.
Slaughter and May and Macfarlanes have secured competition clearance for the takeover of Chi-X Europe by US exchange BATS Global Markets after originally winning corporate roles on the deal.
Hunton & Williams has lost a team of lawyers headed by its Brussels managing partner to technology powerhouse Wilson Sonsini Goodrich & Rosati, as the West Coast firm opens its first office in Europe.
Betfred has turned to Freshfields Bruckhaus Deringer’s competition team as the Office of Fair Trading (OFT) considers referring the bookmaker’s £265m acquisition of the Horserace Totalisator Board (the Tote) to the Competition Commission (CC).
Freshfields Bruckhaus Deringer has been instructed to advise Tesco as the retailer fights a fine of £10m imposed by the Office of Fair Trading (OFT) over alleged price-fixing.
SJ Berwin has persuaded its EU and competition head Stephen Kon to stay at the firm after he handed in his resignation last month to join Milbank Tweed Hadley & McCloy.
Competition lawyers advising News Corp on its bid for BSkyB have taken a blow after Rupert Murdoch’s media giant pulled its bid.
Linklaters has made two new leadership appointments for its competition practice.
Herbert Smith has added a Goodwin Procter partner to its Hong Kong team as a senior consultant quits the firm to join Clifford Chance.
Blackstone Chambers’ Pushpinder Saini QC has won a major dispute on behalf of Ofcom after the Competition Appeal Tribunal (CAT) ruled that Ofcom held jurisdiction to resolve telecoms providers’ disputes over British Telecom’s (BT) regulated prices.
The Competition Appeal Tribunal (CAT) has ordered the OFT to reduce fines imposed against six construction companies found to have breached price-fixing rules.
Baker Botts has hired 32 antitrust lawyers from Howrey, the US firm that this week voted to dissolve.
Allen & Overy (A&O) and Hogan Lovells have helped Rupert Murdoch’s News Corporation as its bid to take over satellite broadcaster BSkyB got the green light from the UK Government.
Shearman & Sterling has hired five partners and around a dozen associates from Howrey’s Brussels office, including former head Trevor Soames.
K&L Gates has opened an office in Brussels with the hire of two partners from McDermott Will & Emery.
Howrey’s Brussels head and global antitrust co-chair Trevor Soames has become the latest partner to quit the firm.
Howrey competition specialist Damien Geradin has become the latest partner to leave the firm after joining the Brussels office of US outfit Covington & Burling.
Cleary Gottlieb Steen & Hamilton has boosted its London office with the hire of the deputy director of competition policy at the Office of Fair Trading (OFT).
OFT fights back against threat of extinction with mixed results.
Swedish firm Vinge has boosted its Brussels office with a competition lawyer from Howrey, two months after four partners left the US firm’s Belgium base.
Clifford Chance has shaken up its global competition group following this summer’s departure of practice head Simon Baxter by creating dual leadership positions.
Clifford Chance competition lawyer Tony Reeves has been elected as the firm’s new Brussels managing partner.
Freshfields Bruckhaus Deringer has unveiled the new co-heads of its global antitrust, competition and trade (ACT) practice.
Allen & Overy (A&O) has boosted its fledgling Australia practice with the hire of a competition partner from local firm Mallesons Stephen Jacques.
CLIFFORD Chance has lost the global head of its European competition and regulation group, with partner Simon Baxter defecting to US firm Skadden.
Hogan Lovells has made its first lateral hires since its merger went live on 1 May.
SJ Berwin has lost its German head of EU and competition after Milbank Tweed Hadley & McCloy swooped for Alexander Rinne to launch its own European antitrust practice.
Mayer Brown has launched a competition and distribution practice in Paris with the hire of a new practice head.
Magic circle firm’s ACT dept refuses to play second fiddle to corporate. By Gavriel Hollander
Covington & Burling has benefited from an unresolved conflict of interest to hire one of the best-known competition lawyers in Brussels.
Gibson Dunn & Crutcher’s Brussels office has beefed up its antitrust practice with the hire of a Mayer Brown partner.
Salans has raided Mayer Brown to launch a new Brussels office with seven lawyers moving from the US firm’s local office.
Brussels lobbying firm Alber & Geiger has added to its ranks with a lawyer from EU law firm Kemmler Rapp Böhlke.
US firm Cleary Gottlieb Steen & Hamilton has lost two London-based partners with capital markets partner Ashar Qureshi and competition partner Shaun Goodman both leaving the firm.
Linklaters’ Paris office has scored a victory in the French Court of Appeal, acting for three subsidiaries of steel giant ArcelorMittal to reduce the fine the company received for acting in a cartel by almost 90 per cent.
Greenberg Traurig Maher (GTM) has been instructed by Bristol Water on its pricing battle with water regulator Ofwat.
K&L Gates has hired the founder of McDermott Will & Emery’s competition practice Scott Megregian as a partner in its London office.
Clifford Chance competition partner Thomas Vinje has claimed victory for client Oracle at the European Competition Commission after clearing the way for its purchase of Sun Microsystems.
The European Commission has ended its antitrust case against Microsoft after the software developer agreed to market other web browsers, signalling victory for the complainants and advisers Cleary Gottlieb Steen & Hamilton and Clifford Chance.
Airport operator BAA has turned to Brick Court Chambers silks Nicholas Green and Mark Hoskins as it appeals a Competition Commission ruling that it claims effectively forced it to sell three of its airports. The airports include Gatwick, which was sold for £1.5bn last week to Global Infrastructure Partners.
Litigation boutique Stewarts Law is to launch an antitrust litigation practice after poaching Eversheds litigator Jonathan Sinclair.
US-style class actions have been avoided… for the time being, says Kit Chellel
With the hire of a competition team from Clifford Chance last month, US IP and antitrust firm Howrey has moved to bring its Paris office more in line with the rest of its global offering.
An EU draft directive on competition law that could have brought an influx of US-style class actions to the UK has been withdrawn.
Freshfields Bruckhaus Deringer competition partners Jon Lawrence and Jenny Connolly are advising recruitment agency Hays on a possible appeal of a £30m fine imposed by the Office of Fair Trading (OFT).
Shearman & Sterling has relocated a four-lawyer team from Düsseldorf to Brussels in a bid to rebuild its competition practice there.
Competition teams at Clifford Chance and Norton Rose are striving to make a tie-up between Orange UK and T-Mobile UK work as their European parents try to create the UK’s largest mobile phone operator.
Shearman & Sterling’s European network has been hit by the defection of two Brussels antitrust partners to Arnold & Porter.
Mayer Brown has promoted partner Gillian Sproul to head of competition and antitrust in its London office.
News Corporation has appointed Andrea Appella in the newly-created role of director of legal, competition and regulatory affairs for Europe and Asia.
The former head of legal at technology and engineering company GKN has been appointed to the Competition Commission’s strategic management board.
Given the regulator’s reluctance to split up Sky, will the government realise that competition law is not fit for purpose, if the purpose is changingSky’s behaviour to make life easier for its rivals?
Slaughter and May’s head of competition Malcolm Nicholson has left the firm to join the Competition Commission.
Ashurst’s former corporate head Roger Finbow has joined the Competition Commission as a reporting panel member along with Linklaters partner Tony Morris.
Nabarro has secured a Court of Appeal judgment dismissing claims that the Coal Authority acted in an anticompetitive manner.
The Competition Commission signalled its intention to force a break-up of the near monopoly BAA operates in the supply of airport services in the UK.
Clifford Chance has convinced the Competition Commission to allow terrestrial broadcast transmission companies Macquarie UK Broadcast Ventures and National Grid Wireless Group to merge.
Cohen Millstein Hausfeld & Toll has reached a settlement in a US price fixing class action brought against British Airways (BA) and Virgin Atlantic. The agreement could see thousands of air passengers receive compensation from the airlines.
US Class action law firm Cohen Milstein Hausfeld & Toll has given up on its ambition to make the supermarkets and dairies price-fixing case its first collective action in the UK.
The Office of Fair Trading's (OFT) High Court test case about "unfair" bank overdraft charges has got underway.
The Office of Fair Trading (OFT) could bring its first criminal cartel prosecution after three British oil industry executives were found guilty of price-fixing by a US court.
The first representative action brought by consumer group Which? has been stayed at the Competition Appeal Tribunal (CAT), with the two parties locked in settlement negotiations.
Supermarket mega-chains Asda, J Sainsbury and Safeway have pleaded guilty to fixing milk and dairy prices following a probe by the Office of Fair Trading (OFT). The trio will have to pay a total of £116m in fines.
The Office of Fair Trading (OFT) will today (26 November) put its recommendations to the government to encourage private competition actions.
The Competition Commission has found that Tesco does not stifle competition, according to its provisional findings published today (31 October) after an 18-month investigation into the UK groceries market.
The European Commission (EC) has approved the mega-merger between Japan’s Sony and Germany’s Bertelsmann for the second time in three years.
The OFT yesterday (24 September) promised to push through measures that would make it easier for individuals and smaller businesses to seek compensation from anti-competitive groups.
Competition lawyers are predicting that Europe’s competition regulators will pursue abuse of dominance cases with renewed vigour now that Microsoft’s record fine has been upheld by Europe’s Court of First Instance (CFI).
The Office of Fair Trading (OFT) today has accused the UK's major supermarkets and dairies of price-fixing.
The European Union’s Court of First Instance (CFI) has backed Microsoft’s record €497m (£338m) fine from 2004 in a landmark antitrust decision that is a boon to Europe’s competition regulator.
Bevan Brittan victory ensures increased Ofgem accountability" /Bevan Brittan has scored a Competition Commission victory against Ofgem that will force the regulator to justify fully any decisions that modify energy industry codes.
DLA Piper's regulatory team has succeeded in having an EU ban on Pakistan International Airways (PIA) partially lifted after just three months.
The Office of Fair Trading (OFT) is stepping up its scrutiny of the retail banking sector with the announcement today (26 April) of a market study into current account charges.
The Office of Fair Trading (OFT) has issued proposals that could make private competition cases the norm.
Allen & Overy (A&O) has clawed back its relationship with high street giant and takeover target Alliance-Boots, advising it on the Office of Fair Trading's (OFT) investigation into medicine distribution, which was announced on 4 April.
An alliance of three global business organisations has called for widespread changes to the EU’s proposed directive on unfair commercial practices, saying the current draft “undermines legal certainty and confidence in cross-border trade”.
Following November’s landmark European Court of Justice (ECJ) judgment, the British Horseracing Board (BHB) has ordered an urgent review of horseracing funding, with Olswang partner David Zeffman selected to the four-person panel.
The Working Time Directive has failed to curb the UK’s long-hours culture. Rebecca Harding-Hill on the European Commission’s plans to restrict the opt-out clause
Since New Labour was elected, the Home Office legal team has been under pressure. Legal head David Seymour talks to Brendan Malkin about effective housekeeping
A major step towards stamping out inequalities in global trade has been taken with the establishment of a panel of European and US law firms to represent developing countries in World Trade Organisation (WTO) disputes.
From 11-13 November, more than 200 delegates, including 120 in-house heads of legal, gathered in Rome for The Lawyer’s fifth annual conference, held this year in association with Lexis Nexis. Here we review five of the fifteen key sessions that took place
SJ Berwin has succeeded where Allen & Overy did not and won a landmark case on database rights before the European Court of Justice (ECJ).
The European Commission has launched a public consultation exercise on plans to create an EU watchdog, ensuring that all significant legal rights available to EU citizens are respected. The Fundamental Rights Agency would replace the Vienna-based EU Monitoring Centre on Racism and Xenophobia. EU government heads have already approved the idea in principle, but decisions need to be made on the work it would carry out. Brussels wants to ask legal experts about its possible powers: whether ...
THE EU Council of Ministers has created a new judicial body which will hear disputes between the EU’s institutions, its officials and other staff.
After thirty years on the drawing board, a true pan-European company is now possible
The Likelihood that Italy’s nominee as the new EU Commissioner for Justice, Freedom and Security will take up his post has become extremely unlikely, with the European Parliament forcing a withdrawal of the entire new European Commission, which was due to start work on 1 November.
DLA senior partner Roger Lane-Smith failed to record a meeting in which the chairman of JJB Sports Dave Whelan was found to have rigged the price of football shirts with his competitors, David Hughes of all:sports and Mike Ashley of Sports Soccer.
Former top dog Linklaters drops to second as CC storms ahead; US firms make good showing with eleven in top twenty
Regulator jubilant as CAT rubber-stamps fines imposed on JJB and all:sports. By Helen Power
As epic antitrust case reaches court, Smith calls for more objectivity in Brussels
Gibson Dunn & Crutcher lawyers Peter Alexiadis and Miranda Cole were last week (28 September) celebrating a moral victory for MCI, a client they brought with them from former firm
The Romanian government will inaugurate the country’s first specialised commercial court on 1 October as part of a process to match its legal system with the EU’s.
Herbert Smith has hired Coudert Brothers competition specialist Dominique Brault for its Paris office.
Mrs Tulkinghorn was in turn astounded and then relieved by the latest news flying from Coudert Bros.
Ashurst has secured its first instruction from Terra Firma thanks to a conflict at Linklaters, advising the private equity house on the separate auctions of the UCI and Odeon cinema chains.
International competition law and trade practices firm Stanbrook & Hooper has re-appointed a former partner of the firm to boost is competition and intellectual property expertise.
An EU law expert will next week tell trade unions that the government’s attempts to avoid the effect of the European constitution on employment legislation have failed.
Simmons & Simmons has lost a fifth partner in a month, with US-qualified Christopher Lewis quitting for Thacher Proffitt & Wood.
Competition lawyers have welcomed the appointment of the Dutch “Iron Lady” to the post of EU Competition Commissioner, where insiders think she will tackle the political hot potato of state aid.
In our article of 9 August 2004 about Merriman White, we reported that the firm was closed for business. We understand however that the firm has been taken over by two new partners: Andrew Crossley and Dominic Murphy, who have bought the practice from its former partners. Merriman White acts for the majority of its predecessor’s clients and employs the vast majority of its support staff and fee-earners and, as before, will be a specialist practice in its core areas of commercial and ...
City firm Dawsons has boosted its corporate department with the promotion to partner of Ute Mueller. Mueller, who qualified in Germany in 1997 and joined the firm three years ago, specialises in international law.
A partner in Jones Day’s Washington practice was this week sworn in as chairwoman of the Federal Trade Commission.Antitrust specialist Deborah Platt Majoras, was nominated for the post by President George W. Bush in May and appointed last month.Majoras served as deputy assistant attorney general and principal deputy at the US Department of Justice’s Antitrust Division.
Australia’s Arnold Bloch Leibler has appointed the former chairman of the Australian Competition Commission (ACCC) as a consultant to its trade practices group.
Simmons & Simmons competition partner Clare Potter is leaving to join the Competition Commission, where the firm’s former head of competition, Peter Freeman, is deputy chair.
West Midlands firm Hadens has almost halved in size following the departure of six partners to set up a rival firm.
Despite the trendy name, KSB Law is a firm strongly grounded in English history.
Competition specialist Monckton Chambers’ diverse approach to recruitment has scooped the set two senior judicial advisers.
Pictons chief executive officer (CEO) David Lambert is unusual in having a vision for the firm that he describes as “transient”. Some CEOs and managing partners might bridle at the suggestion of ‘transience’ in their thinking. But not Lambert.
As the holiday season begins, one group of lawyers has never been busier. Jon Robins meets Stephen Jakobi, the face of Fair Trials Abroad
Peter Crossley, head of commercial dispute resolution, Hammonds
Langleys Solicitors has appointed a new partner to bolster its commercial team. Andrew Argyle has joined the firm’s Lincoln office, where he will specialise in commercial litigation. Argyle arrives from Birmingham firm Shakespeares, where he was a partner in the commercial litigation department.
The law of legal advice privilege faces an overhaul this month as two key cases reach their conclusion.
South East firm DMH likes to impress as soon as a client walks through the door, and in quite a stylish manner – the firm’s Brighton and Crawley offices double as art galleries. The firm is unusual in having a dedicated gallery manager, and exhibitions showcasing the work of predominantly local artists are held regularly.
Leading chancery silk John McDonnell QC is launching a new set of chambers.
One Essex Court has taken on former Court of Appeal judge Sir Martin Nourse as an arbitrator. As a chancery practitioner, Nourse has vast experience in every kind of civil appeal, particularly with cases from the Commercial Court. In 2000 he was appointed vice-president of the civil division of the Court of Appeal and was made acting Master of the Rolls in 2001, the same year he became deputy chairman of the Appeal Committee of the Takeover Panel.
Matthew Arnold Baldwin announced a string of promotions last week, including Karen Jones, who became a partner in the firm’s IT and e-commerce division. Five lawyers have also been made up to associate.
Charles Russell has appointed a former Allen & Overy associate as head of its EU and competition group. Emanuela Lecchi takes up the newly-created role and will advise on the full range of EU and UK competition law, with a specific emphasis on regulatory issues in telecoms and utilities.
Eloquently, passionately and with no little wit, the man can most certainly talk. Fortunately, on this occasion, he restricted himself to one gag, and to the delight of some in the audience, it was at Campbell’s expense. Opening his copy of the Civil Service (No 2) Bill at Section 6(3) Lord Lester turned his steely gaze on the evening’s host to quote “from one former special adviser to another: ‘Special advisers shall not exercise executive powers over civil servants’.”
The Attorney General, Lord Goldsmith QC, will tomorrow (25 June) endorse the Charter of Fundamental Rights which forms part of the new EU constitution.
On 22 June, 1400 people will crowd into the Grosvenor House Hotel on Park Lane for the most eagerly-awaited event of the year. With only one week to go, The Lawyer brings you a sneak preview of the shortlisted individuals and teams
On 22 June, 1400 people will crowd into the Grosvenor House Hotel on Park Lane for the most eagerly-awaited event of the year. With only one week to go, The Lawyer brings you a sneak preview of the shortlisted individuals and teams
A preliminary decision by the Competition Appeals Tribunal (CAT) in the Pernod Ricard case means that complainants will have more rights in Office of Fair Trading (OFT) competition investigations.
Julia Hayhoe was elected as a director of management consultancy Hildebrandt International last month. Hayhoe, a former commercial litigator, primarily advises law firms, but also consults with investment banks, pharmaceutical companies and other professional services organisations. She has worked out of the New Jersey office since 2003 and will return to London at the end of this year, retaining an office in both cities.
Bishop Longbotham & Bagnall Solicitors (or, as it would prefer to be known in these days of abbreviated law firm names, BL&B Solicitors) perhaps sums up the dilemma faced by many established regional firms early in the 21st century. Should they keep the faith and retain tried-and-trusted ways of doing things, or jettison the status quo in favour of trendy alternatives, such ...
Leading Chancery set Maitland Chambers is understood to be in merger talks with Michael Driscoll QC’s 9 Old Square.
The Canadian lawyer representing imprisoned Russian oligarch Mikhail Khodorkovsky is lobbying the EU in his latest bid to win the release of his client.
In a market as tough for laterals as Brussels, Riccardo Celli is not a bad hire for O’Melveny & Myers. Even more encouraging is that sources at the firm say he should be able to start in the next few weeks.
Commercial property partner Patrick Andrews qualified in 1986 at Dundas & Wilson. A year later he moved to arch rival Shepherd + Wedderburn (S+W) and this month took up the management reins from Paul Hally, who stood down after five years at the helm. The son of a former S+W partner, Andrews ...
You can complain to Ofcom about anticompetitive practice if you like, but will it take any notice? Robbie Downing investigates
Scottish heavyweight Shepherd + Wedderburn has posted a 13.4 per cent increase in revenues for the year 2003-04, with annual income rising from £25.6m to a record £29m.
The UN Security Council has been asked to pressure Serbia and Montenegro into restarting effective cooperation with the UN War Crimes Tribunal on Former Yugoslavia.
On Saturday 1 May, we woke up to a larger EU and new opportunities brought by the 10 new member states. That date also saw the dawn of a new era in the enforcement of competition law. Many businesses seem inadequately prepared.
Dublin-based Eugene F Collins has taken on its first competition partner.
White & Case has landed its first ever deal for MMC Norilsk Nickel, acting on the Russian mining group’s surprise $1.16bn (£958.7bn) purchase of Anglo American’s stake in Gold Fields.
An important day for the European Commission and the application of European competition rules came on 24 March. With its largest ever fine of €479m (£314.9m) against Microsoft, Mario Monti showed that European competition rules can touch the biggest players. But with such a firm stance against Microsoft he has reopened the transatlantic antitrust v competition debate.
Hampshire firm Warner Goodman & Streat recently celebrated its 150th anniversary, making it one of the longest-established South Coast practices. But longevity is allied with expansionist and forward-thinking policies. Family-friendly policies are the norm, with staff working regularly from home. Profit, while clearly important, is not the sole motive ...
When the value of a company’s intangible assets is sky high, insurance to cover any losses is essential. Matthew Hogg reports
Morgan Lewis is pressing ahead with plans to open a Paris office after recruiting a 15-strong team from De Pardieu Brocas Maffei & Leygonie.
Hailsham Chambers has lost a tranche of barristers to Matrix Chambers’ burgeoning competition practice.
Masons has scored an important new client with its appointment to advise OGCbuying.solutions on commercial and EU procurement issues.
The Office of Fair Trading (OFT) has turned to the magic circle for its deputy director of competition enforcement, taking on an associate from Clifford Chance.
Freshfields Bruckhaus Deringer and Ashurst are defending companies found to be part of the vitamin cartel in the first ever damages claim to be heard by the Competition Appeals Tribunal (CAT).
US firm Morgan Lewis & Bockius is set to launch in Paris with a team from French independent De Pardieu Brocas Maffei & Leygonie.
The European Commission will rule against Microsoft this week, delighting its competitors, led by Allen & Overy (A&O) client Sun Microsystems.
A second Norton Rose partner has opted to leave for White & Case as the UK firm continues the far-reaching shake-up of its Paris office.
Rambaud Martel’s EC competition partner Olivier de Juvigny has quit the firm with two other partners and an associate to join M&A boutique Vivien & Associés.
Rambaud Martel’s EC competition partner Olivier de Juvigny has quit the firm with two other partners and an associate to join M&A boutique Vivien & Associés.
Does China’s new economic partnership arrangement signal a boom for lawyers, or is it more hype than hope? Tim Parkes and Jack Young report
The Australia-US free trade agreement is aimed at reducing legal and investment barriers. By Michael Beaumont and Madeleine Cox
The Enterprise Act’s criminalisation of cartels is making competition law compliance a business imperative, says Mike Pullen
An internet public consultation has been launched by the European Commission into a planned directive laying down rules on the transfer of a company’s registered office from one EU country to another. The directive would see companies adapting their structures and assets to meet the conditions required for the new registration, but would free them from having to liquidate themselves in their old home countries creating new companies in their new host states.
US firm Steptoe & Johnson has become the first firm to benefit from the dismantling of Oppenheimer Wolff & Donnelly’s European network. Steptoe has acquired the Brussels practice of Oppenheimer, which consists of three partners, one counsel and three associates. The Oppenheimer group is led by Jean Russotto, who is joined by two partners, Phillip Woolfson, an insurance and financial services lawyer who concentrates on European Community and French law, and James Searles, an international ...
An internet public consultation has been launched by the European Commission into a planned directive laying down clear rules on the transfer of a company’s registered office from one European Union (EU) country to another.
US firm Steptoe & Johnson has become the first firm to benefit from the dismantling of Oppenheimer Wolff & Donnelly’s European network.
Lawyers are preparing for Europe’s ‘big bang’ on 1 May, when, as well as the accession of 10 new member states, a package of measures intended to modernise the existing European system of competition law will be introduced. Among these measures is a revision to the special exemption from competition rules, the Technology Transfer Block Exemption Regulation, issued by the European ...
Competition clearance for the $925m (£491m) acquisition of ABB’s oil and gas services division by a consortium of Candover, JPMorgan and 3i was granted last Tuesday (24 February).
The management of Weil Gotshal’s global litigation practice is being decentralised following 100 per cent departmental growth in the past five years.
Miguel Rodriguez Mendose, head of Van Bael & Bellis’s Geneva office and former deputy director general of the World Trade Organisation (WTO), has been appointed chairman of the WTO panel ‘European Communities – Protection of Trademarks and Geographical Indications’. The panel will rule on US and Australian complaints over the EU’s system of trademarks and geographical indication for agricultural products and foodstuffs. He is joined by Seung Wha Chang of Korea and Peter Kam-fai Cheung ...
The EU is to pay for a new software system, computers and other IT equipment to improve the judiciary in the former Yugoslavian republic of Macedonia.
EU member states are close to reaching an agreement on a framework directive establishing the mutual recognition principle in matters involving the confiscation of the proceeds of crime.
Denton Wilde Sapte’s competition department has taken another hit, this time with the loss of senior associate Alan Davis who is joining Pinsents to head up the firm’s competition team in London.
The European Parliament has called for the creation of a single EU authority for supervising cross-border financial supervision in Europe as a long-term response to the Parmalat scandal.
Approval has been secured at the European Parliament for a new EU directive on the mutual recognition within member countries of professional qualifications.
The Belgian office of Morgan Lewis & Bockius has poached White & Case Ger-man antitrust partner Gerrit Schohe to boost its Brussels competition platform.
Helen Power on how the authorities backed down from censuring the BBC’s commercial activities
Arnold & Porter has continued its assault on the Brussels market with the hire of five lawyers to its competition team.
Spain has a new regulation creating more transparency in corporate governance. Fernando Vives and Javier Ybañez report
Real estate is booming in Spain. Jorge Adell and Bernat Mullerat report on one of the strongest drivers of the country’s economy
I was very surprised to read in The Lawyer: “To add to FLAG’s financial woes, in August 2002 the Office of Fair Trading started an investigation into anticompetitive practices by cable-lending operators in the UK, including FLAG.
The new French financial markets regulator has the unenviable task of restoring confidence to the shaken French financial market. Bertrand Pebrier and Etienne Rocher report
Brick Court Chambers QC Nick Green has scooped a new instruction from the Hong Kong telecoms regulator the Office of the Telecommuni-cations Authority (Ofta) on a groundbreaking competition case against the dominant fixed-line telecoms operator Pacific Century CyberWorks (PCCW).
The Financial Services Authority (FSA) has extended its mediation scheme so it is available to individuals and firms when they are under investigation from its enforcement division. Historically, mediation was only available after the firm being investigated had received a warning notice. The new scheme came into force on 1 February.
The European Commission is set to provide €6.65m (£4.6m) to Panama over the next four and a half years to help the country rebuild its judicial system.
How should Saddam Hussein be tried? Jon Robins talks to the key legal opinion-formers
Insolvency practitioners (IPs) have been rendered helpless on the issue of what to do with a bankrupt company’s assets as a ruling stating that the money should go to the Government has been sent to the Court of Appeal.
Spain has published a new arbitration act based on UN models to make it the first choice for Latin American businesses that want to arbitrate within the EU.
The reclusive Barclay brothers scored a major coup last Thursday when former Simmons partner Peter Freeman unexpectedly cleared their acquisition of Great Universal Stores (GUS) while leading his first investigation as Deputy Chairman of the Competition Commission.
An expansion of the European Court of Justice buildings in Luxembourg City is to take place, enabling the EU’s top judicial authority to cope with the additional workload created by May’s expansion of the EU.
When data protection can kill: Information Commissioner Richard Thomas speaks out on Ian Huntley – and makes a plea for common sense. By Jon Robins
Weil Gotshal & Manges is continuing to build its anti-trust expertise by taking on two senior antitrust officials from the Federal Trade Commission (FTC).
The Barclay brothers have called on Skadden Arps Slate Meagher & Flom to act on this weekend’s surprise £259m offer for Lord Black of Crossharbour’s controlling stake in Hollinger International.
The stage has been set for one of the most fierce internal EU legal battles in recent years following a decision by the European Commission to take the EU’s member states to court over their refusal to punish France and Germany for breaching the eurozone rules last November. The commission has asked for a fast-track procedure, meaning a decision could come within six months.
Respected Brussels trade and competition boutique Stanbrook & Hooper has lost a quarter of its lawyers in the space of a month as the firm ends its growth ambitions.
France, Germany and Belgium are worse than other member countries at putting the EU’s internal market laws into effect, and have lagged even further behind since May 2003, the European Commission has announced.
A single set of European regulations? Jonathan Herbst assesses the development of two new directives which may bring that day closer
Bird & Bird has won a precedent-setting victory in the Dutch Supreme Court for internet file sharing company Kazaa against Dutch royalties collection agency Buma Stemra.
Reforms to the EU’s public procurement legislation have been agreed by a conciliation committee linking the EU Council of Ministers and the European Parliament.
Aside from the battle for Safeway and the Carlton-Granada merger, it has been a pretty quiet year in corporate, even if, like Allen & Overy (A&O), you insist on acting for more than one party on deals.
Competition Commissioner Mario Monti has dragged competition law kicking and screaming into the 21st century. Oliver Bretz reports on the merger revolution in Brussels
The European Commission is trying to clear legal logjams preventing companies with share capital from different EU member states from merging. Such transactions are illegal in Austria, Denmark, Finland, Germany, Greece, Ireland, the Netherlands and Sweden. However, under a new proposed company merger directive, they would be allowed across the EU and would involve companies following the merger rules that would apply if they were merging with a company from their own country. First ...
The European Commission is trying to clear legal logjams preventing companies with share capital from different European Union (EU) Member States from merging.
A powerful remedy is emerging in relation to human rights damages, says Tim Ward and Daniel Beard
The European Court of Justice (ECJ) has ordered Italy to liberalise its regulations on access to its legal profession. The ECJ has demanded that Italy’s National Bar Council does not reject out of hand qualifications gained in other EU member states. The court ruled that the Bar Council broke European law by blocking part-qualified French national Christine Morgenbesser from studying as an apprentice lawyer in Genoa. First reported on www.thelawyer.com 19 November
A preliminary decision in a case before the European Court of Justice (ECJ) could create a mini boom for European cross-border litigation if it is upheld by the court.
The European Court of Justice (ECJ) has ordered Italy to liberalise its regulations governing access to the Italian legal profession.
Linklaters has shored up its German competition and EU law practice following the departure of group head Dirk Schroeder for Cleary Gottlieb Steen & Hamilton, as revealed by The Lawyer (3 November).The magic circle firm has announced that Wolfgang Deselaers will replace Schroeder. Although he is ...
EUROPEAN law is to guarantee the rights of EU citizens to access environmental information, participate in environmental decision-making and grant them the right to bring environmental violations to courts, if EU ministers agree a proposal from the European Commission.
Brabners Chaffe Street managing partner Michael Brabner has been appointed as the new chairman of Eurolegal, the European network of independent law firms. Eurolegal comprises 21 member firms in 16 countries. Brabners was a founding member of Eurolegal when the network was set up in 1990.
Bird & Bird has lost competition partner Simon Topping to the Brussels office of technology rival SJ Berwin.
A EUROPEAN commissioner has broken a Brussels taboo by calling on the European Commission to propose fewer regulations.
Brussels set to crack down on price-fixing in Europe; MDP bans to be scrutinised
Eversheds is in talks with at least two firms from Denton Wilde Sapte's collapsed European network, The Lawyer can reveal.
The European Court of Justice has ruled that part of Lovells' conduct in a major competition case amounts to abuse and, as a result, has ordered parties to pay their own legal fees.
Margaret Bloom, the former competition enforcement director at the Office of Fair Trading (OFT), has joined Freshfields Bruckhaus Deringer, but has announced that she will never appear before the OFT.Bloom, who has joined the ...
The European Commission (EC) is pressing for an end to national vetoes over changes to parts of the EU's founding treaties, as member states prepare to launch the Intergovernmental Conference (IGC) in Rome on 4 October, convened to approve the EU's first formal constitution.
The liberalisation of rail freight networks across Europe could be here sooner than anticipated. Raymond Beven tracks its progress
Next year's European expansion will throw up many challenges for the new member states, not least in relation to EU competition policy. Ulrike Muller reports
After being criticised by the CFI, the European Commission is reforming its merger regulations. By Samantha Mobley
The EC has proposed a directive to harmonise the law on unfair commercial practices, but Germany already has plans of its own. Kai Westerwelle and Timothy Pinto report
With the imminent reform of Italian corporate law, Andrea Arosio and Mario Lisanti report on a step towards a more flexible and market-friendly legal framework
The Office of Fair Trading's (OFT) director of competition enforcement Margaret Bloom has told The Lawyer that she does not think law firms should represent more than one company in a cartel or price-fixing investigation.Bloom also said companies and their directors should have separate representation in criminal investigations under the new Enterprise Act.Bloom told The Lawyer: "If you ask me, I would prefer that they were not represented by one law firm because I think ...
Ashursts client Wm Morrison emerges as Competition Commission favourite in the race for Safeway
Margaret Bloom's tenure at the OFT is finally coming to an end. Helen Power talks to her about her six years of being the scourge of cartels
The EU is to sign a controversial extradition deal with the US, with the agreement being approved by the EU Justice and Home Affairs Council, despite concerns raised by the European Parliament.
The Foreign and Commonwealth Office (FCO) last week interviewed candidates to replace the UK's retiring European Court of Justice (ECJ) judge David Edwards.
Simmons & Simmons Brussels partner Conor Maguire has quit the firm. A Simmons spokesperson said he had "left by mutual consent".
Leeds and Manchester firm Cobbetts has formed an EU alliance with Brussels competition and trade law specialist Stanbrook & Hooper.
Polish firm Wardynski & Partners, the Czech Republic’s Kocian Solc Balastik and Cechova Rakovsky from the Slovak Republic have initiated ambitious plans to expand their international alliance following the launch of a Brussels office.
Companies and citizens may be able to sue European governments and EU institutions for failing to abide by World Trade Organization (WTO) rulings if the European Court of Justice (ECJ) approves a formal opinion from one of its advocate generals.
Two-thirds of external advisers to go as Sanna overhauls entire legal function
The Singapore-US Free Trade Agreement (FTA) signed last week has disappointed US law firms by making little concession towards opening up the legal market to US competitors.
Defendant lawyers involved in a unique competition case brought by a penniless former shipowner against several major shipping companies are due to return to court to fight for their £6m in fees in what is expected to be an important costs test case.
Once again Mr Justice Collins has ruffled more than a few Parliamentary feathers. But as Jon Robins reports, the 'dictator in a wig' is unrepentant
Slaughters competition veteran Malcolm Nicholson is as unique as the firm he works for. And as Helen Power reports, it certainly hasn't done him any harm
EU judges and courts requiring assistance with cases that involve more than one EU member state will be able to summon help from special international contact points from the New Year, when the details of the new European Judicial Network are posted on the internet.
Submissions by Finers Stephens Innocent and Doughty Street barristers to the European Court of Human Rights (ECHR) in Strasbourg have led to the UK Government being asked to justify its libel laws
Edward Fitzgerald QC takes lead role in case that strips Home Secretary of his power to set minimum jail terms for convicted murderers
Johnson Matthey's head of legal Simon Farrant has the right formula of in-house and external lawyers to keep the chemicals company healthy for another century. Steve Hoare reports
McDermott's London competition partner Scott Megregian arrived from the US to fill a gap, but as Kathryn Hobbs discovers, he's more than just a patch-up job
France, Belgium and Luxembourg face huge fines for breaking a deadline to implement the EU free establishment directive
Trevor Soames, the new head of Howrey Simon's Brussels practice, talks to Kathryn Hobbs about how being arrested led him to a career in law
British American Tobacco's Stephen Walzer is an expert in smoothing the way with the authorities, hardly surprising given his involvement in so many. Naomi Rovnick reports
Head of chambers at Cloisters Laura Cox QC may have a fearsome reputation, but the only people she argues with these days are her children
Europe, Pinochet, Milosevic and bananas - Michael Shrimpton has rather strong views on them all. But for some reason, we still rather like him
Shami Chakrabarti put human rights firmly on her agenda by departing her Government legal post to do battle with it as Liberty's only in-house counsel
For Baker & McKenzie's Harry Small, keeping Levi's little red tab sacred was a must - despite the fact that he doesn't wear jeans very often
Chris Bright feels that his work for Clifford Chance is done and so is moving on to Shearmans. For his next challenge he might even take on Brussels
Director of Manchester United FC and James Chapman & Co senior partner Maurice Watkins tries to explain the offside rule
Dearbail Jordan meets Denton Hall partner Polly Weitzman, who sent the Office of Fair Trading off after a Restrictive Practices Court drubbing over Premier League football TV deals
In his first exclusive since being appointed senior Law Lord, Lord Nicholas Browne-Wilkinson talks to Robert Mendick