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.
Partner and head of Bucharest office
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.
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.
Merger Control — Finland chapter download
The second edition of Global Legal Insights’ Merger Control publication is available now. Here, Krogerus presents the Finland chapter.
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.
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.
Krogerus advised Abloy in an investigation by the Finnish Competition Authority that ended on 14 March 2013 with a decision to terminate the proceedings with no further action to be taken.
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.
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