Debevoise & Plimpton

EU commission ends antitrust proceeding after Areva and Siemens agree to limit scope of non-compete and confidentiality obligations

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. This case serves as an important reminder that parties entering into a joint venture capable of having an effect within the EU must define any restrictions on their behaviour in a manner that ensures that any non-compete clause (or other provision that is restrictive of competition between the parties) is directly related to and reasonably necessary for its implementation, or risk investigation and potential fines…

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