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Commission approves nationalisation of Hypo Real Estate
- McDermott Will & Emery
- -
- European Union, Germany
- -
- May 22 2009
The European Commission approved on 15 May, under the EC Merger Regulation (ECMR), the acquisition of Hypo Real Estate AG (Hypo), the German financial institution, by one of Germany’s state-owned financial institutions, the Financial Market Stabilisation Fund (SOFFIN
Commission closes Article 82 investigation of RWE
- McDermott Will & Emery
- -
- European Union, Germany
- -
- March 20 2009
The European Commission has announced that it has decided to accept from German energy company RWE binding commitments under Article 9(1) of Regulation 12003
German Federal Court of Justice takes a stand in Orange Book Standard
- McDermott Will & Emery
- -
- Germany
- -
- July 27 2009
The antitrust division of the Federal Court of Justice in Germany delivered a landmark judgment in the Orange Book Standard proceeding dealing with the use of the so-called "compulsory license objection under anti-trust law
Caught in the act of acquiring some shares: the application of merger control rules on the acquisition of non-controlling minority shareholdings in Germany and the UK
- McDermott Will & Emery
- -
- Germany, United Kingdom
- -
- January 5 2011
Enterprises and corporate lawyers certainly know by now that they may have to go through merger control proceedings if they want to acquire "control" of another enterprise
German antitrust regulator steps up the fight against gun-jumping
- McDermott Will & Emery
- -
- Germany
- -
- June 30 2011
More than 100 countries worldwide have merger control regimes, which require parties to reportable transactions to notify antitrust regulators and obtain competition clearance
An end to free pricing in the German pharmaceuticals market
- McDermott Will & Emery
- -
- Germany
- -
- November 22 2010
Germany has long been the only country in Europe that allows pharmaceutical producers to determine freely their prices for new, supposedly innovative products
Supreme Court allows the passing-on defense in antitrust damages actions
- McDermott Will & Emery
- -
- Germany
- -
- July 8 2011
The German Supreme Court, in a landmark ruling handed down on 28 June 2011, has held that members of a cartel are able to defend themselves against a claim for damages by raising the defense that the relevant applicants have passed on the damage caused by higher prices onto a downstream market (the so-called "passing-on defense"
German Supreme Court allows indirect purchaser claims and passing-on defence in cartel damages actions
- McDermott Will & Emery
- -
- Germany
- -
- June 29 2011
On Tuesday, June 28, 2011, the German Supreme Court (Bundesgerichtshof-BGH) has clarified two important questions concerning cartel damages actions in Germany
German federal cartel office consults on substantive merger control - draft guidance focuses on market dominance
- McDermott Will & Emery
- -
- Germany
- -
- July 27 2011
On 21 July 2011, the German Federal Cartel Office published a consultation paper on substantive merger control called “Draft Guidance on Substantive Merger Control” (Draft Guidance
German court protects the confidentiality of leniency submissions
- McDermott Will & Emery
- -
- Germany
- -
- February 14 2012
In the wake of the seminal European Court of Justice (ECJ) ruling in case C-36009 - Pfleiderer AG v Bundeskartellamt, Amtsgericht Bonn (Bonn local court), in a decision rendered on 18 January 2012 (case 51 Gs 5309), has refused to give a damages claimant access to leniency submissions held by the German Federal Cartel Office (FCO
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