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A new front in the patent wars: CJEU asked for guidance on limits to injunctive relief
- McDermott Will & Emery
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- European Union, USA
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- April 11 2013
The patent wars between large technology companies continue unabated. The Court of Justice of the European Union (CJEU) is set to provide guidance on
Joint and several liability for antitrust fines: parent company can benefit from a reduction in its subsidiary’s fine
- McDermott Will & Emery
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- European Union
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- February 11 2013
A judgment of the EU General Court in March 2011, upheld on appeal by the Court of Justice of the European Union (CJEU) on 22 January 2013, is
Release of confidential cartel information by European Commission to English High Court suspended
- McDermott Will & Emery
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- European Union
- -
- January 16 2013
On 29 November 2012, the EU General Court (GC) issued a provisional order suspending the European Commission’s decision to communicate to the High
National competition authorities in Europe are not bound by the European Commission de minimis notice
- McDermott Will & Emery
- -
- European Union
- -
- January 10 2013
On 13 December 2012, the Court of Justice of the European Union (CJEU) held that national competition authorities (NCAs) can apply European competition
European Commission dawn raids: EU General Court reins in “fishing expeditions”
- McDermott Will & Emery
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- European Union
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- December 10 2012
On 14 November, the EU General Court ruled in related cases T-13509 and T-14009 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
EU Commission can bring follow-on actions for damages on behalf of the European Union in cartel cases
- McDermott Will & Emery
- -
- European Union
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- November 13 2012
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
Parental liability: the importance of following the rebuttal procedure carefully
- McDermott Will & Emery
- -
- European Union
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- October 11 2012
Case law confirms that the parent company of a wholly-owned subsidiary is presumed to exercise a “decisive influence” over the subsidiary
EU’s highest court rejects Schenker’s application for intervention in air-cargo cartel appeals
- McDermott Will & Emery
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- European Union
- -
- July 10 2012
The European Court of Justice (ECJ) in Schenker AG v Commission C-60211 P confirmed on 20 June 2012 a judgment by the General Court rejecting an application by Schenker (a subsidiary of Deutsche Bahn) for intervention in the raft of appeals brought by airlines against cartel fines imposed on them by the EU Commission
ECJ rules access to documents can be denied on basis of general presumption that disclosure undermines merger control proceedings
- McDermott Will & Emery
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- European Union
- -
- July 3 2012
There is a general presumption that the grant of public access to documents relating to merger control proceedings would undermine the purpose of those proceedings
Standing to challenge European Commission decisions on complaints
- McDermott Will & Emery
- -
- European Union
- -
- June 6 2012
The recent EU General Court judgment in F91 Diddeléng v Commission illustrates the importance of exercising all available procedures at the administrative level to ensure that one has a challengeable decision before formulating a claim before the General Court
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