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EU’s top court rules that blanket ban on access to leniency documents is not permitted

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • June 12 2013

The European Union's top court rules that a national law which requires the consent of all parties before access to the file is given to third-party

A new front in the patent wars: CJEU asked for guidance on limits to injunctive relief

  • McDermott Will & Emery
  • -
  • European Union, USA
  • -
  • 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

ECJ rules access to documents can be denied on basis of general presumption that disclosure undermines merger control proceedings

  • McDermott Will & Emery
  • -
  • 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

EU General Court rules European Commission wrong to reject summarily claimants’ requests for access to investigation files

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • May 31 2012

In its latest judgment on the issue of access to antitrust investigation files by third party claimants (EnBW Energie Baden-Württemberg v Commission 2012 T-344), the EU General Court has reminded the European Commission that it may not reject summarily private claimants’ requests for access

Disclosure of EU leniency materials: English High Court outlines the boundaries of document disclosure

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • April 23 2012

In the latest of a series of disputes over disclosure in antitrust damages actions, on 4 April 2012 the English High Court ordered that several passages from the confidential version of the European Commission’s decision in COMPF38.899 Gas Insulated Switchgear (GIS) and associated materials submitted to the Commission by companies seeking lenient treatment (leniency materials) be turned over to UK National Grid plc, in support of its damages claim against certain suppliers of GIS

Tomra: tension between simply “capable” of restricting competition and the “effects-based” approach

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • April 20 2012

On 19 April 2012, the European Court of Justice (ECJ) confirmed that Tomraa supplier of reverse vending machines (which collect used drink containers)infringed European competition law by abusing its dominant position through various “exclusionary” practices

The disclosure of leniency documents: confidential documents still protected

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • December 28 2011

On 15 December 2011, the EU General Court ruled that the European Commission should have disclosed the index from a cartel investigation to Cartel Damages Claims, a company bringing a collective damages action against the cartel defendants

EU's top competition court rules that companies seeking damages may have access to leniency statements

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • July 15 2011

A recent decision by the Court of Justice of the European Union may make it easier for prospective claimants to obtain at least those leniency statements and related materials that are submitted to the national competition authorities of the EU Member States

Top EU court rules that companies may have access to leniency statements submitted to national competition authorities

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • June 16 2011

The European Court of Justice (ECJ) ruling of 14 June 2011 followed a case that originated in Germany

European developments impacting dominant, vertically integrated operators the TeliaSonera judgment

  • McDermott Will & Emery
  • -
  • European Union, Sweden
  • -
  • March 10 2011

On 17 February 2011, the European Court of Justice (ECJ) - on a reference for a preliminary ruling by the Stockholm District Court (SDC) - clarified, and indeed expanded upon, the scope of the law in relation to pricing practices of vertically integrated companies