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Merger control: gun jumping goes global
  • McDermott Will & Emery
  • European Union, USA
  • June 28 2010

Broadly defined, "gun jumping" refers to unlawful premerger coordination between the parties to an M&A transaction


Exploitative abuses of a dominant position
  • McDermott Will & Emery
  • European Union
  • August 31 2011

Although the application of Article 102 the Treaty on the Functioning of the European Union (TFEU), which prohibits the abuse of a dominant position, has been concerned mainly with exclusionary abuses, two recent casesconcerning Qualcomm and Rambusappear to indicate that the European Commission is shifting its focus from exclusionary abuses to exploitative abuses


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


Limitation periods for antitrust damages actions in the European Union
  • McDermott Will & Emery
  • European Union
  • July 2 2014

The last decade or so has seen a marked increase in antitrust damages actions brought before the national courts of the EU Member States. As things


Enforcement of antitrust rules to distribution agreements in Europe
  • McDermott Will & Emery
  • European Union
  • July 14 2011

Some recent developments in the European antitrust legal arena demonstrate that the enforcement of antitrust rules in the distribution sector is clearly one of the main priorities on the agenda of the European antitrust authorities


EU: Merger case cleared following offer of FRAND technology license
  • McDermott Will & Emery
  • European Union
  • April 25 2016

On 20 April 2016, the European Commission (Commission) cleared, under its merger control rules, the acquisition of Equens and PaySquare by Worldline


EU national courts may have to order recovery of state aid before European Commission makes final decision
  • McDermott Will & Emery
  • European Union, France, Germany
  • November 26 2013

The European Court of Justice decided on 21 November 2013 that EU national courts must assume that a measure qualifies as State aid, if the European


General Court of the EU Upholds Cartel Fines of 131 Million Imposed on Toshiba and Mitsubishi Electric, Dismisses Arguments Based on Principle of Equal Treatment
  • McDermott Will & Emery
  • European Union
  • January 27 2016

By two judgments of January 19, 2015 (Case T-40412 Toshiba v. Commission and Case T-40912 Mitsubishi Electric v. Commission), the General Court of


French court orders French competition authority to disclose antitrust investigation documents
  • McDermott Will & Emery
  • European Union, France
  • September 22 2011

On 24 August 2011, the Commercial Court in Paris ordered the French competition authority, the Autorité de la concurrence (Autorité), to disclose documents relating to the settlement of an antitrust investigation in the context of a private damages action


The European Court of Justice Rules against Overreaching Requests for Information by the European Commission
  • McDermott Will & Emery
  • European Union
  • March 14 2016

Last week, the Court of Justice of the European Union (ECJ) ruled that the General Court of the European Union (GCEU) had been wrong when deciding