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Most Favoured Nation provisions increasingly investigated by European competition authorities

European Union - October 1 2013 Most Favoured Nation ("MFN") provisions have come under increased scrutiny of European competition authorities. MFN provisions, also referred to as…

Christof Swaak, Delphine Gillet, Michelle Argueta, Peter Wytinck, Rein Wesseling.

European Court of Justice simplifies classic case law and rules that all object infringements that have an effect on interstate trade violate Article 101 TFEU

European Union, France - January 3 2013 On 13 December 2012, the European Court of Justice ("ECJ") ruled on a reference from the French Supreme Court in the Expedia case (Case C-226/11). The…

Bas Braeken, Christof Swaak, Floris ten Have, Peter Wytinck, Rein Wesseling.

Cartes Bancaires and MasterCard judgments: object and effects restrictions revisited

European Union - October 6 2014 On 11 September 2014, the Court of Justice issued an important judgment in one of the numerous pending competition law cases around credit card…

Christof Swaak, Michelle Argueta, Peter Wytinck, Rein Wesseling.

Brussels Court of Appeal and Dutch Supreme Court confirm legal professional privilege for in-house counsels

Belgium - April 9 2013 In its judgment of 5 March 2013 (Case 2011/MR/3) , the Brussels' Court of Appeal ("CoA") has confirmed that advice given by in-house counsel to its…

Bas Braeken, Christof Swaak, Delphine Gillet, Peter Wytinck, Rein Wesseling.

European Court of Justice clarifies scope of post-term non-compete obligation in franchise agreement

European Union - March 5 2013 In its judgment of 7 February 2013, the European Court of Justice ("ECJ") ruled (Case C-117/12) that a post-term non-compete obligation in a…

Bas Braeken, Christof Swaak, Floris ten Have, Peter Wytinck, Rein Wesseling.