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Lexology PRO | European Union | 25 May 2022

Economic analysis “not possible” without counterfactuals, Régibeau says

It is becoming harder to conduct counterfactual analyses in certain cases, but that doesn’t mean competition authorities should stop considering them as part of their investigations, the European Commission’s chief competition economist has said.
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Lexology PRO | European Union | 18 May 2022

Canon loses bid to quash €28 million EU gun-jumping fine

The EU’s General Court has upheld the European Commission’s €28 million gun-jumping fine to Canon for partially implementing its two-part takeover of Toshiba Medical Systems Corporation before notifying the deal under EU merger rules.
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Lexology PRO | European Union | 18 May 2022

General Court upholds copper deal block

The EU’s General Court has fully upheld the European Commission’s decision to block a deal between two flat-rolled copper manufacturers, rejecting claims that the agency carried out an unlawful market test on proposed remedies and that its decision contradicted a previous merger clearance.
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Lexology PRO | European Union | 12 May 2022

EU advocate general recommends dismissing HSBC Euribor appeal

An advocate general at the European Court of Justice has recommended the court dismiss HSBC’s appeal against a General Court ruling that found it participated in a by-object infringement of competition law despite finding that the lower court erred when assessing the bank’s procedural error allegations.
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Lexology PRO | European Union, Luxembourg | 29 Apr 2022

EU and Google set to square off at General Court once again in AdSense appeal

Google will argue before the EU’s General Court next week that the European Commission’s decision to fine it €1.49 billion for including anticompetitive clauses in its AdSense contracts is wrong in law, facts and economics.
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Inlex IP Expertise | European Union | 11 Apr 2022

General Court reiterates criteria for assessing validity of designs in cheese design case

The General Court recently issued a decision concerning an invalidity action that had been filed against a registered Community design representing triple helicoid cheese. The case serves as an essential reminder that designs can be declared invalid based on a much wider range of prior rights than for trademarks, thus demonstrating the importance of thoroughly verifying prior rights in the......
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Lexology PRO | European Union | 8 Apr 2022

Intel saga continues as EU challenges overturning of €1 billion fine

The European Commission is appealing against the annulment of its landmark €1 billion abuse of dominance fine against Intel over a decade ago, following criticism from the General Court that it failed to prove the chipmaker’s conditional rebates harmed competition.
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Arnecke Sibeth Dabelstein | European Union | 31 Mar 2022

Truck cartel: General Court confirms €880 million fine against Scania

The General Court of the European Union (GC) recently dismissed Scania's appeal and upheld the €880.5 million fine imposed by the European Commission for Scania's participation in a truck cartel. With its decision, the GC clarified the legality of a "hybrid" procedure, combining the settlement procedure and the ordinary administrative procedure in cartel cases, and the concept of a "single......
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Lexology PRO | European Union, France, United Kingdom | 17 Mar 2022

Microsoft faces cloud service abuse claim in the EU

A French cloud computing company has accused Microsoft of leveraging its market power to harm competitors, marking the third abuse of dominance complaint filed against the company to the European Commission in two years.
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Macfarlanes LLP | European Union | 2 Mar 2022

Damages under European law for flawed merger control decisions

It is settled law that merging parties can sue the Commission for damages following a flawed prohibition decision under the EU Merger Regulation. It…
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