Now the Commission Wants Compensation Too The Commission as Private Damages Claimant and Its Implications

Ruchit Patel, Paul Stuart, Jul 15, 2013 In February 2007, the European Commission (the “Commission”) adopted an infringement decision finding that a number of manufacturers of lifts and escalators had engaged in cartel behavior contrary to Article 101 TFEU (the “Decision”). The Commission imposed fines totaling more than EUR 990 million. In June 2008, the Commission, […]

Relying on EU Soft Law Before National Competition Authorities: Hope for the Best, Expect the Worst

Oana Stefan, Jul 15, 2013 Instruments deprived of legally binding force according to Article 288 TFEU—notices, guidelines, communications, etc.—have been issued in EU competition law since the 1960s. Bearing a vast variety of names and coming in different forms, all these instruments can be gathered under the umbrella notion of “soft law.” As experienced in […]

EU Court Narrows Scope of the De Minimis Principle

Cormac Little, Jul 15, 2013 A recent court decision has significantly narrowed the application of the de minimis principle under EU competition rules. In late 2012, the Court of Justice of the European Union considered whether national competition authorities of EU Member States are required to follow the European Commission’s de minimis rule. This principle […]

Where Is the Italian Supreme Administrative Court Going in the Never-Ending Pfizer Latanoprost Saga?

Daniela Ampollini, Jul 15, 2013 It is obvious to all that know even a little of patent law, that the validity (and, even before, the dignity) of a divisional patent is not based on the fact that it will purport the development or launch of a new product. Quite the contrary, a divisional patent by […]

Bitter Sweet The OFT’s Recent Approach to Food Mergers

Richard Blewett, Jul 15, 2013 Tempers frayed earlier this year when the U.K.’s Office of Fair Trading (“OFT”) referred A.G. Barr plc’s acquisition of Britvic plc to the Competition Commission (“CC”). Britvic’s Chairman, Gerald Corbett attacked the OFT decision, saying “We’ve got two British companies trying to strengthen themselves against a big American corporation. If […]