Directive of the European Parliament and of the Council to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (“ECN Plus Directive”)

Directive of the European Parliament and of the Council  to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (“ECN Plus Directive”)

January 2019 CPI EU News Column edited by Thibault Schrepel, Sam Sadden & Jan Roth (CPI) presents: Directive of the European Parliament and of the Council to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (“ECN Plus Directive”) By Florian Wagner-von Papp […]

Should Jurisdictional Clauses be Interpreted Differently in Competition Law Cases? A Comment on Case C 595/17 Apple ECLI:EU:C:2018:854

Should Jurisdictional Clauses be Interpreted Differently in Competition Law Cases? A Comment on Case C 595/17 Apple ECLI:EU:C:2018:854

November 2018 CPI EU News Column edited by Thibault Schrepel, Sam Sadden & Jan Roth (CPI) presents: Should Jurisdictional Clauses be Interpreted Differently in Competition Law Cases? A Comment on Case C 595/17 Apple ECLI:EU:C:2018:854 By Pedro Caro de Sousa (OECD)1 Click here for a PDF version of the article   Introduction Does a widely worded […]

Apple (C-595/17): ECJ on jurisdiction clauses and private enforcement: “Multinationals, go ahead and abuse your distributors”?

Apple (C-595/17): ECJ on jurisdiction clauses and private enforcement: “Multinationals, go ahead and abuse your distributors”?

October 2018 CPI EU News Column edited by Thibault Schrepel, Sam Sadden & Jan Roth (CPI) presents: Apple (C-595/17): ECJ on jurisdiction clauses and private enforcement: “Multinationals, go ahead and abuse your distributors”? By Miguel Sousa Ferro (University of Lisbon)1 Click here for a PDF version of the article   Essential Facts Apple’s distribution network in […]

Brexit And Its Impact On English Antitrust Claims

Brexit And Its Impact On English Antitrust Claims

By Kenny Henderson – In Theresa May’s memorable words, “Brexit means Brexit.” But what does this mean for England’s status as a favored jurisdiction for antitrust damages claims? The impact of Brexit on antitrust litigation in England will be influenced by the form of Brexit that the UK eventually adopts. Post hard Brexit, the cause […]

U.S. / EU Antitrust Friction In The Time Of Brexit: Toward A Rosier Scenario?

U.S. / EU Antitrust Friction In The Time Of Brexit: Toward A Rosier Scenario?

By Tad Lipsky – Although U.S. and EU antitrust rules share many elements, their historical roots are distinct and a variety of important tensions and inconsistencies persist between the two systems. Firms with operations in both jurisdictions are typically required to follow different legal advice and to operate differently in each. In many circumstances such firms […]

Can Big Data Protect A Firm From Competition?

Can Big Data Protect A Firm From Competition?

By Anja Lambrecht & Catherine E. Tucker – This article looks at big data through the lens of a classic framework called the “resource-based view of the firm.” This framework states that, for big data to provide competitive advantage, it has to be inimitable, rare, valuable and non-substitutable. On deeper analysis, big data is not […]

The Good, Bad And Ugly In Competition Law Enforcement: Observations From The Technology Sector

The Good, Bad And Ugly In Competition Law Enforcement: Observations From The Technology Sector

By Timothy Cowen & Stephen Dnes – This article identifies what works well in competition law enforcement, and what drives and distinguishes good performance from less desirable outcomes. To do so, it analyses the application of competition law to technology and communications markets. This choice of focus reflects particularly pronounced issues that have arisen in relation […]

CPI Talks – Inside the ICN Cartel Workshop, Madrid, October 2016.

CPI Talks – Inside the ICN Cartel Workshop, Madrid, October 2016.

In this month’s CPI Talks, we give our readers a special interview with the ICN Cartel Workshop co-chairs, ACCC and FAS and the ICN Cartel Workshop host, the Spanish CNMC. The heads of these agencies explained to CPI the aim of this workshop, they discussed hot topics in cartel enforcement, such as individual and criminal […]

Extra-Jurisdictional Remedies Involving Patent Licensing

Extra-Jurisdictional Remedies Involving Patent Licensing

By Koren Wong-Ervin, Bruce H. Kobayashi, Douglas H. Ginsburg & Joshua D. Wright –  This article discusses the various approaches taken by competition agencies thus far on extra-jurisdictional remedies, as exemplified by four recent decisions: one by the FTC against Google/MMI; two by DG Comp against Motorola and Samsung, respectively; and one by China’s NDRC against […]

Mega-Mergers: Key Considerations to Take to Get your Deal Through

Mega-Mergers: Key Considerations to Take to Get your Deal Through

By Nikolaos Peristerakis, Tom McGrath & Fay Zhou – While there appears to be a consensus among regulators and practitioners that “big is not necessarily bad” when it comes to merger transactions, mega-mergers will attract much more intense scrutiny, both on antitrust and non-antitrust grounds, by regulators that increasingly cooperate with each other, often at a […]

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