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Category Archives: EU and Competition

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German Utilities Score Billions on Constitutional Challenge to German Nuclear Fuel Tax

By Jörn Kassow and Alexander Wilhelm On 7 June 2017, the Federal Constitutional Court of Germany (FCC) published a recent decision that declared the German Nuclear Fuel Tax Act (Kernbrennstoffsteuergesetz – KernbrStG) void due to the lack of legislative competence of the federal legislator (Bundestag) to enact the law constitutionally. The FCC argued that neither the … Continue Reading

Spain Reorganises its National Regulatory Authorities to Comply with EU Guidelines

By Rosa Espín and Leticia Sitges The Spanish government recently passed a draft bill for the “ rationalization and organization of the supervising regulatory bodies of the markets and the improvement of its governance” (the Draft Bill). The bill aims to reorganize antitrust regulation, and to improve supervision and regulation in the economic and financial domains, … Continue Reading

German Court Delays Implementation of Unified Patent Court Legislation

By Deborah Kirk, Charles Courtenay, Christian Engelhardt, Yasmina Borhani and Andrea Stout Germany’s constitutional court, the Bundesverfassungsgericht, has requested that the German President hold off on signing the legislation ratifying the Unified Patent Court (UPC) and the Unitary Patent (UP) following a constitutional complaint from an unnamed individual. The court did not disclose the nature … Continue Reading

Dow/DuPont: MOFCOM Grants First Conditional Clearance of 2017

By John. D Colahan and David Zhou  Background On 2 May 2017, China’s Ministry of Commerce (MOFCOM) announced its conditional clearance of the proposed US$130 billion all-stock merger of equals between the Dow Chemical Company (Dow) and E.I. du Pont de Nemours and Company (DuPont), marking the first conditional clearance that MOFCOM has granted this … Continue Reading

Meeting Your Competitors – Think Before You Speak!

By Hayley Pizzey On 19 December 2016 the Competition and Markets Authority (CMA) issued two competition law infringement decisions in its galvanised steel tanks investigation. Cylindrical galvanised steel tanks store water in large buildings and supply the water for fire sprinkler systems. The first decision relates to a cartel (the main cartel). The second decision … Continue Reading

Environment: The Year Ahead

By Paul Davies, Antonio Morales, Jörn Kassow, Joachim Grittmann and Cesare Milani The year ahead presents a series of challenges and opportunities for the development of environmental law across Europe. Notably, the Paris Agreement came into effect on 4 November 2016 and is now binding upon the signatory countries. The European signatory countries will therefore be … Continue Reading

U.S.-Style Leveraged Lending Guidance Comes to Europe

By Alan Avery, Christopher Kandel, Markus Krüger and Axel Schiemann On 23 November 2016, the European Central Bank (ECB) published its draft guidance to banks on leveraged lending, launching a public consultation period that runs until 27 January 2017. The draft guidance is very similar to leveraged lending guidance issued by the US federal banking agencies in … Continue Reading

UK CMA Announces Closure of Investigation into PCWs for Energy Tariffs

By John Colahan and Calum Warren On 6 October 2016, the UK Competition and Markets Authority (CMA) announced the closure of its investigation into a suspected competition law breach by some price comparison websites (PCWs) for energy tariffs on the grounds of administrative priorities. The suspected competition law breach related to certain paid online search … Continue Reading

Infrastructure Investors: Is Your State Aiding You?

By Elisabetta Righini Investment in the infrastructure that keeps Europe running smoothly continues to be a big theme in European private equity. In every sector, from energy to sport, from transport to broadband, governments are increasingly calling in the private sector to build and operate infrastructure assets. Indeed, spending on infrastructure received a boost in … Continue Reading

Cartel Damages Litigation – Three Judgments in the Air Cargo Litigation that will Re-Shape the Landscape

By Alexandra Luchian In 2010, the European Commission found that 11 airlines were culpable of price fixing[1]. The alleged cartel was said to have operated between 1999 and 2007. The Commission decision gave rise to a number of cartel damages actions, including proceedings in the English courts; the English proceedings are some of the largest … Continue Reading

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