McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsDisclosure of Leniency Application Can Lead to Withdrawal of Immunity in EU
By McDermott Will & Emery on Sep 22, 2011
Posted In EC Developments
by Martina Maier, Christoph Voelk and Philipp Werner On 9 September 2011, the European General Court in Deltafina ruled that the European Commission is entitled to withdraw the immunity of a leniency applicant in a cartel investigation if the leniency applicant discloses the fact that it had submitted a leniency application to the Commission and...
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French Court Orders French Competition Authority to Disclose Antitrust Investigation Documents
By McDermott Will & Emery on Sep 22, 2011
Posted In French Developments
by Philipp Werner and Lionel Lesur On 24 August 2011, the Commercial Court in Paris ordered the French competition authority, the Autorité de la concurrence (Autorité), to disclose documents relating to the settlement of an antitrust investigation in the context of a private damages action. This order could significantly strengthen the position of claimants in...
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Italian Competition Authority Fines Suppliers of Magnetic Resonance Equipment €5.5 Million
By McDermott Will & Emery on Sep 1, 2011
Posted In Healthcare Antitrust, Italian Developments
by Veronica Pinotti On 5 August 2011, the Italian Competition Authority levied fines totalling €5,538,750 on Alliance Medical S.r.l., Toshiba Medical Systems Italia S.r.l., Philips S.p.A. and Siemens S.p.A. Each firm produces and sells electro-medical equipment used for diagnostic imaging and together they represent approximately 68 per cent of Italian sales. The inquiry process started when...
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Italian Competition Authority Block Proposed Acquisition
By McDermott Will & Emery on Aug 9, 2011
Posted In Italian Developments
by Veronica Pinotti and Martino Sforza On 8 August 2011, the Italian Competition Authority blocked the proposed acquisition by Compagnia Valdostana delle Acque (CVA) of Deval and Vallenergia, both active in the retail sale of electricity in Valle d’Aosta, a mountain region in the north of Italy, close to the border with France. The case is interesting...
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EU’s Top Competition Court Rules that Companies Seeking Damages May Have Access to Leniency Statements
By McDermott Will & Emery on Jul 15, 2011
Posted In EC Developments, German Developments
by Martina Maier, Philipp Werner, Andrea Hamilton and David Henry A recent decision by the Court of Justice of the European Union may make it easier for prospective claimants to obtain at least those leniency statements and related materials that are submitted to the national competition authorities of the EU Member States. Companies doing business...
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Head of DOJ Antitrust Division Comments on Standard-Setting Organizations
By McDermott Will & Emery on Jun 29, 2011
Posted In DOJ Developments
by William Diaz The head of the United States Department of Justices’s (DOJ) Antitrust Division, Christine Varney, gave a speech to the Chamber of Commerce on June 24, 2011. One of the topics she discussed involved IP/antitrust issues regarding standard-setting organizations (SSOs). Provided below is the excerpt from her remarks dealing with this topic. While...
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German Supreme Court Allows Indirect Purchaser Claims and Passing-On Defence in Cartel Damages Actions
By McDermott Will & Emery on Jun 29, 2011
Posted In Cartel Enforcement, German Developments
by Martina Maier and Philipp Werner On Tuesday, June 28, 2011, the German supreme court (Bundesgerichtshof-BGH) has clarified two important questions concerning cartel damages actions in Germany. First, indirect purchasers as well as direct purchasers are entitled to seek damages from cartel members. Second, cartel members can use the "passing-on" defence and argue that their...
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UK Competition Regulator Issues Guidance on How Businesses Can Comply With Competition Laws
By McDermott Will & Emery on Jun 29, 2011
Posted In Uncategorized
by Andrea L. Hamilton and David Henry The UK Office of Fair Trading (OFT) has issued an overview of competition law and steps that companies can take to comply with competition law. This advice was issued in response to the results of a survey carried out on behalf of the OFT, in which a sizable...
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