Louise Aberg
Subscribe to Louise Aberg's PostsLouise Aberg focuses her practice on US, EU and French antitrust law, including merger control, cartels, and abuse of dominance. Louise also regularly advises clients in relation to distribution strategies and compliance programs. She represents clients before the Federal Trade Commission, the Department of Justice, the European Commission, and the French Competition Authority. Read Louise Aberg's full bio.
The Court of Justice of the European Union (CJEU) Confirms the Commission’s Approach to Hybrid Settlements
By Louise Aberg on Mar 10, 2017
Posted In Cartel Enforcement, EC Developments
The case follows on from the Commission’s Animal Feed Phosphates cartel decision pursuant to which fines totalling €176 million were imposed on a number of producers of animal feed for price fixing and market sharing throughout the EEA. During the investigation into the infringement, all the companies involved engaged in settlement discussions with the Commission...
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French Competition Authority Imposes Its First Ever Fine for Gun-Jumping
By Louise Aberg and McDermott Will & Emery on Nov 9, 2016
Posted In French Developments, Mergers & Acquisitions
For the first time ever, on 8 November 2016 the French Competition Authority (FCA) sanctioned companies for implementing a transaction that had been notified to the FCA but not yet received a clearance decision, behaviour commonly known as “gun-jumping”.
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General Court of the EU Confirms Fines Imposed on Lundbeck and Generic Drug Manufacturers for Entering into Patent Settlements
By Louise Aberg on Sep 22, 2016
Posted In EU Developments, IP Antitrust, Joint Ventures/Competitor Collaboration
On 8 September 2016, the General Court of the EU (GCEU) handed down five judgments upholding a decision by the Commission of 19 June 2013 imposing fines on Lundbeck, an originator company, and Merck (the parent company of Generics), Arrow, Alpharma and Ranbaxy, four generic companies. The Commission found that the companies had entered into...
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Listed Companies: Dealing with Reporting Obligations in the Context of Antitrust Proceedings
By Louise Aberg and McDermott Will & Emery on Sep 14, 2016
Posted In EC Developments, Mergers & Acquisitions
Financial regulatory authorities such as the US Security and Exchange Commission (SEC) and the French Autorité des marchés financiers frequently impose on companies that are listed on a stock exchange the obligation to disclose key information to investors to help them make informed investment decisions. The difficulties for companies lie principally in the nature of...
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The Concept of Full-Function Joint Venture in the EU
By Jacques Buhart and Louise Aberg on Aug 26, 2016
Posted In EC Developments, Joint Ventures/Competitor Collaboration
In the European Union (EU), at the inception of a joint venture (JV), parent companies must determine whether the newly created structure presents a full-functionality nature, which depends on its degree of autonomy. The answer to this question will determine the legal framework applicable to it. On the one hand, if the JV is full-function...
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The European Court Of Justice Requires The European Commission To Provide Adequate Reasons For Its Requests For Information
By Louise Aberg on Jun 14, 2016
Posted In Cartel Enforcement, EC Developments
On March 10, 2016, the Court of Justice of the European Union (CJEU) rendered its judgment in the so-called Cement case, (C-247/14 P HeidelbergCement v Commission, C-248/14 P Schwenk Zement v Commission, C-267/14 P Buzzi Unicem v Commission and C-268/14 P Italmobiliare v Commission) ruling that the General Court of the European Union (GCEU) had...
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General Court of the EU Dismisses Trioplast Application Seeking Reimbursement of Interest Paid for Being Late in Paying Cartel Fine
By Louise Aberg on May 24, 2016
Posted In Cartel Enforcement, EC Developments
With a judgment handed down on 12 May 2016 (Case T-669/14, Trioplast Industrier AB v. European Commission), the General Court of the European Union (GCEU) dismissed an action brought by Trioplast Industrier AB (Trioplast Industrier) claiming the annulment of an alleged decision by the European Commission (EC) to ask Trioplast Industrier to pay interest for...
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CJEU to Rule on Extradition of EU Citizens in Criminal Antitrust Proceedings
By Christian Krohs and Louise Aberg on Apr 4, 2016
Posted In Cartel Enforcement, EC Developments, German Developments, Private Litigation
The first European citizen to be extradited from Europe to the United States for criminal antitrust conduct recently succeeded in having a Berlin court refer the matter of his extradition to the Court of Justice of the European Union (CJEU) in the context of his damages action with regard to his extradition, after a series...
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The European Court of Justice Rules against Overreaching Requests for Information by the European Commission
By Louise Aberg and McDermott Will & Emery on Mar 14, 2016
Posted In Cartel Enforcement, EC Developments
Last week, the Court of Justice of the European Union (ECJ) ruled that the General Court of the European Union (GCEU) had been wrong when deciding that the European Commission’s requests for information sent to eight cement manufacturers during the course of a cartel investigation were adequately reasoned (see judgments in casesC-247/14 P, HeidelbergCement v...
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General Court of the EU Upholds Cartel Fines of €131 Million Imposed on Toshiba and Mitsubishi Electric, Dismisses Arguments Based on Principle of Equal Treatment
By Louise Aberg on Jan 27, 2016
Posted In Cartel Enforcement, EC Developments, EU Developments
By two judgments of January 19, 2015 (Case T-404/12 Toshiba v. Commission and Case T-409/12 Mitsubishi Electric v. Commission), the General Court of the European Union (GCEU) upheld the fines of €131 million imposed by the European Commission (EC) on Toshiba and Mitsubishi for their participation in a cartel on the market for gas insulated...
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