On May 10, 2011, the FCO fined Interseroh in the amount of €206,000 for having implemented a concentration without merger approval. The decision is the second instance this year in which the FCO imposed a fine for implementing a merger without approval, and the second in which the FCO settled dissolution proceedings. Interestingly, it seems…

In its recent TeliaSonera judgment, the Court of Justice discusses whether a margin squeeze can only be abusive if the dominant company has a duty to supply the input at issue. The Court concludes that a duty to supply is not needed. The judgment, however, does not offer a clear definition of the scope for…

To commemorate his first year in office as Competition Commissioner, Mr. Almunia and José openly discuss current and future competition policy issues.The full interview for World Competition is posted in Mr Almunia’s webpage http://ec.europa.eu/commission_2010-2014/almunia/index_fr.htm Amongst the varied topics covered in this interview the following are worth highlighting: Fines and Damages for Competition law infringements; the…

The European Commission’s Phase II decision of 17 November 2010 concerning Syngenta’s acquisition of Monsanto’s sunflower seeds business raises a number of questions. First, it took the European authorities long to decide who should review the case. The transaction was signed in August 2009 – it did not have an EU dimension and was notifiable…

Lawyers do funny things to words. Sometimes, of course, they need to create a technical term to cover something that doesn’t exist in ordinary parlance. “Tort” is an obvious example. Yes, you can talk about a civil wrong that has no element of contract to it but that’s a longwinded way of expressing yourself. Most…

In her recent Opinion in the KME case, AG Sharpston ventured a few considerations on the nature of EU antitrust decisions and on the due process requirements arising from Article 6 of the European Convention on Human Rights (ECHR) on the right to a fair trial, to be added to a growing list of signals perceptible in recent judgments of a progressive move toward a broader interpretation of the EU Courts unlimited jurisdiction and, possibly, the exercise of full appellate jurisdiction over Commission decisions imposing fines.

On the 2nd of December 2010 the Brazilian Senate approved the text of a new competition act. The draft legislation has been pending in the Brazilian Parliament since 2005, when it was proposed by the Government. After a long parliamentary debate, in December 2009 the draft law was passed by the Chamber of Representatives. The…

Co-authored by: David Little The U.K. Court of Appeal has recently rebuffed an attempt by Plaintiff’s firm, Hausfeld, to bring a collective “opt out” style action using Rule 19.6 of the CPR rules (Emerald Supplied Limited v. British Airways [2010] EWCA Civ. 1284). The claim arose from the European Commission’s investigation into the alleged air cargo…

One of the ‘novelties’ of the Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements, released by the Commission on Dec. 14, 2010 (“Guidelines”), is a whole new chapter devoted to exchanges of information. The Commission claims that such new section “is the…