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Piotr Skurzyński , Maciej Gac  (Hogan Lovells)
Dawn raids in Poland - tighter rules on the gathering of electronic evidence
October 19, 2017

On March 7, 2017, the Polish Court of Competition and Consumer Protection, the ("CCCP"), issued an important judgment regarding the powers of the Polish Competition Authority, the ("PCA"), to search…

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Filip Wejman  (Karasek & Wejman )
Polish Competition Authority to Decide on Allegro E-Commerce Platform
October 13, 2017

Rzeczpospolita daily reported that UOKiK (Polish Office of Competition and Consumer Protection) is set to issue an important decision concerning a complaint against the online platform Allegro. Some…

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Kevin Coates , Siobhan L.M. Kahmann  (Covington & Burling LLP)
Welcome clarifications by the EU Court on the concept of excessive pricing
October 12, 2017

On the 14 September, the Court of Justice of the European Union provided detailed guidance on the concept of excessive pricing under Article 102 TFEU, in response to questions posed by the Latvian…

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Thomas Wilson  (Kirkland & Ellis, Belgium)
Document disclosure in international antitrust investigations
October 06, 2017

The approach to access to file and who can receive what information can deviate by jurisdiction which can be particularly relevant in international antitrust cases. The ongoing Qualcomm case is a…

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Philipp Werner , Yvan Desmedt , Henry de la Barre  (Jones Day)
European General Court rules (again) on Mandatory Access and Interoperability in Software Industry (T-751/15)
October 05, 2017

The GC's decision of 14 September 2017 relates to a complaint filed with the European Commission ('EC') by Contact Software, a German software supplier of Product Data Management ('PDM'). Contact…

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Laurent De Muyter , Alexandre G. Verheyden  (Jones Day)
Rewarding Loyalty: ECJ Holds that Loyalty Rebates Do Not Per Se Restrict Competition
September 28, 2017

In short: The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission's €1.06 billion fine on…

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Mark Wagh  (Sidley Austin LLP)
Fining provisions for worldwide cartels
September 26, 2017

Being a policeman is a difficult job at the best of times. Suspects inevitably think that they are innocent and resent the perceived unjustified intrusion on their law-abiding activities. At least…

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Jay Modrall  (Norton Rose Fulbright, Belgium)
EU Commission proposes new EU investment screening framework
September 15, 2017

On September 13, the European Commission (Commission) proposed a regulation creating a new framework for screening foreign direct investments into the European Union (EU).  The proposal would address…

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Michael Mayr  (MMRA)
Austria Asphalt – Some observations on the European Court of Justice’s judgment
September 14, 2017

On 7 September 2017, the European Court of Justice issued its preliminary ruling in Case C-248/16 Austria Asphalt. The judgment clarifies that a change from sole to joint control over an existing…

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Ian Giles  (Norton Rose Fullbright) , Jay Modrall  (Norton Rose Fulbright, Belgium)
Major victory for Intel as CJEU sends case back to General Court for re-examination
September 12, 2017

On 6 September, the EU’s highest court, the Court of Justice (CJEU), released its long-awaited decision in the Intel case, in which the Commission imposed a fine of €1.06 billion – at the time, the…

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