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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
The end of access to essential facilities in Germany in practice?
August 26, 2010

On June 10, 2010, the Düsseldorf Court of Appeals issued a decision that increased the hurdles for obtaining access to essential facilities in Germany in practice (see WuW/DE-R 2941 et seq.). The…

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Frederic Depoortere  (Skadden, Belgium)
Microsoft / Yahoo! Search Business – Substantive issues – Counterfactuals, auctions and two-sided markets
August 23, 2010

In my last post, I focused on a procedural element of the Commission’s Microsoft/Yahoo! decision. The decision is also very interesting from a substantive point of view, and shows the Commission's…

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Damien Gerard  (College of Europe, Belgium)
Global Competition
August 18, 2010

With the recent adoption of competition law statutes in East and South Asia and reforms completed or under way in Latin America, among other developments, the design - and enforcement - of…

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Thomas Graf  (Cleary Gottlieb Steen & Hamilton LLP)
The General Court’s Judgment In AstraZeneca, Lessons For Market Definition And Dominance Analysis
August 17, 2010

On July 1, 2010, the European General Court rendered its judgment in the AstraZeneca case, dismissing for the most part AstraZeneca’s appeal against the Commission’s infringement decision of June…

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Frederic Depoortere  (Skadden, Belgium)
Microsoft/Yahoo! – the concept of a concentration
August 08, 2010

The Commission’s recent decision approving Microsoft’s acquisition of Yahoo!’s Search Business (including internet search and search advertising) contains an interesting application of the definition…

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Eric J. Stock  (Gibson, Dunn & Crutcher)
In U.S., It’s Getting Harder to Bring Consumer Antitrust Class Actions
July 31, 2010

One of the inevitable facts of life in the U.S. after a government antitrust investigation becomes public – especially if it is a cartel investigation with an amnesty applicant or guilty pleas – is…

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Anonymous
Court of Justice: A twenty-year duration of a State aid case does not amount to an "exceptional situation" under the State aid rules.
July 30, 2010

On March 11, 2010, the Court of Justice of the European Union (the “ECJ”) rendered a judgment (preliminary ruling) in response to two State aid questions referred to it by the French Conseil d’État (…

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Eric Barbier de la Serre  (Jones Day)
Google offers commitments to get off the radar screen
July 29, 2010

A case involving Google confirms that the French Competition Authority is keen on using a combination of interim measures and commitment proceedings in order help it quickly resolve maters which it…

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Frederic Depoortere  (Skadden, Belgium)
The Aer Lingus Judgment - When non-implementation is implementation, or not
July 22, 2010

On 6 July 2010, the General Court rejected Ryanair's appeal against the Commission's 2007 prohibition of its hostile take-over of rival Irish airline Aer Lingus. On the same day, the Court also…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
Increasing trend in cartel cases in Germany: settlements
July 21, 2010

The FCO issued three cartel decisions in June 2010: it imposed a (second) fine on coffee roasters on June 9 (€ 30 million), on manufacturers of ophthalmic lenses on June 10 (€ 115 million), and on a…

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