Antitrust Unpacked - Antitrust Law Blog

Category 'EU Cartels'

April 9, 2018

2018 S&S Annual Antitrust Report

Shearman & Sterling publishes its sixth annual Antitrust Annual Report today. The 2018 Report discerns two key trends – a global resurgence of controls on foreign direct investment and the focus on ‘fairness’ developing in the European Union (EU). The report also discusses various other important developments in international competition law enforcement.

Categories: EU Antitrust Basics, EU Cartels, EU Distribution, EU Enforcement, EU Mergers, US Antitrust Basics, US Cartels, US Distribution, US Enforcement, US Mergers

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June 13, 2016

Goeteyn and Rawnsley Author Article on EU Damages Directive and Access to Evidence for Antitrust Damages Actions

Partner Geert Goeteyn (Brussels–Antitrust) and counsel Collette Rawnsley (London–Antitrust) have authored an article in The Strategic View – Competition Litigation 2016 on “The EU Damages Directive and Access to Evidence for Antitrust Damages Actions.” In this article, the authors consider how the EU Damages Directive seeks to provide victims of competition law infringements with easier access to evidence for the purposes of private damages actions, while preserving the effectiveness of public enforcement tools.

Categories: EU Antitrust Basics, EU Cartels, EU Distribution, EU Enforcement

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May 26, 2016

Antitrust Annual Report Surveys Recent Antitrust Developments

In its 2016 Annual Report, Shearman & Sterling's Antitrust Group discusses 19 major trends in antitrust law worldwide in merger control, cartels, compliance, unilateral conduct, antitrust litigation, and state aid.

Categories: EU Antitrust Basics, EU Cartels, EU Distribution, EU Enforcement, EU Mergers, US Antitrust Basics, US Cartels, US Distribution, US Enforcement, US Mergers

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March 11, 2016

Launch of First UK Opt-Out Class Action

October 1, 2015, marked the entry into force of the Consumer Rights Act 2015 (“CRA”), bringing with it an opt-out class action regime for the private enforcement of infringements in competition law. Now, in March 2016, the first UK opt-out class action has been launched; but is this a suitable ‘test case’?’

Categories: EU Antitrust Basics, EU Cartels, EU Enforcement

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December 23, 2015

Airfreight: Major Defeat for the European Commission

The General Court annulled the airfreight decision adopted in November 2010 by which the European Commission fined a number of air freight carriers EUR 799 million for a price fixing cartel. According to the Court, the grounds of the decision and the operative part of the decision were contradictory. See here for our analysis of the case.

Categories: EU Cartels

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April 7, 2014

DOJ Scores First Antitrust Extradition: More to Come?

With Friday’s announcement of the first-ever extradition of a foreign executive on criminal antitrust charges to the United States, the U.S. Department of Justice has won a major victory in its effort to prosecute and deter international cartels. Combined with the increased international trend towards criminalization of cartel activity, Friday’s extradition announcement represents a significant cautionary precedent for corporations and individuals alike.

Categories: EU Cartels, US Cartels

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April 7, 2014

Cartel Fines: Liability of Private Equity Funds

The European Commission has held Goldman Sachs jointly and severally liable for a cartel infringement committed by Prysmian, an Italian cable maker formerly owned by Goldman Sachs’ private equity arm. The decision is a stark reminder that EU competition law allows the corporate veil to be readily pierced and that private equity companies are no exception.

Categories: EU Cartels

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March 24, 2014

Beware of Public Announcements! Recent European Competition Developments on Price Signalling

Forward public announcements of prices and outputs are common in many industries. The effect of such announcements on competition has traditionally been considered ambiguous. Partly for that reason, simple price announcements have been difficult for the agencies to attack under the antitrust rules in the absence of evidence of actual collusion. While there have been a few challenges in the US over the years, there is little precedent. However, recent action by the European Commission and some Member States appears designed to send a clear signal: agencies are prepared to be more aggressive about future pricing announcements. Hence it may be wise to revisit the traditional compliance approach to public price statements on either side of the Atlantic.

Categories: EU Antitrust Basics, EU Cartels

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