Searching Content indexed under Cartels, Monopolies by De Brauw Blackstone Westbroek N.V. ordered by Published Date Descending.
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Commission Recovers From Turbulence And Re-Adopts Air Cargo Decision
The Commission recently re-adopted its air cargo cartel decision after the General Court annulled its original decision for inconsistencies on procedural grounds.
17 May 2017
Commission Can Use Cartel Intel From Agencies Active In Areas Other Than Competition
The European Court of Justice recently confirmed that in proving a cartel, the Commission can rely on evidence legally transmitted to it by a national tax authority.
17 May 2017
Parent Companies May Pay For Subsidiary's Time-Barred Wrongs
It should be no surprise to companies that they may be held liable for their subsidiaries' cartel wrongdoings.
17 May 2017
The Leniency Dilemma Revisited
Leniency applicant Evonik recently managed to successfully block the publication of a more detailed version of an earlier cartel decision. Time will tell whether this success is a Pyrrhic victory.
European Union
20 Apr 2017
To Settle Or Not To Settle: All Bets Off In Cartel Cases
Losing out on the 10% fine reduction in return for settling isn't the only risk when pulling out of settlement negotiations with the European Commission.
27 Feb 2017
Tetra Pak Receives Record Fine For Abuse Of Market Dominance In China
SAIC is the competent authority for enforcement of non-price related competition rules in China.
14 Dec 2016
For Your Eyes Only: No Disclosure Of Settlement To Other Cartel Members
The District Court of The Hague recently clarified that a claimant in a cartel damages action does not have to disclose a settlement agreement with a defendant to the co-defendants.
17 Nov 2016
Court Hears Cartel Damages Claim Despite Arbitration Clause
An arbitration clause did not prevent the Rotterdam District Court from considering itself competent to review a damages claim initiated by a litigation vehicle against a number of lift manufacturers...
20 Jul 2016
A Subsidiary's Disobedience No Reason To Let Parent Company Off The Hook
According to settled case law, there is a rebuttable presumption that a parent company exercises decisive influence over its wholly-owned subsidiary and can be held responsible for the subsidiary's cartel conduct.
European Union
19 Jul 2016
Dutch Supreme Court Clarifies The Passing-On Defence In Cartel Damage Cases
Today the Dutch Supreme Court ruled in TenneT/ABB on the application of the passing-on defence in cartel damage cases.
14 Jul 2016
China Clarifies Conditions For Monopoly Agreement Exemptions
The Chinese competition regulator NDRC has issued a set of draft guidelines to specify the general conditions and procedures for exemption from the prohibitions on monopoly agreements.
22 Jun 2016
Information Requests In Competition Investigations: No Fishing Please
A recent ruling by the European Court of Justice clarifies that companies should put more thought into answering requests for information by the European Commission.
European Union
18 Apr 2016
Summer Is Coming! And So Are Hefty Cartel Fines
The Act increasing the maximum fine that the Authority for Consumers and Markets can impose for cartel infringements is set to enter into force on 1 July 2016.
18 Apr 2016
Mum's The Word: Antitrust Risks Of Public Announcements
The European Commission recently published draft commitments by a number of container liner shipping companies to refrain from making regular public announcements about future price increase intentions.
European Union
15 Mar 2016
The First Blow Is Half The Battle: The Torpedo In (International) Legal Proceedings
Daan Beenders and Wouter Hofstee describe the relevance of procedural law for strategic considerations in international litigation.
20 Jan 2016
Transcripts Of Oral Leniency Statements Should Be Disclosed
Oral leniency statements do not enjoy the intended protection against disclosure.
15 Jan 2016
European Commission Back To The Drawing Board After Air Freight Fright
The General Court agreed with the air carriers on there being a contradiction between the grounds and the operative part of the contested decision.
European Union
14 Jan 2016
Cartel Facilitators No Better Than Participants
Participating in a cartel as well as contributing to the implementation of a cartel can lead to substantial fines.
European Union
18 Nov 2015
Air Cargo Cartel Damages Litigation: Determining Jurisdiction For Follow-On Damages Claim
Dispute Resolution analysis: in July 2015 the Amsterdam District Court concluded that there had been no abuse of procedural law by KLM in a case related to alleged freight cargo price fixing.
10 Nov 2015
No "One Stop Shop" For Leniency Applications
According to Advocate General Wathelet, there is no legal connection between a leniency application filed with the European Commission and a summary application made to a national competition authority for the same cartel.
European Union
20 Oct 2015
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