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CJEU: Evidence Disclosure In Follow-On Claims May Require Parties To Create New Documents

By Christoph Enaux, Robert Gago, Edoardo Gambaro, Robert Hardy & Chazz Sutherland on November 28, 2022
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Quiz_EU

On 10 November 2022, the Court of Justice of the European Union (CJEU) issued its preliminary judgment interpreting Article 5(1) of Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 (EU Damages Directive). The EU Damages Directive governs actions for damages for infringements of EU competition and Member State national laws.

Continue reading the full GT Alert.

Photo of Christoph Enaux Christoph Enaux

Christoph Enaux chairs the German Telecommunications Sector Group as well as the German Regulatory and Competition Practice Group.

Christoph advises on commercial and regulatory aspects of new business models in the TMT sector. His work covers the rollout and operation of both terrestrial…

Christoph Enaux chairs the German Telecommunications Sector Group as well as the German Regulatory and Competition Practice Group.

Christoph advises on commercial and regulatory aspects of new business models in the TMT sector. His work covers the rollout and operation of both terrestrial and satellite infrastructures and related regulatory matters.

In addition, he supports clients from various sectors on merger control, antitrust proceedings, foreign investment and export control law. His wide-ranging experience covers M&A and commercial contracts as well as administrative proceedings and regulatory and commercial litigation. As the head of the Digital Real Estate Focus Group, he also has a particular focus on the legal issues relating to the use of digital technologies in the real estate sector.

Prior to joining the firm, Christoph was a partner at Olswang in Berlin and worked in the Technology, Media and Telecommunications Group at Linklaters for five years.

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Photo of Robert Gago Robert Gago

Robert Gago is Head of the Competition and Consumer Protection Practice at the Greenberg Traurig Warsaw Office. He advises clients in the field of competition and consumer protection law and economic regulation. His experience includes representation in administrative anti-trust proceedings conducted by competition…

Robert Gago is Head of the Competition and Consumer Protection Practice at the Greenberg Traurig Warsaw Office. He advises clients in the field of competition and consumer protection law and economic regulation. His experience includes representation in administrative anti-trust proceedings conducted by competition enforcement agencies. Robert advises on competition law aspects of M&A projects and represents clients in merger proceedings before the Polish Competition Authority (UOKiK) as well as in procedures before the European Commission. He also represents undertakings in court proceedings regarding appeals against the decisions of authorities. Prior to joining Greenberg Traurig, he was head of the competition law practice at the Hogan Lovells Warsaw Office for 17 years.

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Photo of Edoardo Gambaro Edoardo Gambaro

Edoardo Gambaro focuses his practice on Italian and European antitrust law. He represents Italian and foreign companies in proceedings before the European Commission in the application of Articles 101, 102, and 108 of the TFEU (cartel, abuse of dominant position and state aid…

Edoardo Gambaro focuses his practice on Italian and European antitrust law. He represents Italian and foreign companies in proceedings before the European Commission in the application of Articles 101, 102, and 108 of the TFEU (cartel, abuse of dominant position and state aid matters). He also advises on EU procedural law, assisting companies in appellate proceedings before the EU General Court and the EU Court of Justice. He represents companies before the Italian Antitrust Authority and on appeal before the Italian administrative Courts.

Edoardo is experienced in the field of merger control, both at national and EU levels, and has advised various U.S. and European corporations on merger control filings. He has also dealt with other aspects of EU law, such as telecommunications law, pharmaceuticals law, freedom of establishment, and the free movement of services and capital, representing several companies before the Court of Justice in preliminary references submitted by Italian courts.

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Photo of Robert Hardy Robert Hardy

Dr. Robert Hardy, LL.M. (Harvard) is a Local Partner in the firm’s Amsterdam office. He advises clients on matters spanning a wide spectrum of economic sectors, including consumer products, energy, financial services, manufacturing, life sciences, TMT, and transportation.

Robert focuses his practice on:…

Dr. Robert Hardy, LL.M. (Harvard) is a Local Partner in the firm’s Amsterdam office. He advises clients on matters spanning a wide spectrum of economic sectors, including consumer products, energy, financial services, manufacturing, life sciences, TMT, and transportation.

Robert focuses his practice on:

  • Antitrust Litigation & Competition Regulation
  • International Trade
  • Regulatory & Compliance.

Antitrust Litigation & Competition Regulation

Robert’s practice covers a wide range of issues under European and Dutch competition law. He represents clients before the European Commission (EC), the Dutch Competition Authority (ACM), the Dutch administrative law courts, and the EU courts in matters relating to cartel defense, abuse of dominance, merger control, and State aid proceedings. Additionally, he represents clients before the Dutch civil law courts on issues relating to antitrust damages claims.

International Trade

Robert provides clients with guidance on ex-U.S. foreign investment review – e.g., foreign direct investment (FDI) / national security regimes –, intellectual property – standard essential patents (SEPs) and FRAND licensing disputes before the Dutch civil law courts –, transactions, import and export controls, and sanctions.

Regulatory & Compliance

Robert advises clients on a diverse range of EU and Dutch regulatory frameworks that impact business matters. He provides proactive and responsive advice and legal risk assessments to clients, assisting with day-to-day business transactions, counseling on the applicability and effect of regulations, and providing guidance on how to mitigate the risks of potential enforcement actions – e.g., helping clients build effective yet practical internal compliance programs, and advising companies on commercial agency, distribution, and franchise arrangements.

Robert is a member of the Amsterdam Sustainability Desk. The Sustainability Desk is available daily and provides assistance and support for real estate sustainability inquiries in the Netherlands and the EU. Please visit our dedicated Sustainability Desk page for more information.

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Photo of Chazz Sutherland Chazz Sutherland

Chazz Sutherland is a member of the Corporate Practice in Greenberg Traurig’s Amsterdam office. She focuses her practice on virtually all aspects of international trade, commercial agency, franchise and distribution, with a focus on EU and national competition law and EU regulatory issues…

Chazz Sutherland is a member of the Corporate Practice in Greenberg Traurig’s Amsterdam office. She focuses her practice on virtually all aspects of international trade, commercial agency, franchise and distribution, with a focus on EU and national competition law and EU regulatory issues, corporate transactions, and commercial contracting.

Chazz holds an LL.M. degree in commercial and corporate law from the University of Maastricht. She also studied international taxation and intellectual property law during an exchange program at York University – Osgoode Hall Law School in Toronto, Canada. Chazz is a member of the Dutch Bar Association.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    GT London Law Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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