Covington Competition

Firm/Organization: Covington & Burling LLP

Blogs: Covington & Burling Network Dashboard, Covington Competition

Latest Articles

German Ministry of Economics and Energy publishes the draft Act on Digitalisation of German Competition Law

November 12, 2019

On 7 October 2019, the German Ministry of Economics and Energy published the draft Act on Digitalisation of German Competition Law (the “Draft Act”). The Draft Act proposes several key changes to the current competition rules in Germany, with an emphasis on what the proponents present as novel challenges that arise in digital markets and in connection with data. Subject to further revisions by the Federal Government, the Draft Act would enter into force during…

Covington Competition

Covington Alert: DOJ to Credit Compliance Programs and Consider Deferred Prosecution Agreements in Cartel Cases

By Covington Competition

July 26, 2019

On July 11, 2019, Assistant Attorney General Makan Delrahim announced fundamental and sweeping changes to the Division’s approach to corporate compliance policies that will bring it into line with other Department of Justice branches. In every case, the Division will now consider compliance programs in deciding whether to file criminal charges and in calculating fines. Also, when a company faces charges, Division prosecutors may now consider proceeding by way of deferred prosecution agreements (DPAs) rather…

Covington Competition

Advanced Competition Law Conference London – Joint Presentation on Recent EU Cartel Enforcement

By Covington Competition

June 26, 2019

On 14 May, Johan Ysewyn and Dirk Van Erps (DG COMP) gave a presentation on recent EU cartel enforcement at the annual Advanced EU Competition Law Conference in London. Their presentation covered developments in enforcement, policy, and court review between May 2018 and May 2019. There was not much cartel enforcement by the European Commission (“EC”) during the time period covered by the review. The EC issued only one settlement decision in Occupant Safety Systems …

Covington Competition

EU Court’s Partial Annulment of the Decision in the Servier Reverse Payment Patent Settlement Case

By Covington Competition

January 21, 2019

On 12 December 2018, the EU General Court (GC) delivered its judgment in the Servier reverse payment patent settlement case, the second GC judgment to date on reverse payment patent settlements (after the 2016 Lundbeck judgment). The GC confirmed that such agreements fall within the scope of Article 101 of the Treaty on the Functioning of the European Union (TFEU) and may constitute a restriction of competition by object. The GC also confirmed that,…

Covington Competition

A refusal to make a ‘Collective Proceedings Order’ in England can be appealed

By Covington Competition

November 28, 2018

In its 13 November 2018 judgment in Merricks v MasterCard, the English Court of Appeal (the CA) determined that a refusal by the Competition Appeal Tribunal (CAT) to grant a Collective Proceedings Order (CPO) can be appealed to the Court of Appeal. A CPO is the order by which the CAT authorises a class representative to act as such in the collective proceedings action and sets out certain basic details, such as the parties’ names,…

Covington Competition

Antitrust Damages in the English High Court

By Covington Competition

October 15, 2018

On 9 October 2018, the High Court of England and Wales handed down its first reasoned damages award in a follow-on antitrust damages claim (BritNed v ABB). Although BritNed had claimed damages of €180 million, the Court awarded it only €13 million plus simple interest. The claims for lost profits and compound interest were dismissed. In doing so, the Court provided important guidance to parties involved in antitrust damages claims in England, indicating…

Covington Competition

Luxury Goods Manufacturers May Block Certain Online Sales on Third-Party Platforms

By Covington Competition

December 11, 2017

By Jennifer Boudet, Miranda Cole and Gemma Nash. On 6 December 2017, the Court of Justice of European Union (CJEU) issued its long-awaited Judgment in Coty Germany GmbH v Parfümerie Akzente GmbH. Taking an approach similar to that adopted by Advocate General (AG) Wahl in his Opinion in July, the CJEU found that a supplier of luxury goods may prevent its authorised retailers from using third-party platforms in a “discernible” manner to sell its products,…

Covington Competition

E-Commerce in the EU, Covington & Laurence Simons General Counsel Seminar

By Covington Competition

December 6, 2017

On 30 November, Covington and Laurence Simons co-hosted a seminar on e-commerce in the EU for a variety of General Counsel from different industries. E-commerce continues to grow rapidly in Europe and is expected to be worth more than €600 billion in 2017. In this context, companies already active in the EU, or wishing to enter the European market, must familiarise themselves with the potential legal challenges ahead of them.…

Covington Competition

The European Court of Justice’s Judgment in Intel

By Covington Competition

September 6, 2017

Today the Court of Justice of the EU (CJEU) issued its long-awaited judgment in Intel Corporation Inc. v European Commission. It sets aside the judgment of the General Court (GC) on the basis that the judges failed to assess the effects of the loyalty rebate schemes implemented by Intel on competition in the EEA. The CJEU refers the case back to the GC.…

Covington Competition

German Ministry of Economics and Energy publishes the draft Act on Digitalisation of German Competition Law

Covington Alert: DOJ to Credit Compliance Programs and Consider Deferred Prosecution Agreements in Cartel Cases

Advanced Competition Law Conference London – Joint Presentation on Recent EU Cartel Enforcement

EU Court’s Partial Annulment of the Decision in the Servier Reverse Payment Patent Settlement Case

A refusal to make a ‘Collective Proceedings Order’ in England can be appealed

Antitrust Damages in the English High Court

Luxury Goods Manufacturers May Block Certain Online Sales on Third-Party Platforms

E-Commerce in the EU, Covington & Laurence Simons General Counsel Seminar

The European Court of Justice’s Judgment in Intel

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