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EU fiscal union deal raises paramount legal issues

The fiscal union deal achieved during the European Council summit of December 2011 constitutes a fundamental shift not in just in European political history and the path to EU integration, but also in terms of the legal basis on which Member States are bound to each other under International Law. In examining the deal, although [...]

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MiFID II likely to separate swap-based and physically-based ETFs

The European Commission’s proposals for Mifid II (as it is widely referred), released on 20 October, state: “Investment firms are allowed to provide investment services that only consist of execution and/or the reception and transmission of client orders, without the need to obtain information regarding the knowledge and experience of the client.” This will exclude [...]

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Western Union acquisition cleared by Cyprus Competition Authority

ANASTASIOS ANTONIOU LLC (“the Firm”), acting for THE WESTERN UNION COMPANY, has successfully filed and pursued the notification and obtained clearance of the concentration involving the acquisition by The Western Union Company of the international payments business operated by TRAVELEX. The Decision of the Cyprus Commission for the Protection of Competition was handed down on [...]

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German court injunction blocks Samsung Galaxy EU shipments in favour of Apple

A German court has granted Apple a preliminary injunction in the patent infringeent lawsuit, blocking the sale of Samsung’s Galaxy Tab 10.1 across Europe except the Netherlands. Apple has accused Samsung’s Galaxy range of smartphones and tablet computers of “slavishly” copying the design and functionality of its popular iPhone and iPad lines. The injunction is [...]

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USA airlines vs. EU climate policy

U.S. airlines stepped up their campaign against European Union climate policy on Tuesday, challenging the EU in the ECJ over the right to regulate their greenhouse gas emissions. The EU aims to lead the world in fighting climate change, and says it needs to put a price on carbon dioxide emissions to guard against future [...]

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First ‘hybrid’ decision by the European Commission in a cartel case

On July 20th 2010, the European Commission has concluded its first settlement of a cartel case in a hybrid scenario, where both the settlement and ordinary procedures were followed. It has fined producers of animal feed phosphates a total of €175 647 000 for operating a cartel that lasted over thirty years. Animal feed phosphates [...]

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Commission Regulation on competition rules for distribution of goods and services

The European Commission adopted yesterday a new Regulation that ‘block exempts’ distribution and supply agreements at different levels of the production and distribution chain. The existing Vertical Restraints Block Exemption Regulation (VRBER) and accompanying Guidelines were 10 years old. The Regulation and accompanying Guidelines take into account the development, in the last 10 years, of [...]

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Study on the quantification of damages for competition infringements

A Study from a consultancy, Oxera, has been produced for the European Commission on the matter of quantifying damages for competition/antitrust infringements.

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Renumbering of EC Treaty articles

The entry into force of the Lisbon Treaty means that the Treaty Establishing the European Community (EC Treaty) and the Treaty on European Union (TEU) have seen their articles renumbered. Articles 81 and 82 EC, the primary law competition provisions in the EU have become 101 and 102 respecticely. Download the Lisbon Treaty table of [...]

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