Organisation: European Commission

Mastercard could have charged lawful MIFs in Merricks counterfactual, counsel argues

Counsel to Mastercard has claimed that the European Commission did not find all interchange fees to be unlawful as part of its infringement decision against the company and it could have charged legal rates absent its anticompetitive scheme.

17 January 2023

Merricks urges CAT to reject Mastercard’s counterfactual arguments in multi-billion pound class action

Walter Merricks has accused Mastercard of seeking “another bite of the cherry” in attempting to argue that absent its interchange infringement the credit card company would have set its fees at the highest possible rate that was legally allowed.

16 January 2023

ECJ sides with AG in EU damages directive application

National courts must have the power to order disclosure in antitrust litigation that has been suspended while a competition enforcer probes the same conduct, the European Court of Justice has ruled.

13 January 2023

ECJ sides with General Court in dismissing HSBC’s Euribor appeal

The EU’s General Court was right to largely reject HSBC’s appeal against the substance of the European Commission’s Euro Interbank Offered Rate cartel decision, although it failed to properly assess the company's presumption of innocence claims, the bloc’s highest court has ruled.

12 January 2023

ECJ endorses limited use of essential facilities doctrine

The European Court of Justice has confirmed that the European Commission was right not to analyse Lithuanian Railways’ track removal as a refusal to supply an essential facility, as the destruction of infrastructure can constitute an abuse of dominance in its own right.

12 January 2023

EU official seeks to quell concerns about DMA implementation

The European Commission will issue a new regulation governing the implementation of the Digital Markets Act “in good time” before the rules kick in this May, an official has said ahead of the agency’s new directorate launching next week.

11 January 2023

Mixed reactions to EU whistleblower tool expansion

EU competition lawyers have said the European Commission’s decision to expand the scope of its antitrust whistleblower tool to include merger infringements and state aid violations could allow the agency to focus more resources on cartel detection.

10 January 2023

EU consults on sustainability agreements exemption guidance

The European Commission has begun collecting feedback on draft guidelines covering the exemption of sustainability agreements in the agricultural sector from competition rules.

10 January 2023

Firms announce promotions in Europe

Hausfeld, Wilmer Cutler Pickering Hale and Dorr and Hogan Lovells have named new partners in London and Dublin, while the latter has promoted two competition specialists to counsel in Brussels and Germany.

06 January 2023

Merger filings down 40% in 2022, analysis finds

The US antitrust agencies received 40% fewer merger fillings last year in comparison to record-breaking figures from 2021, according to an analysis by White & Case.

04 January 2023

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