A detailed effects assessment is likely to be essential when parties need to defend themselves against a Commission investigation or a competition law claim in relation to Article 101 TFEU. Effects based analysis will also need to be carried out when assessing the risk that an agreement restricts competition. This Practice Note outlines the principles for carrying out an effects analysis under Article 101(1) TFEU and explores their application to different types of agreement, including those related to determining the relevant counter-factual. There is also an outline of effects analysis under Article 101(3) and the Commission’s approach in recent investigations.
The analysis of the circumstances in which a dominant company may grant rebates to its customers to encourage them to purchase from it is one of the most complex and controversial aspects of Article 102 TFEU. This Practice Note details the approach to rebates of both the European Commission and the EU Courts, including the Intel case, placing developments in the context of the wider debate surrounding whether competition authorities should adopt a formalist or more economic (effects-based) based approach to Article 102 TFEU.
This Practice Note is about the practical issues that a tax lawyer should consider when advising on an M&A transaction in respect of which one of the parties will be taking out either warranty and indemnity (W&I) insurance, or tax risk insurance. This Practice Note was produced in partnership with Natasha Kaye of Cooley LLP.
This Practice Note considers product liability and product recall insurance.
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