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Juridic - Doctrine
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![Show details for [<script>document.write("<a href='" + document.links[document.links.length-1] + "'>Administrative Law - Admini](/icons/expand.gif) | |
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![Hide details for [<script>document.write("<a href='" + document.links[document.links.length-1] + "'>Economic Law - Competition](/icons/collapse.gif) | |
| | New law relating to competition | The reform of the legal status of competition has been in preparation for some time. However, it is upon the recommendations of the European Commission, which favours the introduction of a new competition policy, and following the adoption of the new European Council Regulation no 1/2003 of December 16th, 2002 on the implementation of the competition rules laid down in Articles 81 and 82 of the Treaty of Amsterdam that Luxembourg decided to reform its legislation and to comply with European lws | | Published in 29-07-2004 by Emmanuelle Ragot |
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| | Assessing Mold Claims | Let's suppose you own a patent and want to enforce it against one of your competitors. Before you bring your suit, you review the patent's prosecution file and learn that the only independent claim had been narrowed during prosecution to overcome certain prior art. The original claim language required that a device's rotating arm measure at least 10 inches, but the amended language requires that it measure at least 20 inches. The accused device of your competitor meets all the elements of your ky claim but one - its rotating arm measures 19 inches | | Published in 07-06-2002 by David J.F. Gross |
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| | Distribution agreements under European competition law | This article aims at describing in a succinct manner the European rules applicable to distribution agreements since the entry into force of the new "block exemption regulation" in 2000 (See Regulation 2790/99 exempting certain categories of vertical agreements and Guidelines on Vertical restraint issued in 2000). | | Published in 10-05-2002 by Aurélien Condomines |
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| | Merger Control and portfolio effects | The taking into account of portfolio effects within the framework of merger control currently generates lively debates, in particular because of the recent decision of the European Commission prohibiting the GE/Honeywell merger. The GE/Honeywell merger did not result in a significant addition of market shares, because the two companies concerned were active on different markets or market segments. | | Published in 20-03-2002 by Aurélien Condomines, Avocat à la Cour |
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| | A lesson from the Tetra Laval / Sidel case: taking into account neighboring markets for the purpose of merger control | Some authors consider that every market is contestable and that - as a general rule - new products and competitors eventually succeed in eroding monopolist's market shares. As for Tetra Laval, it has enjoyed a monopoly for several decades with the carton packaging system known as "Tetra Pak", protected against competition from other carton packaging producers thanks to its ownership of various patents, its specific know how and a solid customer base. In recent years, however, Tetra has met withncreasing competition from other types of materials, and in particular from PET (plastic) bottles | | Published in 07-03-2002 by Aurélien Condomines, Avocat à la Cour |
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