Sean-Paul Brankin is a senior counsel in the firm's Brussels office and a member of Crowell & Moring's Antitrust & Competition Group. Sean-Paul focuses his practice on issues involving EU and UK antitrust law, including merger control and counseling. Among others, Sean-Paul has extensive experience counseling clients on the IP/antitrust interface and dominance issues across the range of their activities. He has been involved in contentious matters before the European Commission and UK authorities and has litigated cases before the European Community courts, the Competition Appeals Tribunal in the UK and national courts in the UK and elsewhere. Sean-Paul has significant experience working with clients in a number of industries, including pharmaceuticals, food and FMCG, chemicals, video games, and financial services. He also has experience advising gambling operators on French, UK, and European competition law and on strategies to use competition law as a means for opening up local markets.
Sean-Paul received a first class law degree from the University of Cambridge in 1991 and an LL.M. from the University of Virginia in 1992. He taught UK constitutional and administrative law at Kings College London during the academic year of 1993/1994.
Before joining Crowell & Moring, Sean-Paul was a Legal Director at the UK Office of Fair Trading where he headed the competition team in the OFT's legal and policy unit and acted as the OFT's lead adviser on UK mergers, with cases including BSkyB/ITV, NASDAQ/LSE and BA/Flybe. Prior to joining the OFT Sean-Paul worked from 1994 in private practise advising on EU and UK antitrust law for Lovells in London and Cleary, Gottlieb, Steen & Hamilton in Brussels and Paris.
Sean-Paul is a regular speaker on competition matters.
Sean-Paul is recommended by Chambers Europe, Chambers Global, and Legal 500 EU & Global in competition law, consistently cited as “creative and strategic,” and having “excellent knowledge of competition law and the ability to quickly identify the key points and advise accordingly.”
Affiliations
Admitted as a Solicitor in England and Wales; also admitted to practice in Belgium and before the European Court.
Highlights, News & Knowledge
Speeches & Presentations
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"Le Gun-Jumping à la lumière des pratiques internationale," TM Law/Smith & Williamson, Paris, France
(December 12, 2019).
Moderator: Sean-Paul Brankin.
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"Compliance and Ethics in the European Commission," ABA Antitrust Section Teleconference
(December 3, 2019).
Speaker: Sean-Paul Brankin.
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"Cartel Litigation - International Year in Review," EU Competition Law: Current Issues in a Global Context, Brussels, Belgium
(May 19, 2017).
Panel Chair: Sean-Paul Brankin.
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"Cooperating Safely with Competitors," International Chamber of Commerce UK Compliant Collaboration Workshop, London
(May 27, 2015).
Presenter: Sean-Paul Brankin.
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"Antitrust Update," ABA Antitrust Section Teleconference, sponsored by the Corporate Counseling Committee
(May 2015).
Presenters: Shawn R. Johnson, Chahira Solh, Mary Anne Mason, Sean-Paul Brankin, and Olivier Antoine.
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"Technology Transfer Agreements - The New European Block Exemption," Crowell & Moring Seminar, Brussels, Belgium
(October 9, 2014).
Speakers: Thomas De Meese and Sean-Paul Brankin.
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"Abuse of Dominance: Excessive Pricing and Prioritisation," Queen Mary/Crowell & Moring Global Competition Conference, Brussels
(May 16, 2014).
Speaker: Sean-Paul Brankin.
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"Latest Developments on Key Issues," IBC Cartel Risks & Compliance Conference, Brussels, Belgium
(March 7, 2013).
Presenter: Sean-Paul Brankin.
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"Information Exchange and Hub and Spoke Cartels," EMLO - 18th Annual Conference - European Competition Law and State Aid, Hamburg, Germany
(October 19, 2012).
Presenter: Sean-Paul Brankin.
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"Information Exchange, Interactive Session," IBC's Frequently Raised Questions in Competition Law Compliance Conference 2012, Brussels, Belgium
(October 11, 2012).
Presenter: Sean-Paul Brankin.
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"Patent Settlement Agreements under US and EU Antitrust Rules in an Era of Heightened Regulatory Scrutiny," C5 Biotech & Pharma Patenting Conference, London, UK
(October 11, 2012).
Speaker: Sean-Paul Brankin.
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"The Abuse of Dominance, Article 102, Key Principles and Recent Decisions," EU Competition Law Summer School, Cambridge
(August 7, 2012).
Presenter: Sean-Paul Brankin.
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"Patent Settlement Agreements: A Generic Standpoint," SMi’s Generics, Supergenerics and Patent Strategies conference - London, UK
(May 14-15, 2012).
Speaker: Sean-Paul Brankin.
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"Parental Liability - An Issue That Won't Go Away," IBC Legal's 5th Annual Conference: Cartel Risks & Compliance 2012 - Brussels, Belgium
(March 21, 2012).
Speaker: Sean-Paul Brankin.
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"7th Annual Conference on EU Pharma Law & Regulation," Le Meridien Hotel, London, UK
(February 22-23, 2012).
Speaker: Sean-Paul Brankin.
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"Disclosure of Prior Art and Forthcoming Antitrust Issues," C5's 4th Annual Conference on 'Pharma & Biotech Patent Litigation', Amsterdam
(January 31 - February 1, 2012).
Speaker: Sean-Paul Brankin.
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"Antitrust Distribution: Up All Night: Distribution Risk as a Leading Cause of Insomnia," Crowell & Moring Product Risk Management Seminar
(October 19, 2011).
Moderator: Ryan Tisch. Panelists: Melanie Sabo (Federal Trade Commission); Laura Jones (Avaya); Sean-Paul Brankin; Robert Lipstein.
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"Some Legal Rules of the Road for Non-brand gTLDs: Competition and Community," webinar
(September 28, 2011).
Presenters: Bart Lieben and Sean-Paul Brankin.
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"Horizontal Agreements," IBC Competition Law Summer School, Cambridge
(August 2011).
Presenter: Sean-Paul Brankin.
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"The EU Horizontal Guidelines," LexisNexis/Butterworths Webinar, London
(April 6, 2011).
Chair: Sean-Paul Brankin.
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"Information Exchange and Hub-and-Spoke Cartels," IBC Cartel Risks & Compliance Event, Brussels
(March 29, 2011).
Co-presenters: Sean-Paul Brankin and Edward Anderson, Head of Competition Law, Sainsbury’s Supermarkets Ltd.
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"Commercial Agreements," Hawksmere Competition Law and the In-House Lawyer Event, London
(March 8, 2011).
Speaker: Sean-Paul Brankin.
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"Patent strategies towards generics," ERA Training of national judiciaries, Trier, Germany
(February 17, 2011).
Speaker: Sean-Paul Brankin.
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"Settlements and Anti-Competitive Behaviour: the Sector Inquiry One Year On," C5 Pharma and Biotech Patent Litigation Event, Amsterdam
(January 27, 2011).
Speaker: Sean-Paul Brankin.
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"Commercial Agreements," Hawksmere Competition Law and the In-House Lawyer Event, London
(September 22, 2010).
Presenter: Sean-Paul Brankin.
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"Horizontal Agreements," IBC Competition Law Summer School, Cambridge
(August 2010).
Presenter: Sean-Paul Brankin.
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"Resale Price Maintenance (RPM), the New EU Regime," GCR New Vertical Restraints Regime Event, Brussels
(June 8, 2010).
Speaker: Sean-Paul Brankin.
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"Competition Roundtable on Trends in Retail Developments," Oxford Institute of European and Comparative Law
(May 28, 2010).
Chairman: Sean-Paul Brankin.
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"EU Antitrust Trends and Developments," IBC In-house Counsel Event
(May 25, 2010).
Presenter: Sean-Paul Brankin.
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"Competition law, patent strategies and patent settlements," ERA - Biennial Conference on European Pharmaceutical Law, Brussels (Belgium)
(April 15-16, 2010).
Presenter: Sean-Paul Brankin.
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"Information exchange & hub and spoke cartels," IBC Conference - Cartel Risks and Compliance 2010, Brussels (Belgium)
(March 25, 2010).
Presenter: Sean-Paul Brankin.
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"Multinational Cartel Investigations," IBC Advanced Competition Law Event, Brussels
(November 18, 2009).
Panelist: Sean-Paul Brankin.
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"Compliance Issues: RPM, Category Management & Information Exchange," British Institute of International and Comparative Law event, London
(October 15, 2009).
Presenter: Sean-Paul Brankin.
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"Commercial Agreements," Hawksmere Competition Law and the In-House Lawyer Event, London
(September 24, 2009).
Presenter: Sean-Paul Brankin.
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"Horizontal Agreements," IBC Competition Law Summer School, Cambridge
(August 2009).
Presenter: Sean-Paul Brankin.
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EC Pharmaceutical Sector Inquiry Lunch Seminar, Final Report, Brussels, Belgium
(July 14, 2009).
Co-Presenters: Sean-Paul Brankin and Dominik Schnichels.
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"Antitrust Compliance: Resale Price Maintenance, Information Exchange and Category Management," ECR European Forum and Marketplace, Barcelona, Spain
(June 3, 2009).
Co-Presenters: Sean-Paul Brankin and Werner Berg.
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"Remedies to abuses of buyer power," Oxford Institute of European and Comparative Law
(May 22, 2009).
Presenter: Sean-Paul Brankin.
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"The IP/Antitrust Interface: Patent Thickets, Litigation and Evergreening," ICC & C&M Annual Conference 2009
(May 15, 2009).
Presenter: Sean-Paul Brankin
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"Antitrust Update," ABA Antitrust Section Teleconference, sponsored by the Corporate Counseling Committee
(May 2009).
Co-Presenters: Jeffrey Blumenfeld, Christine L. White, Shawn R. Johnson, Daniel L. Zelenko and Sean-Paul Brankin.
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"Cartel Enforcement, Leniency and Settlement", IBC Advanced Competition Law Event, London
(April 22, 2009).
Panelist: Sean-Paul Brankin.
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"Private Enforcement: The changing environment," IBC Legal Conferences: Cartel Risks - Discussing major legal challenges and developments in Europe, Brussels
(March 6, 2009).
Presenter: Sean-Paul Brankin.
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"Commercial Agreements," Hawksmere Competition Law and the In-House Lawyer Event, London
(March 5, 2009).
Presenter: Sean-Paul Brankin
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"Assessing the Future of Patent Litigation and Settlement Agreements Following the EC Sector Inquiry," C5 Pharma & Bio Patent Event, Amsterdam
(February 17, 2009).
Presenter: Sean-Paul Brankin.
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"The UK Groceries Sector Inquiry," IBC UK Competition Law Conference, London
(December 10, 2008).
Presenter: Sean-Paul Brankin.
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EC Pharmaceutical Sector Inquiry Lunch Seminar, Interim Report, Brussels, Belgium
(December 5, 2008).
Co-Presenters: Sean-Paul Brankin and Dominik Schnichels.
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"Horizontal Agreements," IBC Competition Law Summer School, Cambridge
(August 2008).
Presenter: Sean-Paul Brankin.
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"The Commission's Settlement Proposals-heading in the right direction?," Dealing with Cartel Risk, IBC Conference
(February 27, 2008).
Presenter: Sean-Paul Brankin.
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"The interplay between leniency, fines and private actions for damages," Academy of European Law Seminar, Leniency and Fines: Instruments for Enforcing EC Competition Law
(October 18-19, 2007).
Presenter: Sean-Paul Brankin.
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"La coordination de politiques de concurrence au sein de l'Union européenne: The Implications of Greater Private Enforcement," Colloque - IEP Paris
(October 11, 2007).
Presenter: Sean-Paul Brankin.
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"OFT's Current Priorities and Practices," Hawksmere limited Seminar: Competition Law and the In-house Lawyer
(October 9, 2007).
Presenter: Sean-Paul Brankin.
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"Horizontal Agreements," IBC Competition Law Summer School, Cambridge
(August 2007 and 2006).
Sean-Paul Brankin.
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"An Introduction to EU Competition Law," IBC Competition Law Summer School
(August, 2005).
Presenter: Sean-Paul Brankin.
Publications
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"Illumina/PacBio: Killing A Killer Acquisition, Or The Birth Of Nascent Competition Enforcement?" GCR
(January 22, 2020).
Authors: Alexis J. Gilman, Sean-Paul Brankin, Olivier N. Antoine, Evi Mattioli and Eric Ashby.
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"E-Commerce in Europe: More Fines, More Problems (For Brand Owners)" Crowell & Moring's Retail & Consumer Products Law Observer
(August 9, 2019).
Authors: Sean-Paul Brankin and Marieke Van Nieuwenborgh.
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"E-commerce in Europe: Guess’ €40 Million Fine and Brand Names in Online Advertising," Crowell & Moring's Retail & Consumer Products Law Observer
(July 2, 2019).
Authors: Sean-Paul Brankin and Evi Mattioli.
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"E-Commerce in Europe: A Look at the Ongoing Impact of the European Commission’s 2017 E-Commerce Sector Inquiry," Crowell & Moring's Retail & Consumer Products Law Observer
(June 4, 2019).
Authors: Sean-Paul Brankin and Marieke Van Nieuwenborgh.
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"E-Commerce in Europe: A Look into Nike’s Recent Antitrust Fines," Crowell & Moring's Retail & Consumer Products Law Observer
(May 9, 2019).
Authors: Sean-Paul Brankin and Marieke Van Nieuwenborgh.
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"Guess What... Increasing Focus on Online Distribution and a New Type of Infringement," Competition Law Insight
(March 29, 2019).
Authors: Sean-Paul Brankin, Evi Mattioli, and Laura van Kruijsdijk.
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"Germany's Facebook Decision Likely Won't Be Influential," Law360
(March 11, 2019).
Authors: Sean-Paul Brankin and Evi Mattioli.
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"Huawei/ZTE: Towards a More Demanding Standard of Abuse in Essential Patent Cases," Journal of European Competition Law Practice, Vol. 7, No. 8
(November 2016).
Authors: Sean-Paul Brankin, Dr. Salomé Cisnal de Ugarte, and Lisa Kimmel.
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"The Substantive Standard Behind the Object/Effect Distinction Post-Cartes Bancaires," European Competition Law Review, Vol. 37, Issue 9
(2016).
Author: Sean-Paul Brankin.
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"2015 Antitrust M&A Year in Review," Crowell & Moring LLP
(January 2016).
Co-Authors: Wm. Randolph Smith, Olivier N. Antoine, Sean-Paul Brankin, Dr. Salomé Cisnal de Ugarte, Thomas De Meese, Shawn R. Johnson, Lisa Kimmel, Arthur N. Lerner, Mary Anne Mason, Joseph M. Miller, Jeane A. Thomas, Ryan C. Tisch, and Michael G. Van Arsdall.
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"Huawei: Injunctions & Standard Essential Patents: Is Exclusion a Foregone Conclusion?" Antitrust Magazine
(Fall 2015).
Authors: Sean-Paul Brankin, Dr. Salomé Cisnal de Ugarte, and Lisa Kimmel.
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"Regulatory Forecast 2015: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2015).
Contributor.
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"European Union," The International Comparative Legal Guide (ICLG) Merger Control 2013, A Practical Cross-Border Insight into Merger Control Issues, Ch. 19, p. 121-130
(November 2012).
Co-Authors: Werner Berg and Sean-Paul Brankin.
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European Commission Enforcement in the Pharmaceutical Sector: Less Than Expected? The Boehringer Case Closure Suggest As Much, CPI Antitrust Chronicle
(July 2012).
Author: Sean-Paul Brankin.
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"The first cases under the Commission's cartel settlement procedure: problems solved?" ECLR, Volume 32: Issue 4, pp. 165-169
(2011).
Author: Sean-Paul Brankin.
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"Das AstraZeneca-Urteil des Gerichts der Europäischen Union," Europäische Zeitschrift für Wirtschaftsrecht (EuZW), 3/2011, p. 91-94
(2011).
Co-Authors: Werner Berg and Sean-Paul Brankin.
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"The AstraZenaca Judgment: A Green Light for Further Action on Pharma and IP," Competition Policy International Antitrust Journal
(September 30, 2010).
Author: Sean-Paul Brankin.
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"An EU Competition Law Perspective on Reverse Payments," WIPO Magazine
(February 2010).
Author: Sean-Paul Brankin.
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"Patent settlements and competition law: where is the European Commission going?" Journal Of Intellectual Property Law & Practice
(November 2009, Volume 5, Issue 1, pp. 23-28).
Author: Sean-Paul Brankin.
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"Building an Effective Antitrust Compliance Program in Europe," ACC Docket European Briefing
(June 2009).
Co-Authors: Sean-Paul Brankin and Dimitri de Bournonville.
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"The Pharmaceuticals Sector Inquiry: Anything to Report?" Global Competition Policy (GCP) Magazine
(November 2008).
Author: Sean-Paul Brankin.
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"All Settled: Where Are The European Commission's Settlement Proposals Post Consultation?" Competition Law Journal
(2008).
Author: Sean-Paul Brankin.
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"Cartel Damages Actions in Germany and England: The Case Law Experience to Date," Finnish Competition Law Yearbook
(2008).
Co-Authors: Sean-Paul Brankin and Annette Schild.
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"Introduction to EU Competition Law," 2005, ed. P. Willis; Ch 1 An Introduction to Competition Law
(March 1, 2005).
Author: Sean-Paul Brankin.
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"Workplace Survival Guide to Competition Compliance: Module 1, The Basis for Competition Law and How it Affects Your Business," Informa Professional Development
(2005).
Author: Sean-Paul Brankin.
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"The application of the UK Competition Act 1998 to joint venture agreements," ECLR, p. 175 -179
(1/03/2000).
Author: Sean-Paul Brankin.
Client Alerts & Newsletters
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"Annulment of EC Prohibition of Telecoms Merger Creates Uncertainty for Mergers in Tight Markets,"
Antitrust Law Alert
(August 12, 2020).
Contacts: Thomas De Meese, Wm. Randolph Smith, Sean-Paul Brankin, Marieke Van Nieuwenborgh
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"EU Court of Justice Confirms Approach to Reverse Payment Settlements,"
Antitrust Law Alert
(March 25, 2020).
Contacts: Sean-Paul Brankin, Kristof Roox, Thomas De Meese
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"European Commission Continues Promotion of Cartel Damages Claims in Pass-On Guidelines,"
Antitrust Law Alert
(July 30, 2019).
Contacts: Sean-Paul Brankin, Marieke Van Nieuwenborgh
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"EU Regulates Online Platforms and Search Engines,"
Antitrust Law Alert
(July 29, 2019).
Contacts: Thomas De Meese, Sean-Paul Brankin, Karl Stas
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"European Commission Ramps up Procedural Penalties in Merger Cases with €52 Million Fine for Negligent Provision of Incorrect Information,"
Antitrust Law Alert
(April 16, 2019).
Contact: Sean-Paul Brankin
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"Second Landmark EU Judgment on Antitrust Damages Actions Extends Limitation Periods to the Benefit of Claimants,"
Antitrust Law Alert
(April 4, 2019).
Contacts: Sean-Paul Brankin, Marieke Van Nieuwenborgh
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"Landmark EU Judgment Extends Range of Entities Liable for Antitrust Damages,"
Antitrust Law Alert
(March 21, 2019).
Contacts: Sean-Paul Brankin, Marieke Van Nieuwenborgh
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"EU Antitrust: Intel Judgment – Court Signals End of Per Se Abuses of Dominance and Calls €1.06 Billion Fine into Question,"
(September 6, 2017).
Contacts: Sean-Paul Brankin, Thomas De Meese
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"German Merger Control Rules to Include Transaction-Value Threshold to Catch Data-Focused Internet Mergers — EU May Consider Following,"
Regulatory Alert
(March 11, 2016).
Contacts: Sean-Paul Brankin, Thomas De Meese, Emmanuel Plasschaert, Frederik Van Remoortel
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"European Court of Justice Rules on Abuse of Dominance in the Context of SEP Injunction Proceedings,"
IP Insights
(July 21, 2015).
Contacts: Sean-Paul Brankin, Lisa Kimmel, Ph.D., Mark A. Klapow
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"European Commission Launches E-commerce Sector Inquiry,"
Antitrust Law Alert
(May 7, 2015).
Contacts: Sean-Paul Brankin, Thomas De Meese
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"European Antitrust Developments - April - July 2013,"
Antitrust Law Alert
(April - July 2013).
Contacts: Sean-Paul Brankin, Thomas De Meese
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"European Commission Proposes Legislation to Facilitate Antitrust Damages Claims,"
Antitrust Law Alert
(June 12, 2013).
Contact: Sean-Paul Brankin
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"European Antitrust Developments - Dec. 2012 to Mar. 2013,"
Antitrust Law Alert
(Dec. 2012 - Mar. 2013).
Contacts: Sean-Paul Brankin, Thomas De Meese
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"OFT Investigates Possible RPM in Relation to E-books,"
Antitrust Law Alert
(February 2, 2011).
Contact: Sean-Paul Brankin
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"Fine of € 38 million (US$ 51 million) for Procedural Breach during a 'Dawn Raid' upheld by EU Court,"
Antitrust Law Alert
(December 15, 2010).
Contact: Sean-Paul Brankin
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"European Commission Adopts New Antitrust Guidelines On Cooperation Between Competitors,"
Antitrust Law Alert
(December 14, 2010).
Contacts: Sean-Paul Brankin, Thomas De Meese
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"Privilege does not extend to in-house or foreign lawyers in EU antitrust cases says Advocate General of European Court of Justice,"
Antitrust Law Alert
(May 3, 2010).
Contacts: Robert A. Lipstein, Sean-Paul Brankin, Olivier N. Antoine
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"UK Competition Authority in Retreat on Dairy Products "Hub and Spoke" Information Exchange Case -- Partially abandons case and hands back GB£ 50 million in agreed penalties,"
Antitrust Law Alert
(April 30, 2010).
Contact: Sean-Paul Brankin
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"ECJ confirms that GSK distribution arrangements must be reassessed by Commission, but overturns CFI on purpose of EU competition rules,"
Antitrust Law Alert
(October 8, 2009).
Contact: Sean-Paul Brankin
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"European Commission Publishes Final Report in Pharmaceutical Sector Inquiry and Opens Formal Proceedings against Patent Settlements,"
Antitrust Law Alert
(July 8, 2009).
Contact: Sean-Paul Brankin
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"European Commission imposes Euro 20 million fine for early implementation of a merger ('Gun-jumping'),"
Antitrust Law Alert
(June 12, 2009).
Contact: Sean-Paul Brankin
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"European Commission imposes record € 1.06 billion antitrust fine on Intel,"
Antitrust Law Alert
(May 14, 2009).
Contact: Sean-Paul Brankin
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"EU Antitrust: Raids on Pharma Companies and E.ON Divestments,"
Antitrust Law Alert
(November 26, 2008).
Contact: Sean-Paul Brankin
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"European Court Issues Landmark Judgment on Mergers in Concentrated Markets,"
Antitrust Law Alert
(July 11, 2008).
Contacts: Sean-Paul Brankin, Olivier N. Antoine
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"European Commission Introduces New Settlement Procedure for Cartel Cases,"
Antitrust Law Alert
(June 30, 2008).
Contact: Sean-Paul Brankin
Media Mentions
Firm News & Announcements