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Court Finds that ICC is Tribunal for Purposes of Section 1782 Discovery Assistance

Client Alert | 1 min read | 11.11.08

28 USC 1782 is a US statute authorizing federal courts to grant discovery assistance to persons and entities involved in disputes before a tribunal outside the US. In In re Application of Babcock Borsig AG, CA No. 08-mc-10128-DPW, Oct. 30, 2008, a federal district court in Massachusetts held that the ICC is a "tribunal" within the meaning of section 1782, and thus, the court had the statutory authority to order a person or entity within the US to provide documents or testimony for use in a foreign proceeding(here, an ICC proceeding). In this particular case, however, the court decided not to exercise its discretion to grant the discovery request until it received evidence that the ICC panel would be receptive to material obtained pursuant to section 1782. The growing body of law on this point highlights the importance of section 1782 as a strategic consideration for those involved in disputes outside of the US, if there is a person or entity in the US with evidence bearing on the issues, whether or not that person is a party to the proceedings outside the US.

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Client Alert | 4 min read | 09.10.26

European Commission Publishes Landmark Guidelines on Exclusionary Abuses by Dominant Companies

On 3 September 2026, the European Commission adopted new Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings. The Guidelines follow a public consultation on a draft published in August 2024 and reflect substantial stakeholder feedback. They replace the Commission's 2008 Guidance on enforcement priorities (which ceases to apply 30 days after publication of the new guidelines in the Official Journal) and represent the most significant reset of the Commission's Article 102 enforcement framework in nearly two decades. The Commission's stated aim is to set out principles and operational guidance, enhance legal certainty, and help companies self-assess their exclusionary-abuse risk....