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Protecting Your Business – When Company Employees Leave and Compete

More and more employees are leaving their employers and starting their own companies – in many cases to directly compete against their former employer. As the economy remains relatively stagnant and this competition increases, it is more important now for companies to protect their business and competitive advantage. The law favors competition and limits a [...]

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Antitrust Enforcement In The European Union – Muscles From Brussels

There was a big outcry when the proposed $9 billion tie-up between Deutsche Börse and NYSE Euronext, which would have resulted in the creation of the world’s largest equity and derivatives exchange, had been vetoed by EU competition regulators some weeks ago. It has always been the European Commission’s practice to flex it muscles when they [...]

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Key EU Competition Law Compliance Issues

Any business that is present or trading in the European Union (EU) needs to be aware of EU competition law. Readers will no doubt have heard of the large fines for cartels that are handed out by the European Commission (the EU’s civil service, responsible for EU-wide enforcement of competition law), most recently the total [...]

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Competition Law Risk Assessments

Based on the frequency of very large fines, no compliance risks are, as a general matter, greater than those in the area of competition/antitrust law. Yet many companies devote far too little effort to assessing and addressing such risks. An important guidance document issued last month by the European Commission – Compliance matters: What companies can do better to respect EU competition rules – should help to remedy that.

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Risk Assessment – The “Demand Side” Analysis

Will increasing revenue shortfalls faced by governments impact prosecutorial priorities? And how should those who assess risks take this into account in deploying C&E mitigation strategies for their companies?

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