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In both the US and the EU, the antitrust category of “sham litigation” (in the US) or “vexatious litigation” (in the EU) enables a plaintiff, or a defendant in case this action forms part of a counterclaim, to argue that the introduction of litigation may constitute, under certain...
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Skating Union on a doping matter. The question at issue was whether the arbitration clause in the athlete’s contract for … abuse of dominance under competition law. A lower court had – sensationally – held that the underlying arbitration clause … institutions. Yet, in this interesting opinion the Federal Supreme Court sets standards for international arbitration. This paper …
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This report provides preliminary statistics for takeover litigation in 2015. Takeover litigation was substantially disrupted in 2015 by the Delaware courts' willingness to challenge "disclosure only" settlements. For the full year, lawsuits were brought in 87.7% of completed takeovers versus...
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