The EU’s forthcoming direct accession to the ECHR gives the ECtHR and the EU courts the perfect opportunity to find that competition law proceedings must fully respect the fair trial rights and presumption of innocence. Kristina Nordlander & Patrick Harrison (Sidley Austin)

Does the EU's suspicion of patent settlement agreements move EU competition law to a position the U.S. courts have abandoned?

NCAs do indeed appear to have been emboldened in their enforcement of Article 102 TFEU in the pharmaceutical sector. Kristina Nordlander & Patrick Harrison (Sidley Austin)

The ne bis in idem principle (the prohibition of double jeopardy) is a fundamental protection under EU law. It has long been of particular importance in the decentralised system of EU competition law enforcement brought about by Regulation 1/2003. While the mechanism for cooperation between the...

In the presentation of its Preliminary Report on the pharmaceutical sector inquiry, the European Commission attempted to perform a delicate balancing of competition and International Property (“IPâ€Â) law. While the Commission went out of its way repeatedly to state that...

U.S. courts are increasingly faced with resolving a fundamental conflict between the liberal scope of U.S. discovery and sovereign promises that certain information or evidence would remain confidential. Samuel R. Miller, Kristina Nordlander, & James C. Owens, Sidley Austin

U.S. courts are increasingly faced with resolving a fundamental conflict between the liberal scope of U.S. discovery and sovereign promises that certain information or evidence would remain confidential. Samuel R. Miller, Kristina Nordlander, & James C. Owens, Sidley Austin