Sean Gerlich

Practising Law Institute
Business Analyst

Mr. Gerlich is a business analyst at the Practising Law Institute (PLI). He carries out requirements gathering, project and solution design, and software QA on a variety of projects relating to PLI’s IT systems, which include an e-commerce site, an online library, and internally-created and maintained ERP and CMS systems. He is Increasingly responsible for end-to-end management of software development projects. Prior to this he was an associate lawyer specialising in all aspects of competition, antitrust and merger control law.

Linked author

Van Bael & Bellis (Brussels)

Articles

12854 Bulletin

Sean Gerlich, Tim Kasten The ECJ Advocate General Mázak adopts opinion that limits the application of the margin squeeze theory to regulated markets and indispensable inputs (TeliaSonera Sverige)

88

On 2 September 2010, Ján Mázak, an Advocate General (“AG”) at the European Court of Justice (“ECJ”), published his opinion in a case considering whether TeliaSonera, the Swedish telecom incumbent, abused its dominant position as the owner of the country’s telephony infrastructure by engaging in a (...)

Sean Gerlich, Tim Kasten The Cypriot Competition Commission fines telecommunications incumbent for refusing access to essential facility (Cyprus Telecommunications Authority)

121

In a published decision of 12 January 2010, the Cypriot Commission for the Protection of Competition (“CPC”) concluded that the Cyprus Telecommunications Authority (“CYTA”) abused its dominant position in the premium SMS (short messaging services of added value) market in breach of the applicable (...)

Sean Gerlich, Tim Kasten A German Court orders the dominant German railway network provider to reimburse additional fees charged for the ad hoc use of the railway network (Deutsche Bahn)

84

In its judgment of 14 October 2009, the Higher Regional Court of Düsseldorf (“Court”) held that additional fees charged by the dominant German railway network provider (“defendant”) to a company active in the field of railway freight transportation (“claimant”) for the ad hoc use of the railway (...)

Sean Gerlich, Tim Kasten The European Court of Justice dismisses an appeal against the European Court of First Instance’s judgment in a case of abuse of a dominant position in the market for collecting and processing packaging waste (’Green Dot’ case)

135

On 16 July 2009, the European Court of Justice (ECJ) issued its judgment in the appeal of Duales System Deutschland (DSD) against a 2007 judgment of the Court of First Instance (CFI), which had upheld a Commission decision finding that the German recycling company’s licensing scheme for its (...)

Sean Gerlich, Tim Kasten The Spanish Competition Authority fines a telecommunication operator for concluding contracts of excessive duration and offering abusive bundled rebates (Abertis)

202

On 19 May 2009, the Spanish Competition Authority adopted a decision against Abertis for concluding contracts of excessive duration and offering bundled rebates contrary to Article 82 EC and the Spanish equivalent provision. Abertis is a group of undertakings active in the management of various (...)

Sean Gerlich, Tim Kasten The European Commission opens proceedings against Swedish electricity transmission system operator concerning limitations on capacity for electricity exports (Svenska Kraftnät)

51

On 23 April 2009, the Commission issued a press release announcing that it had opened formal proceedings against Svenska Kraftnät (“SvK”), the Swedish electricity transmission system operator, for possible breaches of Article 82 EC. SvK is a State-owned central administrative authority in Sweden (...)

Sean Gerlich, Tim Kasten The French Competition Authority dismisses application for interim measures against a leading mobile telephony operator in bundling case (Orange)

104

On 2 April 2009, the French Competition Authority dismissed SFR‘s application for interim measures against Orange concerning the latter’s bundled offer of its broadband and «Unik« mobile telephony services. Orange‘s «Unik« package is characterised by the convergence between fixed and mobile telephony: (...)

Sean Gerlich, Tim Kasten The ECJ Advocate General Bot recommends dismissing a recycling company’s appeal for abusive judgment (Der Grüne Punkt - Duales System Deutschland)

92

On 31 March 2009, Advocate General Bot delivered his opinion in the appeal of Duales System Deutschland (“DSD”) against a 2007 CFI judgment holding that the German recycling company’s licensing scheme for its “Green Dot” logo constituted an abuse of a dominant position. The Advocate General (...)

Sean Gerlich, Tim Kasten The Slovak Competition Authority upholds fine against incumbent telecommunications operator for “margin squeeze” practices (Slovak Telecom)

113

In a recently published decision of 27 March 2009, the Slovakian Competition Authority (“CA”) upheld a first instance decision of 28 October 2008 imposing a fine of approximately € 2.4 million on Slovak Telecom (“ST”), the incumbent provider of telecom services in Slovakia. The investigation dates (...)

Sean Gerlich, Tim Kasten The European Commission opens formal proceedings against a financial company regarding its use of securities identification numbers (Standard & Poor’s)

109

On 12 January 2009, the Commission announced that it has opened formal proceedings into Standard & Poor’s (“S&P”) licensing conditions regarding International Securities Identification Numbers (“ISINs”). ISINs are unique identifiers for securities issued throughout the world, and S&P is (...)

Sean Gerlich, Tim Kasten The ECJ Advocate General Mazák proposes the setting aside of the CFI’s judgment in an abuse of dominant position case in the telecommunication sector (France Télécom)

94

On 25 September 2008, Advocate General Mazák issued his opinion in France Télécom‘s appeal of the judgment of the Court of First Instance (CFI). This judgment upheld a Commission decision which concluded that France Télécom had abused its dominant position on the French market for high-speed Internet (...)

Sean Gerlich, Tim Kasten The Paris Court of Appeal confirms interim measures imposed by French NCA in an abuse of dominance case in the generic pharmaceutical sector (Arrow / Schering-Plough)

109

On 5 February 2008, the Paris Court of Appeal rejected Schering-Plough’s appeal against the French Competition Council’s interim decision of 11 December 2007. In that decision, the Competition Council had ordered Schering-Plough to publish a text in two medical magazines confirming the (...)