Sean Gerlich

Practising Law Institute (New York)
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

24131 Bulletin

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

254

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 the essential facility (Cyprus Telecommunications Authority)

191

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 The EU Commission closes proceedings against a telecom company without finding proof of abuse of dominance and with the parties withdrawing their complaints (Qualcomm / Texas Instrument)

164

On 24 November 2009, the Commission announced its decision to close its proceedings against Qualcomm Incorporated concerning an alleged breach of Article 82 EC. The investigation was opened on 1st October 2007. Although the Commission noted that the Qualcomm case raised important issues about (...)

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

132

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 EU Court of Justice dismisses an appeal against the Court of First Instance judgment in a case of abuse of a dominant position in the market for collecting and processing packaging waste (’Green Dot’ case)

230

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)

284

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 EU Commission opens proceedings against Swedish electricity transmission system operator concerning limitations on the capacity for electricity exports (Svenska Kraftnät)

100

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)

185

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 Slovak Competition Authority upholds fine against incumbent telecommunications operator for “margin squeeze” practices (Slovak Telecom)

192

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 EU Court of Justice 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)

174

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 EU Court of Justice Advocate General Trstenjak delivers opinion on remuneration model applied by a Swedish copyright collecting society (Kanal 5 / TV 4 / STIM)

210

On 11 September 2008, Advocate General Trstenjak delivered her opinion on four questions referred to the ECJ by the Swedish Market Court. The questions arose in a dispute between two commercial TV channels, TV 4 and Kanal 5 (the “TV channels”) and the Swedish copyright collecting society Stim. (...)

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