Shearman & Sterling (Brussels)

Elvira Aliende Rodriguez

Shearman & Sterling (Brussels)
Partner

Elvira Aliende Rodriguez is a partner in the Antitrust practice. She focuses on Spanish and EU competition law. Elvira advises clients across a range of sectors, including air transport, chemicals, telecommunications, energy, pharmaceuticals, steel, hotel accommodation, textiles and financial services. She has extensive experience in advising clients on Article 101 (restrictive agreements) and the equivalent provisions under Spanish law. She has also participated in State aid procedures and in Article 102 (abuse of dominance) cases before the EU competition authorities. She has in-depth knowledge of working before the European Commission and the European Courts.

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Shearman & Sterling (New York)
Shearman & Sterling
Shearman & Sterling (Washington)
Shearman & Sterling
Shearman & Sterling (London)

Articles

4162 Bulletin

Elvira Aliende Rodriguez, James Webber, Matthew Readings, Ruba Noorali The EU General Court rejects an appeal against a €28M fine imposed by the Commission for breach of EU gun jumping rules (Canon)

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On 18 May 2022the European General Court rejected Canon’s appeal against a €28 million fine imposed by the European Commission in 2019 for its breach of EU gun-jumping rules, just a few months after a similar judgment therefore vindicating the Commission’s aggressive stance on such breaches. (...)

Elvira Aliende Rodriguez, Matthew Readings, James Webber, Ruba Noorali The EU General Court overturns the Commission’s decision to fine a semiconductor chip manufacturer €1.06 billion for abusing its dominant position (Intel)

293

On 26 January 2022 the General Court (GC) issued its latest judgment in the Intel case, faulting fundamental aspects of the Commission’s original decision almost 13 years prior. The judgment’s findings are promising for pending cases appealing similar issues, including the application of the “as (...)

Jonathan Swil, Elvira Aliende Rodriguez, Ruba Noorali, Chris Collins The English Court of Appeal clarifies the threshold for raising ‘off-setting’ defences in competition and other breach of duty claims (NTN / Stellantis)

174

English Court of Appeal Clarifies Threshold for Raising ‘Off-Setting’ Defences in Competition and Other Breach of Duty Claims Introduction and Summary The recent decision of the English Court of Appeal in NTN Corporation v. Stellantis concerned an appeal against a successful application to (...)

Matthew Readings, James Webber, Elvira Aliende Rodriguez, Jonathan Swil, James Matthews The UK Competition Appeal Tribunal certifies a well-publicized class action litigation against a financial services company (Merricks / Mastercard)

304

The U.K. Competition Appeal Tribunal (CAT) last week certified the well-publicized Mastercard class action litigation. In our previous article (See Chris Collins, Elvira Aliende Rodriguez, Jonathan Swil, Ozlem Fidanboylu, The UK Supreme Court gives guidance on collective proceedings in (...)

Chris Collins, Elvira Aliende Rodriguez, Jonathan Swil, Ozlem Fidanboylu The UK Supreme Court gives guidance on collective proceedings in competition appeal tribunal in the financial services sector (Merricks / Mastercard)

153

The Supreme Court has handed down its judgment in the case which concerned the test for the certification of collective proceedings within the context of a follow-on damages claim in the Competition Appeal Tribunal (CAT). The Supreme Court has dismissed Mastercard’s appeal ; the case will now (...)

James Webber, Sara Ashall, Matthew Readings, Edward Rarity, Elvira Aliende Rodriguez The UK Government announces long-awaited and extensive reforms to the foreign investment regime

173

On 11 November 2020, the U.K. Government announced long-awaited and extensive reforms to the U.K. foreign investment regime. The reforms proposed are more significant than anticipated and include a mandatory notification regime alongside broader “call-in” powers for the Secretary of State. The (...)

Elvira Aliende Rodriguez, James Webber, Ozlem Fidanboylu, Susanna Charlwood, Jonathan Swil The UK Supreme Court hands down a judgment in a competition damages lawsuit and makes key observations on when a judicial decision of the EU courts is binding in other proceedings (Secretary of State for Health / Servier Laboratories)

308

Holds Findings Made by European Courts Cannot Be Relied on in Different Context in Other Proceedings On November 6, 2020 the U.K. Supreme Court handed down a judgment relating to the Servier U.K. competition damages litigation, in which it made key observations on when a judicial decision of (...)

Elvira Aliende Rodriguez, Sujin Chan-Allen, Barnabas Reynolds The EU Commission launches proposals for a regime regulating crypto-assets and distributed ledger technology in the financial sector through a digital finance package

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On September 24, 2020 the European Commission (EC) launched proposals for a new EU-wide regime to regulate crypto-assets and distributed ledger technology (DLT) in the financial sector through a Digital Finance Package. Key issues relevant to companies and stakeholders in digital finance are (...)

James Matthews, Matthew Readings, Elvira Aliende Rodriguez, James Webber, Ruba Noorali, Jonathan Swil The UK Supreme Court gives an important judgment in the litigation regarding two payment platform providers’ interchange fees (Sainsburys / Visa / Mastercard)

28

Introduction The U.K. Supreme Court has handed victory to a group of British retailers (the “respondents”) in a long-running dispute with Mastercard and Visa Europe (the “appellants”) finding that the default “multilateral interchange fees” (MIFs) set by Mastercard and Visa and charged by (...)

Sara Ashall, Elvira Aliende Rodriguez, Matthew Readings, James Webber The EU General Court annuls the Commission’s decision prohibiting a merger between two telecommunication companies (Telefónica UK / Hutchison 3G UK)

44

Under the leadership of Margrethe Vestager, the European Commission has taken an increasing interventionist stand across all areas of antitrust enforcement, in particular in merger control. The EU’s General Court dealt that aggressive agenda a massive blow by annulling the first of her many (...)

Alfred Kossmann, James Webber, Ruba Noorali, Elvira Aliende Rodriguez The EU Commission introduces a Temporary Framework which enables governments to offer extensive State-backed loans to the aviation industry affected by COVID-19

182

Although the EU’s introduction of a Temporary Framework has enabled governments to offer extensive State-backed loans, the airline industry needs more than just credit—it will need equity. However, State aid to the aviation industry is strictly regulated by the European Commission (the (...)

James Webber, Ruba Noorali, Sara Ashall, Matthew Readings, Elvira Aliende Rodriguez The EU Commission announces a major relaxation of the State aid rules via a new Temporary Framework during the COVID-19 outbreak

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How will European Competition Enforcers Respond ? The COVID-19 pandemic presents an unprecedented challenge to the economy and competition enforcement is no exception. Authorities at EU and national level may need to consider novel solutions to respond to rapidly evolving problems and to (...)

Elvira Aliende Rodriguez, Ruba Noorali, Matthew Readings The EU General Court reaffirms the Commission’s duty to provide sufficient reasons when explaining fine calculations in cartel cases (HSBC)

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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 24 September 2019, the EU General Court (GC) handed down its judgment in HSBC v. Commission. Consistent with recent precedent, the GC reaffirmed the European (...)

Elvira Aliende Rodriguez, Geert Goeteyn The UK High Court renders a judgment significantly restricting the temporal scope of the claims in four air cargo cartel damages actions (Emerald Supplies)

492

On 4 October 2017, the High Court gave a judgment on a preliminary issue significantly restricting the temporal scope of the claimants’ claims in four air cargo cartel damages actions. This judgment is the last in a series of adverse judgments for the claimants in these proceedings. Background (...)

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