Dr Nara Aslanyan’s Post

Fresh from the press: I am very pleased that the latest edition of our handbook on Distribution Antitrust Law has been published. The new edition covers all important antitrust law topics for distribution. Many thanks to all the co-authors (most of them from CMS). You did a fantastic job! #cmslaw #competitionlaw #antitrustlaw #distributionlaw #vertriebskartellrecht #vertriebsrecht

This is a very important case in the development of the UPC.

JUSTICE OPERATION MEETS LEGAL DESIGN: How to create Innovation with Impact for the Justice System   What can the justice sector learn from the private sector? Concepts like Legal Operations and Legal Design have been driving innovation in corporate legal departments for years. But how can these approaches be applied to benefit justice? At the 3rd Digital Justice Summit 2024 on November 25–26, experts from business and innovators in the justice sector will discuss exactly these questions:   Is there a need for Justice Operations? How and where does Legal Design, as a user-centered approach to innovation, come into play? What success stories exist – and where does innovation struggle?   Featuring: Astrid Kohlmeier, Isabelle Biallaß, Stefanie Otte, and Bernhard Waltl from the Liquid Legal Institute, sharing insights and experiences on the future of justice innovation.   Let’s explore how the justice system can benefit from modern innovation concepts and what it takes to create real impact!

A few weeks ago, during the great Annual Litigation Forum in Amsterdam, I took part in a workshop at the Netherlands Commercial Court focusing on the different approaches to transposing the EU Directive on Representative Actions into national law. Quite a few laughs were shared when Austria was named as the only Member State that still did not even have a draft bill, and I corrected that by saying that we actually had a draft, but only a SECRET one. 📃 🤐 Well, now the SECRET was revealed and the draft published. You can access it via the Parliament's website. Most of what is in there was already expected, but it is nevertheless satisfying to finally discuss actual content instead of rumours. Key takeaways after a first read 🔎 - Austria will not experience a complete revolution in how mass proceedings are handled, but quite a few novelties that both the justice system and party counsels will have to tackle. Good to be a litigator in these interesting times 😀 - Thankfully, an opt-in system will be established for redress measures. A Qualified Entity will have to demonstrate that at least 50 consumers are affected by the alleged misconduct of the defendant. Further consumers may join the proceedings up to three months after the matter was published. While this is still a heavy burden for any defendant, at least the very problematic opt-out approach seems to be off the table. 😌 - Limitation periods will be suspended for "all consumers concerned". Looking forward to writing and reading a lot of nerdy legal briefs on who that might be. 🙃 - Interestingly, the supervisory body for the newly formed Qualified Entities will be the Bundeskartellanwalt ( 😮 ) who normally is only involved in antitrust cases. Also, all representative actions will have to be heard exclusively at the Commercial Court Vienna, for redress claims even by a mandatory panel of three judges. 👨⚖️ 👩⚖️ 👨⚖️ - So no more driving or flying around in mass claims cases? I doubt it - a lot of colleagues working more on the claimant side might choose to opt-out of the new system due to that particular Vienna-focus alone. Why go to Vienna and wait for the schedule of three judges to align if you can sue at a different forum? Makes life more interesting for defense counsels as well, just saying 😉 Really looking forward to the further discussion and other views on the draft! #dorda #clarity #representativeactions #litigatorslife

As of 1 January 2025, Switzerland will - at last! - introduce #legalprivilege for #inhouselegalcounsel. While the way the new regime is implemented is somewhat awkward and the devil is in the detail (including with regard to intertemporal law), this is a milestone that eliminates an important disadvantage for Swiss-based companies in #crossborderdisputes. Read more in our blog post - and stay tuned for more! #vischer #litigation #arbitration #switzerland #vischerdisputeresolution

Article on the Vienna Convention 1980 The article “First CISG decision in Brazil: Brazilian courts take the first steps towards application of the CISG”, written by Ana Carolina Beneti, published in “Internationales Handelsrecht (IHR) (2018), 8–11”, is available on the website www.cisg-online.org. For more details: https://lnkd.in/e3-kkZ5z #internationalcommerciallaw #internationalcommercialcontract #internationalsaleofgoods #viennaconvention1980 #crossborderdebtrecoveryblog

Reform proposal of the German legislator for investor mass claims. Our colleagues Dr. Nicolas Nohlen, LL.M. (Yale), Dr Martin Eimer, LL.M. (Edinburgh), Katrin Weixlgartner and Alisa Beck (all Ashurst Disputes Team Germany) commented in the May edition of AssCompact on the German government's latest proposal to reform the KapMuG. The aim of the reform is a more effective and faster handling of investor claims under the existing German KapMuG (Act on Model Case Proceedings in Disputes under Capital Markets Law). In the meantime, the German Federal Council has commented on the government's reform proposal. At a hearing of the Legal Affairs Committee in mid-May, experts, including many practitioners, made further comments on the draft. It is therefore likely that the reform proposal will undergo further changes during the legislative process. For a summary of the status quo, the government's reform proposal and the relationship to other claim vehicles in Germany (in particular, the new representative action), read our insights: https://lnkd.in/eskmsmcV #investorclaims #disputeresolution #germanlegislation 

Again, I have been recognized by Handelsblatt and Best Lawyers for my unfair competition law / drug advertising law skills in the section Competition / Antitrust Law. Many thanks to my peers, clients and colleagues! #bestlawyers #handelsblatt #lifescience #taylorwessing

#Lawyer of the Year goes to ✨… VINDELICI LEGAL’s Prof. Dr. Peter Chrocziel has been named "Lawyer of the Year" for IP Law in Bavaria by Handelsblatt and Best Lawyers! 🎉 Only one lawyer per practice area and region receives this honor, and it’s well-deserved. Additionally, he has once again been recognized in the following categories: 🏆 Antitrust and Competition Law 🏆 Information Technology Law 🏆 Intellectual Property Law 🏆 Dispute Resolution 🏆 Pharmaceutical Law These accolades highlight his outstanding contributions and expertise across these fields. Congratulations, Peter! 🚀 Learn more about his significant achievement here https://lnkd.in/eeMjmu2a #LegalExcellence #TopLawyer #BusinessLaw #IPLaw #LegalAwards

The Unified Patent Court's Munich Local Division has thrown out a fee-shifting motion by a successful defendant because it requested a retroactive extension of time (after first seeking fee-shifting in the CoA, which told the party it had to talk to the Court of First Instance) under Rule 9(3) RoP instead of seeking a re-establishment of rights under Rule 320 RoP. The Munich LD holds in a headnote that Rule 320 is a lex specialis and, therefore, takes priority under EU law over the more general Rule 9(3) (discretion of the court). Not only did the movant fail to invoke the correct rule but also to put up the related fees. SES-imagotag had unsuccessfully sought a preliminary injunction against Hanshow, and the appeal was rejected as well. Hanshow then sought a cost order from the CoA instead of the first-instance court -- and even that motion was five days out of the one-month window for doing so. The Munich LD doesn't have to resolve the question of whether a retroactive extension of time is an option in the first place. It's simply that Rule 320 would become pointless if Rule 9(3) could solve that problem. Panel: Presiding Judge Dr. Matthias Zigann, Judge-rapporteur Tobias Pichlmaier, Judge Margot Kokke and Technically Qualified Judge Uwe Schwengelbeck. Counel for SES-imagotag: Dörries Frank-Molnia & Pohlman Patentanwälte Rechtsanwälte PartG mbB's Alexandre Hoffmann. Counsel for Hanshow: Taylor Wessing's Roland Küppers. https://lnkd.in/dUP5MyVV