Our newly updated report on Foreign Investment: Rising Tides of Politics in Regulation is now available. Foreign Direct Investment (FDI) filings are an increasingly important piece of the regulatory jigsaw for cross-border M&A. Against a background of mounting protectionist rhetoric, countries traditionally open to investment (such as the US, UK and Australia) are moving towards … Read more
On 30 January 2020 the European Court of Justice (“ECJ”) clarified for the first time the criteria governing whether so-called “pay-for-delay” agreements entered into between originator and generic pharmaceutical companies fall foul of EU competition law rules. Such agreements are a form of patent dispute settlement, whereby in return for a value transfer, a generic … Read more
On 1 January 2020, China’s Foreign Investment Law (FIL) and the Implementation Regulations of the Foreign Investment Law came into effect (see our previous post). Under both the FIL and the implementation regulations the State is responsible for establishing a security review system for foreign investments which will require a review of those that could … Read more
This was first published on our Intellectual Property Notes blog. Open Innovation: Forging innovation and collaboration In the first of a two-part series on open innovation, we explore how organisations can manage and benefit from the changing nature of innovation and collaboration. Open Innovation: IP, data and competition issues In part two, we look deeper … Read more
On 31 January 2020, at 11pm GMT, the UK ceased to be a Member State of the EU and the transition period provided for in Article 126 of the Withdrawal Agreement started to run. This briefing looks at the provisions in the Withdrawal Agreement that are relevant for merger control, both during the transition period … Read more
On 21 January 2020 the Court of Appeal confirmed that the online sales restriction imposed by golf manufacturer Ping on its approved retailers under its internet sales policy (ISP) was a restriction of competition ‘by object’, the most serious type of competition law infringement that does not require the competition authorities to carry out a … Read more
On 22 January 2020 the Hong Kong Competition Commission (HKCC) commenced proceedings against Quantr Ltd (Quantr) and one of its directors in the Competition Tribunal (Tribunal). The proceedings concern alleged cartel conduct in 2017 relating to a bidding exercise organised by Ocean Park Corporation (Ocean Park) for the procurement of IT services based on Nintext … Read more
On 17 January 2020 the UK Competition and Markets Authority published a penalty notice imposing its first ever fine for non-compliance with an information request issued in the context of a market study. This follows on from a series of recent fines issued for failure to comply with requests for information in the context of … Read more
We are delighted that our overview of collective damages claims in competition cases in the UK has just been published as part of Global Competition Review’s new Guide to Private Litigation. The Guide includes 21 chapters written by leading practitioners, exploring in depth the key themes raised in competition litigation across the globe. We are … Read more
