Are we headed for a Subsidy War?

Good or bad subsidies Crises provoke government action and governments often react to crises with subsidies. For example, widespread subsidisation has occurred throughout the world in response to the financial crisis, to the COVID pandemic, to the resulting supply chain disruption and to the more recent energy emergency. The traditional view in trade circles has … Read more

Foreign Investment Regulation Group Update: Spotlight on Tech M&A

Our global network of Foreign Direct Investment (FDI) experts meet regularly to share key developments across our regions, to ensure our teams are well briefed on the rapidly evolving FDI regimes affecting cross-border transactions. Following feedback from clients we are pleased to be able to open some of these calls up for an external audience … Read more

SANCTION IMPOSED BY THE SPANISH COMPETITION AUTHORITY ON A PHARMA COMPANY FOR MISUSING LITIGATION STRATEGIES REGARDING PATENTS

On 21 October 2022, the Spanish National Markets and Competition Commission (CNMC) imposed a €38.9 million fine on pharmaceutical company Merck Sharp and Dohme (MSD) for abusing its dominant position in the Spanish market for contraceptive vaginal rings. In particular, the CNMC concluded that MSD conducted a litigation strategy against Insud Pharma, a competing company, … Read more

CMA publishes guidance on social media endorsements

On 3 November 2022 the CMA published guidance for social media platforms, brands and content creators setting out how they should approach online advertising in order to ensure they comply with the relevant UK consumer protection legislation.  Social media platforms have a duty to prevent and address unlawful practices such as hidden advertising that are … Read more

ACCC recommends far-reaching regulatory reforms shaping how digital businesses operate and engage with consumers

The Australian competition watchdog’s proposals suggest a more muscular approach to regulating digital service providers While certain proposals are ostensibly targeted at specific digital platforms, the Australian Competition and Consumer Commission’s (ACCC’s) recommendations (if adopted) will have broad ramifications for businesses that handle data or have an online presence. Read our key takeaways here Key … Read more

DIGITAL MARKETS ACT SOON TO ENTER INTO FORCE – OVERVIEW OF KEY PROVISIONS

The Digital Markets Act (DMA) is a ground-breaking piece of EU regulation, imposing rules on platforms acting as “gatekeepers” in the digital sector, and aiming to ensure fairness and contestability in digital markets. It will enter into force on 1 November 2022, setting the clock running for gatekeepers to comply. In summary, it introduces ex … Read more

Highlights from the GCR Live: Competition Litigation conference

We were delighted to host the GCR Live: Competition Litigation conference at our London office last week, marking a welcome return to a fully in-person format with a distinguished line-up of expert speakers and panellists – including Kim Dietzel, co-head of Herbert Smith Freehills’ competition litigation practice. As in previous years, the conference provided an … Read more

Update on the Teva Copaxone EU case. The EU Commission issues a Statement of Objections against Teva over alleged anti-competitive conduct consisting of misuse of divisional patents and a disparagement campaign against its closest competitor

On 10 October 2022, the European Commission (“EU Commission“) formally adopted a Statement of Objections (“SO“) against Teva over an alleged abuse of dominance concerning its blockbuster drug Copaxone, which is used in the treatment of multiple sclerosis. As we reported in March 2021, the EU Commission was investigating for the first time a company … Read more