Clarification on the application of FRAND in the supply chain – postponed!

The Regional Court of Mannheim delivered its judgment in a much noticed patent infringement case in Germany. The dispute is noteworthy not only because of its economic importance but in particular also because the German Federal Cartel Office (FCO) filed an amicus curiae brief in the dispute, which rarely ever happens, and suggested that the … Read more

Views on an evolving automotive industry: Responding to competition law challenges

The automotive industry is unquestionably evolving at considerable pace, whether through advances in connectivity and autonomy in vehicles, developments in the way that consumers access and use vehicles or changes driven by the “electric revolution” and the unprecedented industry disruption caused by the Covid-19 pandemic. In the latest article in a series entitled “Views on … Read more

German Supreme Court overturns interim relief ruling and provisionally confirms abuse of dominance by Facebook

Introduction On 23 June 2020, the German Federal Supreme Court (FSC) overturned the temporary injunction granted by the Higher Regional Court of Düsseldorf in August 2019, which suspended the German Federal Cartel Office’s (FCO’s) landmark abuse of dominance decision against Facebook, pending final determination of the company’s appeal (see our earlier blog post). In its February … Read more

COVID-19: Several Business Sectors being assessed by KPPU during Global Pandemic (Indonesia)

The Indonesian Competition Commission (“KPPU”) has been scrutinizing several business sectors following the global economic slowdown as a result of the COVID-19 pandemic. These sectors are primarily healthcare services, medical equipment, and essential commodities (food). One currently booming sector under watch by KPPU is healthcare. On April 14, KPPU issued a press release (Press Release … Read more

China’s SAMR Continues Focus on Pharma Sector Amid Covid-19 Outbreak, Fining API Distributors Over RMB300m for Abuse of Dominance

On 9 April 2020, China’s State Administration for Market Regulation (SAMR) fined 3 pharmaceutical companies for abuse of dominance in the distribution of injectable calcium gluconate Active Pharmaceutical Ingredient (API). The three companies were found to be in breach of the PRC’s Anti-Monopoly Law (the AML) between August 2015 and December 2017, by selling at … Read more

EU Market Definition Notice – Commission launches evaluation and fitness check

The European Commission (the “Commission“) has launched an “evaluation and fitness check roadmap” of its 1997 Notice on the definition of relevant market for the purposes of Community competition law (the “Notice“). The Notice provides guidance on how the Commission uses the concepts of relevant product and geographic markets in its enforcement of EU competition … Read more

The impact of COVID-19 on competition law in the pharmaceutical sector

Updated 14 April 2020 The global COVID-19 pandemic has, to an extent, re-directed some of the actions and focus of competition authorities, which are placing increasing scrutiny on several strategic industries to ensure they do not profit from the crisis. Some of these developments, as outlined below, are relevant to the pharmaceutical industry (for information … Read more

South Africa uses competition laws to facilitate its response to COVID-19

Following our recent post on COVID-19 and its impact on competition law in Europe, South Africa has added its name to the list of countries using competition laws as a tool both to facilitate the healthcare response to the pandemic and protect consumers from exploitation. On 15 March 2020, the COVID-19 pandemic was declared to … Read more