Clarity: Over the Hills and (F)Far Away? The FIFA Football Agents Regulations and their interplay with competition law

Following the publication of this article, on 30 December 2023 FIFA temporarily suspended the implementation of parts of the FFAR globally until the CJEU renders its judgment following the preliminary reference from the Regional Court of Mainz. It has stated this is to avoid creating “unequal legal standards within the international transfer system” (see FIFA … Read more

Competition law and biosimilars: Time for a new approach or not yet?

Competition law enforcement in the pharmaceutical sector has been vigorous in recent years with regulators focusing on a variety of issues including denigration strategies, lifecycle management patent strategies, pricing rebates, and excessive pricing. In an article recently published in Concurrences, we examine the case law and enforcement practice in this area and apply it to … Read more

CAT upholds CMA excessive pricing decision in liothyronine tablets case

The UK Competition Appeal Tribunal has dismissed appeals against the CMA’s finding of abuse of dominance relating to excessive pricing of liothyronine tablets. The judgment provides further detail on the application of the excessive pricing test, and follows the Court of Appeal’s approach in CMA v Flynn Pharma (Phenytoin). In this blog post, we summarise … Read more

Overview of EU and South African regulatory and competition law in the Pharma sector

We are delighted that, for the second year, our overviews of competition and regulatory law in the pharmaceutical sector in the EU and South Africa have now been published as part of the Lexology Getting the Deal Through Pharmaceutical Antitrust guide. This online publication serves as a quick reference guide, enabling side-by-side comparison of jurisdiction-by-jurisdiction … Read more

European Commission announces plans for new Article 102 TFEU Guidelines and amends 2008 Guidance on enforcement priorities

On 27 March 2023, the European Commission (Commission) announced its intention to adopt detailed new guidelines on the application of Article 102 TFEU to exclusionary conduct. The Commission explained that “Article 102 TFEU is one of the few areas of European competition law where no Guidelines clarify its application. However, its enforcement is key to … Read more

Non-notifiable M&A deals can be reviewed under abuse of dominance rules: does heightened regulatory intervention in deal-making lie ahead?

INTRODUCTION On 16 March 2023, the Court of Justice of the European Union (CJEU) issued its keenly anticipated judgment in Towercast1(Judgment), following a request for a preliminary ruling by the Court of Appeal, Paris (Court of Appeal). The Judgment clarifies that acquisitions by dominant companies that do not meet the EU or national merger control … 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

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

Overview of EU and South African regulatory and competition law in the Pharma sector

We are delighted that our overviews of regulatory and competition law in the EU and South Africa have now been published as jurisdictional contributions to the Lexology Getting the Deal Through Pharmaceutical Antitrust guide. The online publication serves as a quick reference guide enabling side-by-side comparison of local insights into pharmaceutical regulatory law (framework, authorities, … Read more