ECJ rules for the first time on “pay-for-delay” agreements

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

OPEN INNOVATION & COLLABORATION: Triggering and managing innovation and collaboration & the IP, data and competition issues involved

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

Digital competition law update from Germany: Franco-German report on algorithms and competition law, and draft German law on Digitalisation of German Competition Law

Competition law/algorithms has been a hot topic of debate amongst practitioners and enforcers for a while, and now two of Europe’s top antitrust enforcers, the Autorité de la Concurrence and the Bundeskartellamt, have joined forces to analyse and publish a report on the potential competition law risks relating to pricing algorithms and their potential contribution … Read more

THE OFFICERS OF COMPANIES THAT INFRINGE SPANISH COMPETITION RULES MAY BE PENALISED FOR THEIR PASSIVE CONDUCT IN THE INFRINGEMENT

In its recent judgments dated 1 October 2019 (in connection with appeals 5280/2018 and 5244/2018), the Spanish Supreme Court (the “SSC”) has found that the legal representatives and members of the management boards of undertakings that infringe competition rules need not have a decisive or significant role in the infringement; they can be penalised for … Read more

Enforcement in the pharmaceutical sector – HKCC decides pharmaceutical product survey subject to competition rules

The Hong Kong Competition Commission (HKCC) has ruled that a pharmaceutical sales survey proposed by some members of the Hong Kong Association of the Pharmaceutical Industry (HKAPI) is covered by the First Conduct Rule, which prohibits anti-competitive agreements. The HKAPI had planned to collect sales data from pharmaceutical companies on their prescription and over-the-counter pharmaceutical … Read more

Vestager nominated to remain as Commissioner for Competition

On 10 September 2019 European Commission President-Elect Ursula von der Leyen presented her list of nominees for the next College of Commissioners, due to take office on 1 November 2019. In an unexpected turn of events, she has proposed that Margarethe Vestager continues in her current role as the Commissioner for Competition, alongside a new … Read more

EU Commission imposes more fines for cross-border sales restrictions – the Hello Kitty case is the latest in a series of cases

On 9 July 2019 the EU Commission imposed a fine of €6.2 million on Japanese company Sanrio for restricting cross-border sales in the EU of its Hello Kitty merchandising products. In addition to direct sales the Hello Kitty products are distributed in Europe through licensed distributors, and Sanrio’s merchandising agreements contained clauses that expressly restricted … Read more