Behavioural remedies in merger cases at a crossroads: Higher Regional Court of Düsseldorf overturns FCO clearance for EWE/Telecom JV

Last week the Higher Regional Court of Düsseldorf overturned a decision adopted by the German Federal Cartel Office (FCO) clearing a JV between Telekom Deutschland and EWE, a regional utility company. The JV partners were looking to cooperate in the development of fibre-optic networks in parts of Lower Saxony, North Rhine-Westphalia and Bremen. This is … Read more

EU Commission publishes draft revised VBER and Vertical Guidelines

On 9 July 2021, following a comprehensive consultation process, the EU Commission (Commission) published its proposals for a revised Vertical Block Exemption Regulation (Draft VBER) and Draft Vertical Guidelines, due to replace the current regime which expires on 31 May 2022. The previous evaluation steps (see here for more detail) identified a number of areas … Read more

ESG collaboration and competition law: change on the horizon?

Businesses around the world are increasingly looking towards strengthening their environmental, social and governance (ESG) performance. In doing so, many businesses may seek to collaborate with their peers, for example through setting industry standards in relation to certain ESG issues or cooperating to tackle key risks in their sector. Read more

CJEU CONFIRMS PAY-FOR-DELAY APPROACH AND UPHOLDS DECISION IN LUNDBECK CASES

On 25 March 2021, the Court of Justice of the EU (“CJEU”) dismissed the appeals by Lundbeck and five producers of generic medicines against the General Court’s (GC) judgments that upheld the Commission’s decision and the fines it had imposed in its first pay-for-delay infringement decision in 2013.  The CJEU upheld the GC rulings and … Read more

HIGHLIGHTS FROM THE OECD WORKSHOP ON GENDER AND COMPETITION POLICY

As we celebrate International Women’s Week in various different ways, we have also been reflecting on gender and competition policy. This is an area which has been coming under increasing focus, and which our Brussels competition team is monitoring closely. Two key themes are the opportunity for competition authorities and practitioners to adopt a gender … Read more