Commission publishes guidance on Article 22 referrals for transactions falling below national thresholds – New approach can impact pharma, tech and other deals involving start-ups or innovators

On 26 March 2021 the EU Commission (Commission) published revised guidance on the referral mechanism set out in Article 22 of the EU Merger Regulation (EUMR), under which the Commission will now accept referrals from Member States for deals that fall below the domestic jurisdictional thresholds of the referring country, in order to capture more … 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

Excessive pricing: EU Commission accepts Aspen’s drug pricing commitments

“When the price of a drug suddenly goes up by several hundred percent, this is something the Commission may look at” Commissioner Vestager said when opening a formal investigation into Aspen’s alleged excessive pricing conduct in May 2017.  On 10 February 2021, the EU Commission (Commission) closed the investigation by accepting legally binding commitments offered … Read more

Subsidy Control in the UK following the end of the Brexit Transition Period

The EU State aid regime in its current form ceased to be applicable in the UK as at the end of 31 December 2020, when the Brexit transition period expired.  Going forward, State aid or “subsidy control” in the UK will be based on the subsidy control chapter under the UK-EU Trade and Cooperation Agreement … Read more

The EU Commission’s evolving Green Deal strategy – more clarity please

On 4 February 2021, the European Commission’s long-awaited Conference on Competition Policy Contributing to the European Green Deal took place (see our previous blog on the consultation preceding the conference here).  The conference was opened by Commission Executive Vice President and Commissioner in charge of competition policy, Margrethe Vestager. Read more

The Impact of Brexit and Origin Rules on Trade between Japan, the UK and the EU

At the end of the Brexit transition period on 31 December 2020, the EU-Japan Economic Partnership Agreement (“EU-Japan EPA”) ceased to apply to trade with the UK.  In anticipation of this change the UK and Japan signed on 23 October 2020 a “roll-over” or continuity trade agreement that largely mirrors the terms of the EU-Japan … Read more