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

DIGITAL MARKETS ACT SOON TO ENTER INTO FORCE – OVERVIEW OF KEY PROVISIONS

The Digital Markets Act (DMA) is a ground-breaking piece of EU regulation, imposing rules on platforms acting as “gatekeepers” in the digital sector, and aiming to ensure fairness and contestability in digital markets. It will enter into force on 1 November 2022, setting the clock running for gatekeepers to comply. In summary, it introduces ex … 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

Commission publishes the Second Annual Report on the screening of FDI into the European Union

On 1 September 2022, the European Commission (“Commission”) published the Second Annual Report on the screening of foreign direct investments (“FDI”) into the European Union (available here), and the accompanying Commission Staff Working Document (available here), pursuant to the annual reporting obligation under Article 5 of Regulation (EU) 2019/452 (“FDI Regulation”). This is the second … Read more

Cartel Intel: seventh edition now live

The cartel crackdown continues across EMEA, with levels of enforcement exceeding those witnessed immediately before the COVID-19 pandemic. Leading the way, the European Commission has conducted new dawn raid inspections in each of May, June and July. At the same time, the rules of the game have changed: the nature and scope of dawn raid … Read more

COMPETITION IN DIGITAL MARKETS (LEXOLOGY GTDT THIRD EDITION)

Experts from across our London, Brussels and Dusseldorf competition teams have updated the content for the third edition of Lexology Getting the Deal Through: Competition in Digital Markets, the go-to publication helping businesses and their advisers successfully navigate the myriad of complex issues that can arise when applying competition law in digital markets. Read more

Illumina’s acquisition of Grail blocked by the EU Commission

On 6 September 2022 the EU Commission adopted a decision under the EU merger Regulation (EUMR) prohibiting the completed acquisition by Illumina of GRAIL.  This is the first time the Commission has examined a transaction below the EUMR thresholds and all national EU Member State thresholds which was referred to it pursuant to its revised … Read more

Consortia and Competition Law

The European Commission’s draft revision of the horizontal cooperation guidance published on March 1, 2022, for the first time includes a specific section on the assessment of consortia agreements. Up to now, there has been very limited guidance in case law and in the existing horizontal cooperation guidelines. Members of our Brussels office have recently … Read more

Cartel Intel – interview with FTI Consulting Senior Managing Director Ashley Brickles

In advance of the next edition of Cartel Intel, Brussels Partner Daniel Vowden sat down with Ashley Brickles, Senior Managing Director at FTI Consulting, to discuss the changed nature of dawn raid inspections, the new tools and technologies available to antitrust authorities, and the precautions businesses should sensibly be taking to mitigate risks and maximise … Read more