Five Years of Activity in a Priority Sector: The European Commission’s Report on Competition Enforcement in the Pharmaceutical Sector (2018-2022)

The European Commission (“Commission“) has published a comprehensive report showcasing the strengthening of antitrust and merger control enforcement in the pharmaceutical sector in the EU over the last five years (2018-2022). The report, produced by the Commission in cooperation with the 27 national competition authorities (“NCAs“), builds on the previous report covering the period 2009-2017, … Read more

What investors need to know about the European Commission’s new economic security initiatives and their potential impact on investment screening

On 24 January 2024 the European Commission announced five related initiatives aimed at enhancing EU “economic security” in the face of risks arising from increased geopolitical tensions and accelerated technological shifts. Depending on the form in which they are ultimately implemented, these initiatives are likely to have significant implications for investors seeking to invest in … Read more

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

EU AI Regulation – Political Agreement Reached on the EU’s Landmark AI Act

After nearly three years of discussions and negotiation, political agreement has finally been reached in relation to the EU’s AI Act, the first major comprehensive regulation in relation to artificial intelligence.  While the text is not yet available, the key elements of the agreement are now clear.  In particular, the functional “risk-based” approach remains at … Read more

GCR Foreign Direct Investment Regulation Guide – third edition: now live and free to access online

The third edition of the Global Competition Review (GCR) Guide to Foreign Direct Investment Regulation – edited by Veronica Roberts, competition and foreign investment partner at Herbert Smith Freehills – has now been published online. The Guide has once again been comprehensively updated for this new edition to reflect important recent developments in the rapidly-evolving … Read more

Upcoming reform of the FDI screening regulation – outcome of the European Commission evaluation report

On 28 November 2023, the European Commission published the results of the evaluation of Regulation (EU) 2019/452 (“FDI Screening Regulation“), which is intended to serve as the basis for the evaluation and revision of the FDI Screening Regulation. This blog post summarises the key findings of the evaluation report, highlights possible implications for the upcoming … 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

The View from Brussels: The EU embraces Industrial Policy

In the past industrial policy was a matter for the EU Member States.  Indeed Article 6, of the Treaty on the Functioning of the European Union (“TFEU”) lists industrial policy as an area where the Union may only “support, coordinate or supplement the actions of the Member States” in the same way as for health … Read more