UK Government endorses the CMA’s recommendations for pro-competitive measures in online platforms and digital advertising

    On 27 November 2020, the UK Government published its response to the CMA’s recommendations set out in its final report of its market study into online platforms and digital advertising (the “Final Report”). The Government broadly endorses the CMA’s recommendations, though it identifies the need for further evidence and analysis before granting the full scope … Read more

    The European Commission fines Cephalon and Teva €60.5 million in its fourth “pay-for-delay” decision

    The European Commission (EC) has fined Teva and Cephalon a total of €60.5 million for concluding a “pay-for-delay” settlement agreement that delayed the market entry of a generic version of modafinil (a drug used for sleep disorders). “Pay-for-delay” agreements, whereby a generic company agrees to restrict or delay its independent entry into the market in … Read more

    CJEU confirms Pirelli’s parental liability in Power Cables Cartel

    On 28 October 2020, the Court of Justice of the EU (CJEU) dismissed in its entirety an appeal brought by Pirelli & C. SpA (Pirelli) against a General Court ruling which confirmed Pirelli’s joint and several liability in the 2014 power cables cartel. The CJEU confirmed the General Court’s findings that the Commission was entitled … Read more

    Handle with care: Sensitive personal data in antitrust investigations

    “Documents which are not linked to Facebook Ireland Ltd’s business activities and which contain sensitive personal data shall be placed in a virtual data room which shall be accessible to as limited a number as possible of members of the team responsible for the investigation”. On 29 October 2020, in two identical orders, 1  the … Read more

    Partial win for JD Sports in the CAT on Covid-19 grounds

    JD Sports has partially won its appeal against the CMA’s prohibition decision of its acquisition of  Footasylum, on a number of grounds which relate to the CMA’s failure to adequately take into account the impact of Covid-19 on the transaction. Read more

    What does the UK’s new national security investment screening regime mean for investors?

    On 11 November 2020 the UK Government introduced the National Security and Investment Bill (NSI Bill) to Parliament, setting out significant legislative reforms which will overhaul the review of transactions and investments on national security grounds in the UK, against a backdrop of tightening of foreign direct investment (FDI) regimes globally. If passed, the NSI Bill will … Read more

    Prime Suspect? European Commission launches second parallel investigation against Amazon

    On 10 November 2020, the European Commission (the Commission) announced that it had issued a Statement of Objections to Amazon in its investigation into Amazon’s use of non-public data of sellers gathered from its marketplace platform to the benefit of its competing retail businesses. Simultaneously, the Commission launched a second formal investigation into Amazon’s possible … Read more

    Open Innovation: How can competition rules support innovation?

    First published on our IP blog Innovation is recognised as a ‘parameter of competition’ and so, as a basic principle, companies are encouraged to innovate in competition with other players in the market. This has become particularly relevant for innovation-driven industries – such as the pharmaceutical and digital sectors for example where research and development activities are an important driver … Read more