Gabriele Accardo

Ashurst (Milan), Stanford University - Stanford Law School
Lawyer / Research fellow

Gabriele is a lawyer and scholar who, after more than twelve years of professional and academic experience, has developed a strong expertise in competition law and other complex areas of law that deal with business and innovation. For about ten years, he was based in Brussels (until early 2012), where he practiced EU law and competition law at two leading international law firms (Lovells and WilmerHale). He continues practicing law, sharing his time between Rome and Brussels. Gabriele is a graduate of the University of Palermo School of Law, Italy, and holds an MA in Antitrust, Economics and Market Regulation from the Center for International Studies on Economy and Development of the University of Rome "Tor Vergata", Italy. His current research project deals with the intersection of data protection and antitrust laws from the standpoint of the EU and US. He has been a TTLF Fellow since September 2009.

Distinctions

Gabriele is a lawyer and scholar who, after more than twelve years of professional and academic experience, has developed a strong expertise in competition law and other complex areas of law that deal with business and innovation. For about ten years, he was based in Brussels (until early 2012), where he practiced EU law and competition law at two leading international law firms (Lovells and WilmerHale). He continues practicing law, sharing his time between Rome and Brussels. In 2014, he co-founded Innoventually, an Open Innovation platform, that allows companies to find innovative solutions to their innovation needs. Gabriele is a graduate of the University of Palermo School of Law, Italy, and holds an MA in Antitrust, Economics and Market Regulation from the Center for International Studies on Economy and Development of the University of Rome “Tor Vergata”, Italy. His current research project deals with the intersection of data protection and antitrust laws from the standpoint of the EU and US. He has been a TTLF Fellow since September 2009.

Linked author

RSM US

Articles

9749 Bulletin

Gabriele Accardo The German Federal Cartel Office condemns an athletic equipment company for restricting online sales of its small and medium-sized authorized dealers (Asics)

138

Germany’s Federal Cartel Office finds ASICS’ restrictions of online sales illegal* On 27 August 2015, the Federal Cartel Office (“FCO”) concluded its proceedings concerning certain anticompetitive restrictions in the distribution system of ASICS Deutschland (“ASICS“), and found that ASICS breached (...)

Gabriele Accardo The German Competition Authority imposes further fines on a mattress producer for allegedly imposing resale prices on retailers selling its products (Metzeler Schaum)

132

Germany’s Federal Cartel Authority imposes further fines in mattress case* Last 6 February Germany’s Federal Cartel Authority (“FCA”) fined mattress producer Metzeler Schaum Gmbh (“Metzeler”) Euro 3.38 million for allegedly imposing resale prices on retailers selling its products, in breach of (...)

Gabriele Accardo The Italian Administrative Tribunal fines two pharmaceutical companies for colluding to create an artificial product differentiation in order to influence the prescriptions of doctors and health services in favor of the more expensive product (Roche, Novartis)

77

Italian court confirms hefty fines on Novartis and Roche* On 2 December 2014, Italy’s Tribunale Amministrativo Regionale del Lazio (“TAR Lazio”) handed down its ruling (only available in Italian) concerning the alleged anticompetitive agreement between Roche and Novartis in the market for (...)

Gabriele Accardo A US District Court dismisses with prejudice a class action insofar as the class action’s plaintiffs have not overcome the pleading deficiencies following the first judicial review of their pleadings (OTC Hotel Booking)

58

U.S. District Court for the Northern District of Texas dismissed Second Consolidated Amended Complaint against hotel chains and online travel agencies* On 28 October 2014 the U.S. District Court of the Northern District of Texas dismissed with prejudice a class action against hotel chains and (...)

Gabriele Accardo The EU Commission sends formal charges to companies regarding a cooperation agreement which may have limited availability of a product and technical development (Honeywell, DuPont)

43

Commission sends formal charges to Honeywell and DuPont regarding cooperation on car air conditioning refrigerant* On 21 October 2014 the European Commission issued formal charges to Honeywell and DuPont, based on allegations that the cooperation agreement they entered into in 2010 on the (...)

Gabriele Accardo A UK Court quashes the OFT decision accepting commitments for failing to inform itself about the possible impact on price transparency of an obvious and clear restriction on disclosure of price information (Skyscanner)

60

UK Court quashes decision accepting the commitments by OTAs and hotel chain in the online booking sector* Last 26 September, following an appeal by meta-search site Skyscanner, the UK Competition Appeal Tribunal (“CAT”) quashed the decision of the Office of Fair Trading (the “OFT”) to accept (...)

Gabriele Accardo The US FTC states that in order to address the competition concerns raised by the proposed acquisition of pharma laboratories, a settlement agreement to sell or relinquish rights to generics pharmaceuticals has been tentatively accepted (Actavis)

72

U.S. FTC makes Actavis’ acquisition of Forest subject to conditions* On 30 June 2014, the U.S. Federal Trade Commission (“FTC”) stated that, in order to address the competition concerns raised by Actavis’s proposed acquisition of Forest Laboratories, it has tentatively accepted the proposed (...)

Gabriele Accardo The Italian Competition Authority initiates antitrust proceedings concerning use of most favored nation clauses in the online hotel reservations space (Booking.com / Expedia)

198

Italian competition authority investigates online hotel bookings* On 7 May 2014, the Italian Competition Authority (“Agcm”) initiated proceedings (decision only available in Italian) against Booking.com and Expedia in the online hotel reservations space. This is yet another case in the wake of (...)

Gabriele Accardo The EU Commission finds that the order sought and the enforcement of an injunction before a German Court on the basis of a smartphone standard essential patent constituted abuse of dominance (Motorola Mobility)

270

European Commission finds that Motorola Mobility misused standard essential patents* On 29 April 2014, the European Commission European held that it has adopted a decision which found that Motorola Mobility’s (“Motorola”) seeking and enforcement of an injunction against Apple before a German (...)

Gabriele Accardo The EU Commission approves commitments concerning certain standard essential patents relating to the European Telecommunications Standardisation Institute’s 3G UMTS standard (Samsung Electronics)

196

European Commission makes commitments offered by Samsung Electronics legally binding* On 29 April 2014, the European Commission European issued a decision (see also the related press release) which made legally binding the commitments offered by Samsung Electronics (“Samsung”) in relation to (...)

Gabriele Accardo The German Competition Authority investigates an absolute prohibition to use online marketplaces and price comparison engines imposed on the dealers by a supplier of sports goods (Asics)

187

Bundeskartellamt raises objections against ASICS’s restrictions of online sale* On 24 April 2014 the Bundeskartellamt issued a press release stating that, based on preliminary investigation, it has found that ASICS Deutscheland’s selective distribution system restricts competition among its (...)

Gabriele Accardo The French Competition Authority receives commitments concerning certain exclusionary practices consisting in particular of tying the purchase of brand coffee capsules to that of coffee machines (Nespresso)

151

Nespresso offers commitments to lift barriers to entry for other coffee capsule makers in France* On 17 April 2014 the French Competition Authority (“AdlC”) published a press release and a market test notice illustrating the measures that Nespresso proposed to lift barriers to entry for other (...)

Gabriele Accardo The US FTC approves petition to modify an order imposing restrictions on the ability to enter into certain conditional supply relationships, since the competition among purchasers and sellers of toys has been reshaped following the emergence of online retailers and the growth of two other purchasers (Toys “R” Us)

87

U.S. FTC modifies 1998 order against Toys “R” Us based on market changes brought about by e-commerce* On 15 April 2014 the U.S. Federal Trade Commission approved a petition submitted by Toys “R” Us (“TRU”) to reopen and modify an order issued in 1998, which required TRU to refrain from certain (...)

Gabriele Accardo The Italian Competition Authority establishes an anticompetitive agreement in the market for ophthalmic drugs used to treat vascular eyesight diseases (Roche / Novartis)

146

Italian Competition Authority imposes hefty fines on Roche and Novartis* On 27 February 2014, the Italian Competition Authority (“ICA”) issued a decision (in Italian only) finding that Roche and Novartis entered into an anticompetitive agreement in the market for ophthalmic drugs used to treat (...)

Gabriele Accardo The French Competition Authority makes legally binding the commitment of the holder of a legal monopoly over horserace bets placed in physical outlets, to separate its online horserace betting activity from its point of sale network (Pari Mutuel Urbain)

65

French Competition Authority orders PMU to separate its online horserace betting activity from its physical point of sale network* On 25 February 2014, the French Competition Authority (“AdlC”) issued a decision (available only in French) making legally binding the commitment of Pari Mutuel (...)

Gabriele Accardo The US District Court of Dallas dismisses a class action lawsuit filed by an online travel discount company against 12 dominant hotel chains and 9 online travel agencies alledging unfair exclusion from the market (OTC / Hotel Booking)

186

U.S. District Judge in Texas dismisses class action lawsuit against conspiracy by online travel agencies and hotels to fix the price of hotel rooms* On 18 February 2014, U.S. District Judge Jane Boyle of the Northern District of Texas Dallas Division dismissed a class action lawsuit that (...)

Gabriele Accardo The Italian Council of State reinstates penalties against pharmaceutical company for filing application for a divisional patent and its related SPC concerning a class of molecules already covered by the main patent (Pfizer)

223

Italy’s Council of State reinstates the fine imposed on Pfizer for delaying a generic’s market entry* On 12 February 2014, Italy’s Council of State (the “CdS”) dismissed the ruling of the lower administrative court (the “TAR Lazio”) which quashed the decision of Italian Competition Authority (the (...)

Gabriele Accardo The German Federal Cartel Office issues a press release concerning its decision to prohibit the hotel booking portal from continuing to apply its “best price” clause (Booking.com / Expedia / HRS)

445

German Federal Cartel Office bans use of MFN clauses by HRS and opens new proceedings against Booking.com and Expedia* On 20 December 2013, Germany’s Federal Cartel Office (“FCO”) issued a press release concerning its decision to prohibit the hotel booking portal HRS from continuing to apply its (...)

Gabriele Accardo The EU General Court confirms that the merged parties are not dominant in the internet visual communications market and rejects interoperability issues raised by appellants (Microsoft / Skype)

252

EU Court upholds the Commission’s decision on the Microsoft/Skype deal* On 11 December 2013 the EU’s General Court (the “Court”) handed down its ruling concerning Microsoft’s acquisition of Skype. The Court held that the Commission rightly considered that the transaction does not restrict (...)

Gabriele Accardo The UK OFT issues a statement of objections to four pharma manufacturers for anticompetitive agreements over the supply of paroxetine (GSK / GUK / Alpharma / IVAX)

189

UK OFT investigates GSK and generics manufacturers over pay for delay deals* On 19 April 2013 the UK Office of Fair Trading (“OFT”) issued a Statement of Objections to GlaxoSmithKline (“GSK”) and three generics manufacturers (Alpharma Limited, Generics UK Limited and Norton Healthcare Limited) (...)

Gabriele Accardo The Italian Competition Authority opens proceedings against pharmaceutical companies in relation to an alleged anticompetitive agreement for restricting drug sales (Roche, Novartis)

82

Roche and Novartis investigated for an alleged cartel in Italy* On 6 February 2013 the Italian Competition Authority opened proceedings against the Roche Group and the Novartis Group in relation to an alleged anticompetitive agreement for excluding the ophthalmic use of Roche’s Avastin in order (...)

Gabriele Accardo The Italian Council of State reinstates fine for abuse of dominant position in the market for the production and commercialization of fosetyl-based fungicides (Bayer Cropscience)

37

Italian Council of State reinstates abuse fine on Bayer Cropscience Srl and Bayer Cropscience AG* Last 29 January 2013, the Italian Council of State published its ruling that quashed the Regional Administrative Court of Lazio’s judgment of 16 May 2012 in the Bayer Cropscience case. The TAR (...)

Gabriele Accardo The EU Court of Justice upholds the abuse of patents system and the procedures for marketing pharmaceutical products in order to prevent or delay the arrival of competing generic medicinal products on the market for proton pump inhibitors (AstraZeneca)

65

ECJ rejects appeal relating to abuse of the patent system and the procedures for marketing of drugs* On 6 December 2012, the European Court of Justice (“ECJ”) handed down its ruling rejecting AstraZeneca’s (“AZ”) appeal in relation to the Losec case. In the first instance, the General Court largely (...)

Gabriele Accardo The EU Commission approves joint-venture offering enhanced security services for applications such as mobile payments running on smartphones and tablets (Giesecke & Devrient / Gemalto)

52

European Commission approves joint-venture in the market of Trusted Execution Environments* On 7 November 2012, the European Commission has approved, subject to conditions, the creation of the joint-venture (“the JV”) between ARM, Giesecke & Devrient and Gemalto, under the European (...)

Gabriele Accardo The EU Competition Commissioner makes a statement on the progress of the on-going investigation into the alleged abuse of dominance in the search engine market (Google)

92

Almunia offers Google settlement talks* Last 21 may 2012, Competition Commissioner Joaquin Almunia made a statement on the progress of the on-going investigation into Google’s alleged abuse of dominance in the search engine market, which the Commission was investigating since November 2010 (see (...)

Gabriele Accardo The Italian Competition Authority fines pharma undertaking for abusing its dominant position in the market for products for the treatment of visual glaucoma (Pfizer)

113

Italian Competition Authority fines Pfizer for abuse of dominance relating to visual glaucoma drugs* On 11 January 2012 the Italian Competition Authority (“ICA”) issued a decision fining Pfizer Euro 10.6 million for abusing its dominant position in the market for products for that treat visual (...)

Gabriele Accardo The EU Commission accepts commitments offered by financial services company to abolish the licensing fees that banks pay for the use of US International Securities Identification Numbers (S&P)

28

European Commission makes Standard & Poor’s commitments legally binding* On 15 November 2011 the European Commission announced it has decided to make the commitments offered last May 2011 by Standard & Poor’s (“S&P”), to abolish the licensing fees that banks pay for the use of U.S. (...)

Gabriele Accardo The French Competition Authority accepts the commitments undertaken by a search engine company as regards possible exclusionary conduct on the market for online advertising (AdWords)

84

French Competition Authority makes Google’s commitments in Navx case binding* On 28 October 2010, the French Autorité de la Concurrence (“FAC”) formally accepted and thereby made binding on Google a set of improved commitments (available only in French) which the FAC considered to properly address (...)

Gabriele Accardo The Italian Competition Authority investigates the allegations of foreclosure of market access for a new generic drug for treating visual glaucoma (Pfizer)

63

Italian Competition Authority investigates Pfizer’s effort to obstruct market access for a new generic drug for treating visual glaucoma* On 13 October 2010, the Italian Competition Authority (“ICA”) opened an investigation to ascertain whether Pfizer’s attempt to prolong the patent protection for (...)

Gabriele Accardo The EU Commission declares that it won’t open formal proceedings against changed policies on restrictions imposed on the development of applications for smart phones operating system and cross-border warranties (Apple iPhone)

96

European Commission closes preliminary investigations into Apple’s iPhone policies* On 25 September 2010, the European Commission declared that it would not open formal proceedings against Apple, following Apple’s iPhone change of policies on restrictions on the development of applications (or (...)

Gabriele Accardo The EU Commission declares that it would not open formal proceedings following the change of policies on restrictions on the development of apps for smartphone operating system and cross-border warranties (Apple’s iPhone)

265

European Commission closes preliminary investigations into Apple’s iPhone policies* On 25 September 2010, the European Commission declared that it would not open formal proceedings against Apple, following Apple’s iPhone change of policies on restrictions on the development of applications (or (...)

Gabriele Accardo The Italian Competition Authority publishes commitments offered to put an end to an antitrust investigation under article 102 TFEU concerning use of newspaper content (Google)

28

Google offers commitments to close investigation in Italy* On 14 May 2010, the Italian Competition Authority (“AGCM”) published the commitments (available on the AGCM website) offered by Google to put an end to an antitrust investigation of its Google News service under Article 102 TFEU (see (...)

Gabriele Accardo The UK Competition Commission concludes that a proposed merger in the entertainment industry would not result in a substantial lessening of competition in the market for live music ticket retailing (Live Nation / Ticketmaster)

33

Ticketmaster/Live Nation merger gets final clearance in the UK* On 7 May 2010, the UK Competition Commission (“CC”) reaffirmed its initial decision of December 2009 (see Newsletter 1/2010 p. 9 for details) concluding that the merger of Live Nation and Ticketmaster would not result in a (...)

Gabriele Accardo The Italian Competition Authority decides to extend the scope of its ongoing investigation in order to ascertain whether the contract conditions imposed on domestic website publishers for online ad-serving were illegal (Google)

22

Italian Competition Authority widens investigation into Google* On 3 March 2010, the Italian Competition Authority (“ICA”) decided to include Google Ireland in its ongoing investigation of last August 2009 (see Newsletter 5/2009 p. 10) to ascertain whether the contract conditions imposed by (...)

Gabriele Accardo The European Commission sends SOs following a complaint lodged by several associations representing investors against financial service company (Standard & Poor’s)

19

Commission sends statement of Objections to Standard & Poor’s* On 16 November 2009 the Commission sent a Statement of Objections (“SO”) to Standard & Poor’s (“S&P”), a division of McGraw-Hill Companies, Inc. The SO follows a complaint lodged by several associations representing (...)

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