Kristien Geeurickx

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 (...)

On 8 August 2022 the Competition Appeal Tribunal (CAT) set aside the CMA’s infringement decision in its Compare The Market investigation relating to the use of wide MFN clauses. The CAT concluded that the CMA’s definition of the relevant market in the decision was materially wrong and that (...)

The UK National Security and Investment (NSI) Act entered into force on 4 January 2022, introducing a new standalone UK regime for the review of qualifying transactions and investments on national security grounds (see our detailed briefing on the regime here). On 19 July 2022, the UK (...)

In its judgment of 13 July 2022 the General Court endorsed the EU Commission’s revised approach to Article 22 EU Merger Regulation (EUMR) referrals as set out in its March 2021 Guidance. The case relates to an appeal brought by Illumina against the Commission’s decision to accept the referral (...)

On 25 May 2022 the Supreme Court overturned the Court of Appeal’s ruling on costs in Pfizer and Flynn Pharma and concluded that the Competition Appeal Tribunal (CAT) had applied the correct test when awarding a proportion of their costs against the CMA. The Court of Appeal had held that, (...)

Following a comprehensive review and consultation process, the new revised EU vertical agreements block exemption Regulation (VBER) and Guidelines have now been published and will come into force on 1 June 2022. The Commission’s stated objectives of the review process were to adjust the safe (...)

On 6 May 2022 the UK government published its response to the July 2021 consultation on a new pro-competition regime for digital markets (see our blog post here), setting out its proposals for the design of a new regime to proactively shape the behaviour of the most powerful technology firms (...)

On 20 April 2022 the UK government published its response to the consultation launched in July 2021, proposing a wide range of far-reaching changes to the UK competition and consumer protection regimes (see our blog post on the consultation here). Taking into account the feedback received from (...)

On 1 March 2022 the EU Commission published, for consultation, its draft revised rules on horizontal cooperation agreements. The rules consist of two horizontal block exemption Regulations (covering Research & Development agreements and Specialisation agreements) and Guidelines on the (...)

The European Commission (“Commission”) is currently reviewing its Guidelines on Vertical Restraints (“Vertical Guidelines”) within the broader context of the review of the Vertical Block Exemption Regulation (“VBER”) and consulted on its proposals last year. It has now launched a further (...)

Through a pattern of recent enforcement action, the UK Competition and Markets Authority ("CMA") has sent a clear message to business: it will not hesitate to hold senior management personally liable for competition law infringements. As a matter of policy the CMA is increasingly determined to (...)

On 4 January 2022 the UK National Security and Investment (NSI) Act enters into force, introducing a new foreign direct investment (FDI) regime with standalone powers for the review of FDI in the UK. The new regime replaces the existing public interest merger regime provisions of the (...)

In its judgment of 6 October 2021, following a reference by the Provincial Court of Barcelona, the Court of Justice of the EU (CJEU) held that a victim of anti-competitive conduct is entitled to seek damages from the subsidiary (not referred to in the infringement decision) of an infringing (...)

On 18 August 2021 the Competition Appeal Tribunal (CAT) approved the first application for a collective proceedings order (CPO) under the UK’s competition class action regime introduced in 2015, in Walter Hugh Merricks CBE v Mastercard Incorporated and Others. The application was initially (...)

On 23 July 2021 the CMA published the report of its market study into the electric vehicle (EV) charging sector, in which it sets out a range of measures in order to ensure that a comprehensive and competitive national network of EV charge points is in place ahead of the 2030 ban on new petrol (...)

On 20 July 2021 the UK government launched a consultation on a wide range of far-reaching changes it is proposing to the UK competition and consumer protection regimes. As a result of Brexit the UK is now in a position to decide, independently from the EU Commission, how it promotes and (...)

On 20 July 2021 the government published a consultation on its proposals for a new pro-competition regime for digital markets. The proposals are based on the recommendations set out in the Furman Review, the CMA’s final report of its market study into online platforms and advertising and the (...)

On 9 July 2021, following a comprehensive consultation process, the EU Commission (Commission) published its proposals for a revised Vertical Block Exemption Regulation (Draft VBER) and Draft Vertical Guidelines, due to replace the current regime which expires on 31 May 2022. The previous (...)

On 17 June 2021 the CMA published a consultation on its proposed recommendations to the Secretary of State on the future of the retained vertical agreements block exemption Regulation (VBER). At the end of the Brexit transition period the EU VBER became retained EU law in the UK, until its (...)

In its judgment of 21 May 2021 the Competition Appeal Tribunal (“CAT”) upheld the CMA’s approach in applying the share of supply test to assert jurisdiction over Sabre’s acquisition of Farelogix, (with the CMA ultimately prohibiting the transaction following an in-depth investigation). The CAT (...)

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 (...)

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 (...)

On 4 March 2021 the EU Commission announced it has launched a formal investigation into possible anti-competitive conduct by pharmaceutical company Teva in relation to its blockbuster drug Copaxone, which is used in the treatment of multiple sclerosis. The patent for the active ingredient in (...)

On 16 February the UK government published a Report by John Penrose MP, commissioned earlier this year to lead a review on how the UK’s competition regime will need to evolve to meet its policy aims of promoting a dynamic, innovation-driven economy which delivers for consumers and businesses (...)

“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) (...)

On 27 January 2021 the CMA published high level Guidance on environmental sustainability agreements and competition law (Guidance). Supporting the transition to a low carbon economy is one of the CMA’s strategic objectives (set out in its annual plan for 2021/22) and the CMA is keen to ensure (...)

On 26 January 2021 the Competition Appeal Tribunal (CAT) published a notice of a standalone competition damages claim (brought under section 47A of the Competition Act 1998) by Kerilee Investments, a metal trader, against the International Tin Association, a UK based trade association. The (...)

On 1 January 2021, with the end of the Brexit transition period, the UK entered the real world of Brexit. This has immediate implications for merger control both in the UK and the EU. Any companies involved in deals need to be aware of the impact. As of 1 January 2021 the EU Merger (...)

On 18 December 2020 the Commission published a further consultation on its proposals for a revised vertical agreements block exemption Regulation (VBER) and guidelines. The Commission’s steps to date, and conclusions of its evaluation phase, are set out in our HSF Notes post from 17 September (...)

On 8 December 2020 the CMA issued advice to the UK government on the design and implementation of a new pro-competition regime for digital markets. The advice was prepared by the Digital Markets Taskforce (DMT) formally launched by the CMA on 1 July 2020, following recommendations by the (...)

Last week both the CMA and the European Commission published their final guidance on the impact of Brexit on competition law after the end of the transition period. Both sets of guidance explain the legal changes after the end of the transition period on 31 December 2020 and how these will (...)

On 28 May 2020 the General Court handed down its ruling in CK Telecoms UK Investment Ltd v European Commission (Case T-399/16) in which it annulled the EU Commission’s decision which prohibited the proposed acquisition by CK Hutchison Holdings Ltd (Hutchison) of Telefónica Europe plc (O2). The (...)

The Competition and Markets Authority (CMA) has published guidance on its approach to merger control during the COVID-19 pandemic. The guidance deals with procedural issues as well as substantive assessment, and makes it clear that on the whole the CMA’s approach remains one of ‘business as (...)

On 17 April 2020 the CMA announced its provisional clearance of Amazon’s proposed acquisition of a stake in Deliveroo. The transaction was referred for an in-depth Phase 2 investigation in December 2019, in light of concerns about the impact on competition for the supply of online restaurant (...)

On 8 April 2020 the Commission published a ‘Temporary framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current COVID-19 outbreak’ (Temporary Framework). The Commission recognises the exceptional challenges faced by (...)

In July this year the CMA launched its digital markets strategy, which sets out how the CMA will continue to protect consumers in rapidly developing digital markets. A key element of this strategy was the launch of a market study into online platforms and digital advertising and the CMA has (...)

On 31 January 2020, at 11pm GMT, the UK ceased to be a Member State of the EU and the transition period provided for in Article 126 of the Withdrawal Agreement started to run. This briefing looks at the provisions in the Withdrawal Agreement that are relevant for merger control, both during (...)

The CMA today published a penalty notice addressed to Sabre Corporation in the context of its anticipated acquisition of Farelogix Inc, for its failure to comply with two Section 109 Enterprise Act Notices. The anticipated acquisition is currently being examined by the CMA after its Merger (...)

On 10th May 2019 the CMA secured the disqualification of three former directors of companies involved in a bid rigging cartel in the design, construction and fit-out services sector. The three directors have given legally binding disqualification undertakings under which they will be banned (...)

In its judgment of 16 April 2019 the Court of Appeal overturned the Competition Appeal Tribunal’s (CAT) decision refusing certification in the MasterCard collective action claim and remitted the case back to the CAT for a re-hearing. The CAT’s refusal to certify the claim and grant a (...)

In a preliminary ruling request made by the Finnish Supreme Court on the question of the relevant entities liable for damages, the Court of Justice of the EU (CJEU) held that principles applied in order to determine the relevant entities for liability for fines under Articles 101 and 102 TFEU (...)

On 11 February 2019 the Competition Appeal Tribunal (CAT) upheld the CMA’s first infringement decision for breach of an interim order imposed on a completed merger under investigation. Electro Rent had served a break notice on the lease of its UK premises without first seeking the CMA’s (...)

The General Court’s ruling in Goldman Sachs’ appeal in the power cables cartel confirms that the bank was jointly and severally liable for the conduct of Prysmian, one of the cartelists, because of the nature of its investment in the company. The General Court confirmed that the Commission was (...)

For the first time since the EU Merger Regulation (EUMR) came into force the Court of Justice of the EU (CJEU) has provided guidance on the scope the standstill obligation (Article 7(1) EUMR) which prevents parties implementing their transaction before the EU Commission issues a clearance (...)

The Supreme Court has found that the OFT (the CMA’s predecessor) did not act unlawfully in failing to repay fines imposed on Gallaher and Somerfield as part of their settlement of the OFT’s tobacco retail pricing investigation. This was the case despite there being: a successful appeal against (...)

The EU Commission has imposed a fine of €124.5 million on Altice, a multinational cable and telecoms company, for having implemented its acquisition of Portuguese telecoms operator PT Portugal prior to notifying the transaction and receiving clearance under the EU Merger Regulation (EUMR), (...)

On 13 September 2017 the EU Commission unveiled a set of proposals for the screening of foreign direct investments into the EU. Whereas the Commission recognises the benefits of foreign direct investment and its importance for growth, jobs and innovation in the EU, it also wants to be in a (...)

In its long awaited judgment on Intel’s appeal against the General Court’s ruling that its rebate scheme was inherently anticompetitive and that there was no need to consider the circumstances of the case, the Court of Justice of the European Union (CJEU) has today referred the case back to (...)

In Intel’s appeal against the General Court’s judgement of June 2014 (which upheld the Commission’s decision that Intel abused its dominant position by virtue of operating exclusivity rebate schemes – see here for our e-bulletin on the judgment), Advocate General Wahl recommends that the Court (...)

This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 6 October 2015, the European Court of Justice (the Court) issued its preliminary ruling in Post Danmark A/S v Konkurrencerådet (Competition (...)

This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In its ruling of 19 March 2015 (Case C-286/13P) relating to the banana cartel, the Court of Justice of the EU (CJEU) dismissed the appeal by banana importer (...)

On 25 April 2013 the Enterprise and Regulatory Reform Bill (ERR Bill) received Royal Assent. The proposals for reform of the UK competition regime, published by the Government in March 2012, are set out in Part 3 and Part 4 of the new ERR Act and are expected to come fully into force in April (...)

1. Introduction The Court of Justice of the EU (ECJ) has dismissed AstraZeneca’s appeal against the Commission’s and General Court’s findings that the company abused its dominant position under Article 102 TFEU by misusing the patent system and pharmaceutical marketing procedures in order to (...)