Van Bael & Bellis (Brussels)

Michael Clancy

Van Bael & Bellis (Brussels)
Partner

Michael Clancy is a partner with Van Bael & Bellis based in their Brussels office. He is a competition lawyer who focuses on providing clients with actionable, commercially-minded advice and solutions, allowing clients to manage complex internal and external challenges and achieve their objectives. Michael Clancy works with clients in a range of industries and has extensive experience in the life sciences sector, where he advises clients on the competition law issues arising throughout the lifespan of a product.

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Van Bael & Bellis (Brussels)
Van Bael & Bellis
Van Bael & Bellis (Brussels)
Van Bael & Bellis (Brussels)
Van Bael & Bellis (Brussels)

Articles

20740 Bulletin

Peter L’Ecluse, Catherine Longeval, Michael Clancy, Koen T’Syen The Belgian Competition Authority seeks a ’hold separate’ measure to delay the full integration of a merger between two telecoms, one of which is failing, until after the Authority completes its abuse of dominance investigation (Edpnet / Proximus)

53

Last month, the Belgian Competition Authority ( BCA ) decided to open abuse of dominance proceedings against telecommunications operator Proximus on account of that party’s acquisition of struggling Edpnet (see, Life Sciences News and Insights, 23 March 2023). On 20 April 2023, the BCA’s chief (...)

Michael Clancy, Catherine Longeval, Peter L’Ecluse, Koen T’Syen The Belgian Competition Authority opens abuse of dominance proceedings over a below thresholds acquisition, in the first case following the Towercast precedent (Proximus / Edpnet)

332

The Belgian Competition Authority ( BCA ) announced yesterday that it would review the acquisition of Edpnet by telecommunications operator Proximus under the rules prohibiting abusive conduct by dominant companies (see, attached press release). Edpnet supplies broadband communications services (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Belgian Competition Authority imposes a €2.7M fine on a pharmaceutical company for abusing its dominance by misleading healthcare professionals about the effectiveness of a generic drug competitor (Novartis)

793

As if on cue, the Belgian competition authority announced on 24 January 2023 new significant developments with regard to their enforcement activities in the pharmaceutical sector. The Belgian Competition Authority (BCA) indicated that it had imposed a fine of EUR 2,782,808 on Novartis for (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Lithuanian Competition Authority fines a pharmaceutical association and pharmaceutical companies for collusion while participating in margin-setting

1152

According to the attached press release of yesterday’s date, the Lithuanian competition authority ( Konkurencijos Taryba or KT ) levied total fines of more than EUR 72 million on the Lithuanian Pharmacy Association and 8 individual pharmaceutical companies. While KT imposed a record fine, the (...)

Catherine Longeval, Peter L’Ecluse, Michael Clancy, Koen T’Syen The Spanish Competition Authority fines the maker of an orphan medicine to treat a rare metabolic disorder €10.25M for imposing excessive prices (Leadiant)

1617

On 14/11/2022, the Spanish Competition Authority (CNMC) imposed a fine of EUR 10.25 million on Leadiant because that firm was found to have abused its dominant position by applying excessive prices for chenodeoxycholic acid, an orphan medicine indicated for the treatment of patients afflicted (...)

Catherine Longeval, Michael Clancy, Peter L’Ecluse, Koen T’Syen The Spanish Competition Authority fines a contraceptive products company for abuse of dominant position over alleged abuse of patent rights (Merck Sharp & Dohme)

632

Today, the Spanish competition authority (Comisión nacional de los mercados y la competencia - CNMC ) imposed a fine of EUR 38,934,000 on Merck Sharp & Dohme ( MSD ) because that firm allegedly abused its dominant position in the market for contraceptive vaginal rings (see, attached press (...)

Michael Clancy, Peter L’Ecluse, Koen T’Syen, Catherine Longeval The EU Court of Justice AG Kokott endorses the application of Article 102 TFEU to the acquisitions of nascent firms by dominant players in high technology sectors (Towercast)

486

AG Kokott Supports Application of Article 102 TFEU to Acquisitions of Small Promising Firms in Life Sciences and Other High Technology Sectors In a non-binding opinion given to the Court of Justice of the European Union (CJEU) Advocate General Kokott yesterday expressed the view that (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval The Danish Competition Authority makes recommendations for increased competition in pharmacy sector to bolster lower prices and improve services

704

On 28 September 2022, the Competition Council of the Danish Competition and Consumer Authority ( DCCA ) issued 6 recommendations to bolster competition, ensure lower prices and improve service in the pharmacy sector (see, attachment). The recommendations stem from an analysis of competitive (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission prohibits the acquisition of a genetic analysis provider by a cancer detection healthcare company (Illumina / GRAIL)

746

On 6 September 2022, the European Commission (the Commission ) prohibited the acquisition of cancer detection test start-up Grail by genetic and genomic analysis firm Illumina (see, attached Commission press releases). This decision formed the dramatic culmination of a procedure which the (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission continues to pursue "gun jumping" merger control proceedings against two pharmaceutical companies on EU merger control referral thresholds (Illumina / GRAIL)

1467

On 20 August 2021, the European Commission (the Commission ) said that it would investigate whether Illumina’s decision, made public on 18 August 2021, to acquire Grail pending the Commission’s review of that transaction under Regulation 139/2004 on the control of concentrations between (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU General Court confirms the Commission may review a merger between two biotech companies despite the fact that EU and national turnover thresholds are not reached (Illumina / GRAIL)

565

Yesterday, the General Court of the European Union came down on the side of the European Commission (the Commission ) in that agency’s dispute with genomics firm Illumina and held that the Commission has jurisdiction to examine Illumina’s acquisition of cancer detection test start-up Grail, (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Luxembourg Competition Authority publishes results of sector inquiry into medicines and pharmacies and makes recommendations for regulatory reform

1358

On 16 June 2022, the Luxemburg Competition Authority (LCA) published its report (the Report) detailing the outcome of a sector inquiry into medicines and pharmacies (see, attached press release and Report). The Report does not analyse possibly anticompetitive behaviour of private firms but (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The French Supreme Court agrees with the Paris Court of Appeal’s decision reducing a €25M fine to €21M for abuse of dominance by obstructing the entrance of generic drugs onto the market (Janssen-Cilag)

262

On 1 June 2022, the French Supreme Court (Cour de cassation) upheld the judgment of the Paris Court of Appeal, which in turn largely upheld the 2017 decision of the French Competition Authority (FCA) to impose fines of EUR 25 million on Janssen Cilag and its parent company Johnson & Johnson (...)

Barbara Monti, Michael Clancy, David Hull The UK Competition Authority publishes its decision to fine a pharmaceutical company £155M for excessive pricing and £111.5M for market exclusion agreements (Auden McKenzie / Actavis)

96

On 31 March 2022, the CMA published one of its longest decisions (1077 pages), in which it imposed fines of £155 million on Accord-UK (previously Auden McKenzie/Actavis) for excessive price increases on hydrocortisone tablets after they were de-branded and fell outside the UK NHS price (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Belgian Competition Authority imposes a fine of €29.8M on a subsidiary and pharmaceutical wholesaler on account of participation in an alleged cartel between 2003 and 2016 (Pharma Belgium-Belmedis / Febelco / CERP)

336

The Belgian Competition Authority (BCA) announced today that it imposed a fine of EUR 29.8 million on McKesson subsidiary and pharmaceutical wholesaler Pharma Belgium-Belmedis (PBB) on account of that firm’s participation in an alleged cartel between 2003 and 2016 (see, attached press release). (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Dutch Competition Authority requires a pharmaceutical producer of TNF inhibitor to waive quantity conditions on its discounts to purchasing hospitals (Pfizer)

217

The Dutch competition authority today announced, and at the same time closed, a case concerning pricing strategies against biosimilar competitors. The case concerns the product Enbrel (etanercept - a TNF inhibitor use for treatment of autoimmune diseases), and involves alleged conditional (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The UK Competition Authority announces that several firms have been fined a total of over £35M for an anti-competitive arrangement in the supply of important National Health Service prescription anti-nausea tablets (Alliance Pharmaceuticals / Focus / Lexon)

186

On 3 February 2022, the UK Competition and Markets Authority (CMA) announced that – following an investigation into the conduct of several pharmaceutical firms – it had fined several firms a total of over £35 million for an anti-competitive arrangement in the supply of important National Health (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Romanian Competition Authority opens an investigation into a pharmaceutical company’s alleged abusive behaviour on two distinct markets (Boehringer Ingelheim)

294

On 6 December 2021, the Romanian competition authority announced that it conducted a dawn raid at the premises of Boehringer Ingelheim (BI) to investigate allegedly abusive conduct which targeted generic rivals of two of BI’s innovative medicines (see, attached press release in Romanian and (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission announces interim measures to avert possibly irreversible consequences of a merger between two pharmaceutical companies (Illumina / GRAIL)

491

Less than a month ago, the European Commission (the Commission) announced that it would open an investigation to determine whether Illumina’s decision to acquire Grail pending its review of that transaction under Regulation 139/2004 on the control of concentrations between undertakings (the (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission raises the stakes by issuing a Statement of Objections against a healthcare company in which it threatens to adopt interim measures to prevent potentially irreparable damage to competition (Illumina / GRAIL)

490

In September 2021, the European Commission (the Commission) announced that it would open an investigation to determine whether Illumina’s decision to acquire Grail pending its review of that transaction under Regulation 139/2004 on the control of concentrations between undertakings (the Merger (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission opens a new front by investigating a possible violation of a standstill obligation under the EU Merger Regulation against a concentration that is below usual EU and national thresholds for review (Illumina / GRAIL)

236

On 20 August 2021, the European Commission (the Commission) announced that it would investigate whether Illumina’s decision, made public on 18 August 2021, to acquire Grail pending the Commission’s review of that transaction under Regulation 139/2004 on the control of concentrations between (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The UK Competition Authority imposes fines totalling more than £101M on a pharmaceutical company for charging excessive and unfair prices for liothyronine tablets (Advanz)

583

On 29 July 2021, the UK Competition and Markets Authority (“CMA”) imposed fines totalling more than £101 million on Advanz Pharma and previous owners, Cinven and HgCapital, for charging excessive and unfair prices for liothyronine tablets – a treatment for hypothyroidism (see Press Release). In (...)

Samuel Hall, Michael Clancy, Peter L’Ecluse The Dutch Competition Authority fines a medicine supplier almost €20 million for excessive pricing of a metabolic disorder medicine (Leadiant)

368

On 20 July 2021, the ACM announced that it had imposed a fine of € 19,569,500 on Leadiant for abusing its dominant position by charging excessive prices for chenodeoxycholic acid-Leadiant (“CDCA”), a medicine indicated for the treatment of patients suffering from cerebrotendinous xanthomatosis, a (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The UK Competition Authority imposes fines on hydrocortisone tablet suppliers for charging excessive and unfair prices and for paying potential rivals to remain out of the market (Auden Mckenzie / Actavis)

195

On 15 July 2021, the UK Competition and Markets Authority (“CMA”) imposed fines of more than GBP 260 million on the hydrocortisone tablet suppliers, Auden Mckenzie and Actavis (now named Accord-UK) for charging excessive and unfair prices and for paying potential rivals to remain out of the (...)

Samuel Hall, Michael Clancy, Peter L’Ecluse The UK Competition Authority imposes fines of £260 million on hydrocortisone suppliers for charging excessive and unfair prices and for paying potential rivals to remain out of the market (Auden Mckenzie / Actavis)

231

On 15 July 2021, the CMA imposed fines of more than £260 million on the hydrocortisone tablet suppliers, Auden Mckenzie and Actavis (now named Accord-UK), for charging excessive and unfair prices and for paying potential rivals to remain out of the market (see CMA Press Release). CMA Chief (...)

Barbara Monti, Michael Clancy, David Hull The UK Competition Authority fines two pharmaceutical companies £260 million for excessive pricing on hydrocortisone tablets (Auden Mckenzie / Actavis)

222

On 31 March 2022, the CMA published one of its longest decisions (1077 pages), in which it imposed fines of £155 million on Accord-UK (previously Auden McKenzie/Actavis) for excessive price increases on hydrocortisone tablets after they were de-branded and fell outside the UK NHS price (...)

Koen T’Syen, Catherine Longeval, Peter L’Ecluse, Samuel Hall, Michael Clancy The Dutch Competition Authority publishes guidelines to counter “vendor lock-in" in the market for information technology systems in the healthcare sector

413

On 18 June 2021, the Dutch competition authority, Autoriteit Consument & Markt (ACM), announced that it would prepare guidelines to counter “vendor lock-in” in information technology systems for the healthcare sector, principally hospital information systems and electronic patient files. As a (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission plans on reviewing a transaction even though EU and national turnover thresholds are not reached (Illumina / GRAIL)

221

In a controversial move, the European Commission (the Commission) announced on 20 April 2021 that it would review the proposed acquisition of cancer detection test start-up Grail by genomics firm Illumina, both of the US. The Commission acted on a request of France, which was backed by three (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Austrian Competition Authority accepts commitments and closes its pharmaceutical pricing investigation on the sale of a brain tumor treatment (Merck Sharp / Dohme)

650

On 2 April 2021, the Austrian competition authority accepted commitments and closed its case concerning pricing strategies alleged to unlawfully hinder entry by generic competitors. According to the authority’s press release, the investigated pricing strategy concerned the product Temodal (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission issues a second competition comfort letter in support of pharmaceutical cooperation to combat the COVID-19 pandemic

1207

On Monday 29 March 2021, the European Commission’s Directorate General for Competition (the Commission) published its second “new style” comfort letter. It was addressed to the organisers of an online “matchmaking event” that runs on 29 and 31 March 2021 and brings together more than 300 parties (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Court of Justice dismisses appeals by several manufacturers of medicines regarding pay-for-delay patent settlement agreements (Lundbeck)

469

On 25 March 2021, the Court of Justice of the European Union (CJEU) dismissed all appeals against the decision of the European Commission (the Commission) to fine Lundbeck and four generic pharmaceutical companies (Alpharma, Arrow, Merck, and Ranbaxy) for concluding “pay-for-delay” patent (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission publishes a notice on how to fight collusion in public procurement and on guidance on how to apply the related exclusion ground

485

On 18 March 2021, the Official Journal of the European Union published a European Commission (Commission) Notice on “tools to fight collusion in public procurement and on guidance on how to apply the related exclusion ground” (see, attached copy; the Notice). The Notice develops the tools which (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Italian Highest Administrative Court refers a case involving an anti-competitive arrangement concerning the sale of eye medication for the second time to the EU Court of Justice (Avastin / Lucentis)

390

1. Background of Case On 18 March 2021, the Italian highest administrative court, the Consiglio di Stato (the CS), decided to refer a case under its review for the second time to the Court of Justice of the European Union (CJEU) pursuant to Article 267 TFEU. The case finds its origin in a (...)

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