Van Bael & Bellis (Brussels)

Peter L’Ecluse

Van Bael & Bellis (Brussels)
Lawyer (Partner)

Peter L’Ecluse is a partner at Van Bael & Bellis in Brussels. He specialises in life sciences, competition law, litigation and intellectual property. In life sciences, Peter is active in a range of areas, including competition law, registration, pricing and reimbursement matters and advertising issues. He has been successful before both civil courts and Belgium’s administrative court, the Council of State, in challenging reimbursement decisions and rules imposing prescription requirements on physicians. Peter’s litigation practice focuses on complex matters involving both EU and Belgian law. For example, Peter represented a US directories publisher in over 30 cases before the Belgian courts, the European courts, the European Commission and the telecommunications regulator against Belgium’s incumbent telecommunications operator. Peter was successful in defending and later helping to expand the client’s business franchise. The cases raised delicate issues of market liberalisation, market regulation, competition and IP rights. Peter’s competition practice has a heavy focus on life sciences, but Peter has also been involved in most of the significant cases arising before the Belgian competition authorities with regard to merger control, abuse of dominance and procedural issues such as access to file. Peter speaks English, Dutch and French.

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Van Bael & Bellis (Brussels)
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Articles

29484 Bulletin

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 on competition (Illumina / Grail)

351

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 (...)

Valérie Lefever, Peter L’Ecluse The EU Court of Justice AG Bobek proposes to include protected legal interests within the threefold conditions for the ne bis in idem principle thereby allowing the Belgian Competition Authority to pursue a fine against a postal incumbent which had already been fined by its sectoral regulator (bpost / Nordzuck)

469

On 2 September 2021, Advocate General (AG) Bobek delivered his opinion in case C-117/20, bpost SA v. Autorité belge de la Concurrence, on the conditions of application of the ne bis in idem principle, pursuant to which one cannot be tried or punished for an infringement for which one has already (...)

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)

150

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 totaling more than £101 million on a pharmaceutical company for charging excessive and unfair prices for liothyronine tablets (Advanz)

421

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 (...)

Valérie Lefever, Peter L’Ecluse The EU Commission opens infringement proceedings against 12 Member States for failure to transpose the EU Directive prohibiting unfair trading practices in the agri-food sector

121

On 27 July 2021, the European Commission (the Commission) opened an infringement procedure against Belgium and eleven other EU Member States for failure to implement Directive (EU) 2019/633 of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Dutch Competition Authority fines a medicine supplier on account of excessive pricing (Leadiant)

211

The Dutch competition authority, Autoriteit Consument & Markt (ACM), announced on Tuesday that it imposed a fine of EUR 19,569,500 on Leadiant which was found guilty of an abuse of dominant position by charging excessive prices for chenodeoxycholic acid Leadiant (“CDCA”), a medicine indicated (...)

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)

207

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)

141

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)

149

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 (...)

Valérie Lefever, Peter L’Ecluse The Belgian Competition Authority clears a merger between three Brussels-based hospitals to form one group (Cliniques Universitaires de Bruxelles / Institut Jules Bordet / Hôpital Universitaire des Enfants Reine Fabiola)

126

On 30 June 2021, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - BCA) cleared a merger between three Brussels-based hospitals: (i) Cliniques Universitaires de Bruxelles - Hôpital Erasme / Universitaire Klinieken Brussel - Erasmusziekenhuis; (...)

Peter L’Ecluse, Valérie Lefever The Brussels Court of Appeal suspends a Competition Authority’s decision that found an infringement and accepted commitments (Caudalie)

163

On 30 June 2021, the Markets Court (Marktenhof / Cour des marchés) of the Court of Appeal of Brussels (Hof van Beroep te Brussel / Cour d’appel de Bruxelles) suspended commitments made binding by the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence (...)

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

370

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 (...)

Valérie Lefever, Peter L’Ecluse The Belgian Government approves a draft bill that will implement the Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain

132

On Friday 4 June 2021, the Federal Council of Ministers (Ministerraad / Conseil des Ministres) approved a draft bill that will implement Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain. The bill is now being (...)

Valérie Lefever, Peter L’Ecluse The Belgian Competition Authority unconditionally clears the acquisition of mobile telecommunications operator by its competitor (Mobile Vikings / Proximus)

125

On 31 May 2021, the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - BCA) unconditionally cleared the acquisition of mobile telecommunications operator Mobile Vikings (...)

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)

150

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)

577

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 COVID-19

826

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 (...)

Valérie Lefever, Peter L’Ecluse The Belgian Competition Authority imposes a fine on the professional organization of pharmacists on account of an anticompetitive agreement (Ordre des pharmaciens / Orde der Apothekers)

195

On 26 March 2021, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - BCA) announced that its Privileged and Confidential Attorney – Client Communication Competition College (Mededingingscollege / Collège de la Concurrence) had imposed a fine of (...)

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)

409

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

412

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)

320

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 (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Spanish Competition Authority imposes a €5,76 million fine on colluding suppliers of radio-pharmaceuticals equipment (Novartis Groupe France / Advanced Accelerator Applications Ibérica / Glo Holdco / Curium Pharma Spain)

76

The Spanish Competition Authority, the Comisión Nacional de los Mercados y la Competencia (“CNMC”), imposed total fines of € 5,76 million on Novartis Groupe France and its Spanish subsidiary Advanced Accelerator Applications Ibérica, SLU (“AAA”), Glo Holdco and its Spanish subsidiary Curium Pharma (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Spanish Competition Authority confirms the opening of an investigation against pharmaceutical firms (Leadiant Biosciences Spa / Leadiant Biosciences LTD)

355

Reports that Leadiant is also in the crosshairs of the Spanish competition authority were confirmed today. The Comisión Nacional de los Mercados y la Competencia announced that it started formal proceedings against Leadiant Biosciences Spa and Leadiant Biosciences LTD on the grounds that these (...)

Koen T’Syen, Catherine Longeval, Peter L’Ecluse The German Competition Authority authorises a proposed joint venture company to run a digital healthcare platform for the purchase and ordering of both prescription and over-the-counter medicines (Phoenix / Noventi)

360

The Bundeskartellamt, the German competition authority (BKA), authorised today under German merger control rules a proposed joint venture company (JV) to run a digital healthcare platform for the purchase and ordering of both prescription and over-the-counter medicines and other functions such (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The UK Competition Authority accepts legally binding commitments from a pharma company to continue supplying a key bipolar drug at an affordable price (Essential Pharma)

365

The UK Competition and Markets Authority (CMA) published today its decision accepting binding commitments from Essential Pharma (EP) to continue supplying for at least 5 years a medicine for the first line treatment of bipolar disorder and other mental conditions at a price considered (...)

Peter L’Ecluse, Valérie Lefever The EU Court of Justice states that the fee structure for music played at festivals adopted by collecting societies is not necessarily abusive (SABAM)

84

On 25 November 2020, the Court of Justice of the European Union (the CJEU) delivered a judgment in case C-372/19 holding that the fee structure for music played at festivals adopted by collecting societies such as SABAM is not necessarily abusive under Article 102 TFEU. The case had come before (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The UK Competition Authority consults on proposed commitments from a pharma company to keep bipolar medicine on the market at an affordable price (Essential Pharma)

220

Early last month, the Competition and Markets Authority (CMA) started an investigation into Essential Pharma because of suspicions that the firm might have abused an allegedly dominant position by taking steps to withdraw Priadel® from the UK market. This is a lithium based medicine indicated (...)

Peter L’Ecluse, Valérie Lefever The Brussels Court of Appeal annuls the Competition Authority’s decision rejecting a football club’s request for interim measures (Virton / RBFA)

488

In a judgment delivered on 19 November 2020, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés) (the Markets Court) annulled the decision adopted on 29 June 2020 by the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Italian Competition Authority announces it is continuing its inquiry into the alleged abuse of dominance by a pharmaceutical company (Leadiant)

183

The Italian competition authority, the “Autorità garante della concorrenza e del mercato” ( AGCM ), announced yesterday that it would continue its inquiry into the practices of pharmaceutical company Leadiant Biosciences ( Leadiant ) until 30 June 2021 (see, attached extract from AGCM’s latest (...)

Peter L’Ecluse, Valérie Lefever The EU Commission opens an in-depth State aid investigation into the authorization granted by Belgium to a gambling company to operate virtual betting (Ladbrokes)

55

On 23 October 2020, the European Commission (the Commission) published a notice (the Notice) inviting interested third parties to comment on the authorisation granted by Belgium to Derby NV, a local subsidiary of the betting and gambling company Ladbrokes PLC and operating in Belgium under the (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Romanian Competition Authority fines €2.5 million a pharmaceutical company for failure to observe commitments in an abuse of dominance probe (GlaxoSmithKline)

619

The Romanian Competition Authority announced on 25 August 2020 that it imposed a fine of 11.9 million lei (approximately EUR 2.5 million) on GlaxoSmithKline (GSK) for its failure to observe in full commitments which it had given earlier to allow the competition authority to terminate an inquiry (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission starts a market test on the proposed commitments offered by a pharmaceutical company to address the Commission’s concerns over excessive pricing for a range of off-patent cancer medicines (Aspen)

246

Today, the European Commission (the Commission) started a market test inviting comments from interested parties on commitments offered by Aspen Pharmacare Holdings (Aspen) to address the Commission’s concerns over excessive pricing for a range of off-patent cancer medicines (see, attached (...)

Peter L’Ecluse The UK High Court rules that complying with a court-ordered disclosure in patent infringement proceedings between pharmaceutical companies does not breach competition law (Teva / Chiesi)

64

On 2 June 2020, the UK High Court delivered a judgment in a case pitting pharmaceutical companies Teva UK Limited (“Teva”) against Chiesi Farmaceutici (“Chiesi”) in which Mr Justice Birss ruled that complying with a court-ordered disclosure in patent infringement proceedings does not breach Article (...)

Koen T’Syen, Peter L’Ecluse, Catherine Longeval The Italian Competition Authority approves a distribution scheme allowing disposable surgical masks to be sold in pharmacies and health retail outlets as a response to the COVID-19 pandemic

451

On 1 June 2020, the Italian competition authority (“L’Autorità Garante della Concorrenza e del Mercato”) authorised a scheme that would allow disposable surgical masks to be distributed and sold in pharmacies and health product retail outlets (see, attached press release). It did so at the request (...)

Peter L’Ecluse The German Federal Court of Justice issues a judgment in a case involving SEP licensing negotiations on FRAND terms between two companies active in the mobile telecommunication market (Sisvel / Haier)

140

On 5 May 2020, the German Federal Court of Justice (Bundesgerichtshof - the “FCJ”) delivered a judgment in a case pitting Sisvel against Haier which deals with the licensing of Standard Essential Patents (“SEP”) on terms that are fair, reasonable and non-discriminatory (“FRAND”). This is the first (...)

Peter L’Ecluse The Dutch Competition Authority expresses its satisfaction with commitments made by a pharmaceutical company regarding the supply of testing material for a drug test (Roche)

101

On 3 April 2020, the Dutch competition authority (Autoriteit Consument en Markt or “ACM”) published a press release expressing its satisfaction with commitments made by Roche Diagnostics (“Roche”) regarding the supply of testing materials for the SARS- CoV-2 test. Roche, which the ACM says has a (...)

Peter L’Ecluse The German Regional Court of Munich provides a guidance document which sets out how the Court intends to apply a landmark ruling of the EU Court of Justice (Huawei / ZTE)

155

In February 2020, the Regional Court of Munich published a guidance document that sets out how that court intends to apply the landmark ruling of the Court of Justice of the European Union (the “ECJ”) in Huawei v. ZTE (Case C-170/13). The ECJ’s ruling provided the practical steps which Standard (...)

Peter L’Ecluse The EU Court of Justice rules that pay-for-delay patent settlements may restrict competition by object (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)

244

On 30 January 2020, the Court of Justice of the European Union (the “ECJ”) handed down its judgment in Case C-307/18, Generics (UK) and Others. This case marks the first time the ECJ has ruled on patent settlement agree- ments between originator pharmaceutical companies and generic producers. (...)

Peter L’Ecluse The Antwerp Enterprise Court refers request for a preliminary ruling to the EU Court of Justice in excessive pricing case between festival organisers (SABAM / BVBA / Wecandance)

243

On 10 May 2019, the Antwerp Enterprise Court (the “Court”) referred a request for a preliminary ruling to the Court of Justice of the European Union (the “ECJ”) in two separate cases between Belgian festival organisers Weareone. World BVBA (the organisers of Tomorrowland) and Wecandance NV (the (...)

Peter L’Ecluse The Hague Court of Appeal delivers its judgment on an alleged infringement of patent essential to the universal mobile telecommunications system standard (Asus / Philips)

272

On 7 May 2019, the Court of Appeal of the Hague delivered its judgment in a case pitting Philips against ASUS regarding the alleged infringement of Philips’ European patent EP 1 623 511, which was considered essential to the High Speed Uplink Packet Access (“HSUPA”) protocol of the Universal (...)

Peter L’Ecluse The Paris Court of Appeal delivers the first judgement on FRAND terms and applies the French legislation implementing the trade secrets directive (Conversant / LG)

334

On 16 April 2019, the Paris Court of Appeal delivered a judgment in Conversant v. LG, a case dealing with the concept of licensing under fair, reasonable and non-discriminatory (“FRAND”) terms. While the court did not set a much-anticipated FRAND royalty rate, the case is noteworthy because of (...)

Peter L’Ecluse The EU Court of Justice clarifies exhaustion of trademark principles and broadens the interpretation of economic links between trademark owners (Schweppes / Red Paralela)

662

On 20 December 2017, the Court of Justice of the European Union (“ECJ”) handed down its judgment in Case C-291/16 Schweppes v Red Paralela and Others. The ECJ held that the owner of a trademark may not oppose the parallel importation of goods bearing an identical trademark but originating in (...)

Peter L’Ecluse The EU Court of Justice AG Mengozzi takes a new look at the exhaustion of trademark rights and seems prepared to accept the erosion of such rights (Schweppes)

245

On 12 September 2017, Advocate General Mengozzi (“AG”) delivered an opinion in the Schweppes case in the context of a request for a preliminary ruling to the Court of Justice of the European Union (“ECJ”) from a Spanish Court. In particular, the AG proposed to develop the case-law on the exhaustion (...)

Peter L’Ecluse The EU Court of Justice rules that payment of royalties under a licence agreement where the patent was held invalid may be compatible with Article 101 TFEU (Genentech / Hoechst)

325

On 7 July 2016, the Court of Justice of the European Union (the “ECJ”) issued its judgment on a request for a preliminary ruling from the Paris Court of Appeal, which had enquired whether Article 101 TFEU precludes a licensee from paying royalties pursuant to a licensing agreement when the patent (...)

Peter L’Ecluse Advocate General Wathelet concludes that payment of royalties under a licence agreement where the patent was held invalid may be compatible with Article 101 TFEU (Genentech / Hoechst)

294

On 17 March 2016, Advocate General Wathelet issued his opinion on a request for a preliminary ruling from the Paris Court of Appeal, which inquired as to whether Article 101 TFEU precludes a licensee from paying royalties pursuant to a licensing agreement when the patent, which is the subject (...)

Peter L’Ecluse The Italian Competition Authority opens investigation against pharmaceutical companies over suspected cartel activity in the ophthalmologic medicines market (Roche / Novartis)

241

On 14 February 2013, the Italian Competition Authority (the “Authority”) announced that it had opened an investigation against Genentech Inc., Hoffmann-La Roche Ltd, Novartis AG, Novartis Farma S.p.A. and Roche S.p.A., over suspicions that these may have been operating an illegal cartel in (...)

Peter L’Ecluse The EU Commission sends statements of objections to two pharmaceutical companies over a possible delayed entry of a generic pain-killer (Johnson & Johnson / Novartis)

208

On 31 January 2013, the European Commission announced that it had sent a Statement of Objections (“SO”) to pharmaceutical companies Johnson & Johnson (“J&J”) and Novartis over suspicions that an agreement between their Dutch subsidiaries in relation to Fentanyl (a strong pain killer (...)

Jerome Dickinson, Peter L’Ecluse The Italian Council of State reinstates a € 5.1 million fine initially imposed on a pharmaceutical company by the Competition Authority for its alleged abuse of dominant position in the market for the production and commercialisation of fosetyl-based fungicides (Bayer)

287

On 22 January 2013, it was reported that the Italian Council of State – Italy’s highest jurisdiction in competition cases – had reinstated a € 5.1 million fine against Bayer initially imposed on the company by the Italian Competition Authority (“ICA”) for its alleged abuse of dominant position (...)

Peter L’Ecluse The Brussels Court of Appeal confirms Competition Council’s decision amending condition imposed on cable network operator’s acquisition of pay-TV provider (Telenet / Canal+)

218

In a judgment of 17 May 2011, the Brussels Court of Appeal confirmed the Belgian Competition Council’s decision of 29 November 2010 amending a condition that had been imposed in 2003 on cable network operator Telenet’s acquisition of pay-TV provider Canal+. The condition in question (...)

Peter L’Ecluse The EU Commission adopts R&D block exemption regulation

271

On the 14 December 2010 that the European Commission published its new horizontal guidelines (see article above and also the Cartels and Horizontal Agreements section of this newsletter), it also adopted a new R&D Block Exemption Regulation (“New R&D BER”). While the New R&D BER (...)

Peter L’Ecluse The EU Court of First Instance examines a recourse against the Commission’s decision to reject complaint against a leading alcohol manufacturer (Protégé International)

183

On 16 May 2009, a notice was published in the Official Journal of the EU announcing that Protégé International is taking the European Commission to court over its January 2009 decision to reject a competition law complaint brought by Protégé International against Pernod Ricard. Protégé (...)

Peter L’Ecluse The Haarlem District Court rules on a dispute between the Dutch collecting society and the UK collecting society regarding the licensing of portfolio (BUMA / PRS)

344

In a judgment dated 19 August 2008 (published only recently), the District Court of Haarlem in the Netherlands ruled on a dispute between the Dutch collecting society BUMA (“BUMA”) and the UK collecting society Performing Right Society Limited (“PRS”), regarding the licensing by BUMA of PRS‘ (...)

Peter L’Ecluse The UK Competition Commission publishes its proposed new merger remedy guidelines, which for the first time recognise the possibility that IP and behavioral remedies might be appropriate in certain circumstances

148

On 19 May 2008, the UK Competition Commission (the “CC”) published its proposed new merger remedy guidelines, which for the first time recognise the possibility that intellectual property (“IP”) and behavioural remedies might be appropriate in certain circumstances. The draft guidelines are (...)

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