Intellectual property

General antitrust

The EU Commission publishes its final report on a consumer Internet of Things sector inquiry which confirms its preliminary findings related to high entry barriers and issues around access to data
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
On 20 January 2022 the European Commission (“Commission“) published its final report on the consumer Internet of Things (“IoT“) sector inquiry, largely confirming its preliminary findings issued in July 2021. These include concerns around high market entry barriers, the influence on the market of a (...)

The UK Government launches a call for views on standard essential patents in order to better understand whether the current SEPs framework is functioning efficiently, supports innovation and strikes the right balance for all entities involved
Van Bael & Bellis (Brussels)
On 7 December 2021, the UK’s Intellectual Property Office (“IPO”) launched a call for views on Standard Essential Patents (“SEPs”) in order to better understand whether the current SEPs framework: (i) is functioning efficiently; (ii) supports innovation (particularly in light of the UK government’s (...)

The US DOJ and PTO propose limits on standard essential patent market power by requesting courts shift remedies from injunctions to damages
Constantine Cannon (Washington)
Startups Take Note: Feds Propose Limits on Standard-Essential Patent Market Power by Disfavoring Injunctions and Enforcing Non-Discriminatory Commitments The federal government is taking some welcome steps toward restoring the balance between antitrust policy and intellectual property rights (...)

The Chinese National People’s Congress seeks comments on its draft amendments to the anti-monopoly law
King & Wood Mallesons (Beijing)
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King & Wood Mallesons (Beijing)
Key Changes and Impacts On October 23, 2021, the Standing Committee of the Chinese National People’s Congress (“NPC”) released the Draft Amendments (’Draft Amendments’) to Anti-Monopoly Law of the People’s Republic of China (“AML”) for public comments [1]. This is the second draft of amendments (...)

The Turkish Competition Authority decides that a telecoms infrastructure operator did not abusively refuse to deal with downstream competitors because there was no market foreclosure that would result in consumer harm (Türk Telekom / TTNET)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
Introduction The Turkish Competition Board (the “Board”) published its reasoned decision dated 30.09.2021 and numbered 21-46/667-332 (the “Decision”) concerning the full-fledged investigation launched against Türk Telekomünikasyon A.Ş. (“TT”) upon the complaints of undertakings operating in the retail (...)

The US DoJ quietly walks back prior administrative-era support of standard essential patent holders over standard-setting organizations and patent licensees
White & Case (Washington)
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White & Case (New York)
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White & Case (Washington)
The Department of Justice’s Antitrust Division has taken a first step in changing its view of IP rights, particularly where Standard Essential Patents ("SEPs") are at issue. Under the Trump Administration, the Division’s policy swung in favor of SEP innovators over standard-setting organizations (...)

The German Parliament publishes its 10th Amendment to the Act against Restraint of Competition, introducing a new regulatory framework for access to commercial data under antitrust law
Hogan Lovells (Hamburg)
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Hogan Lovells (Dusseldorf)
"The world’s most valuable resource is no longer oil, but data" (The Economist, 6.5.2017). This catchy (albeit not quite accurate) comparison is likely to take the leading position among modern digital markets truisms. It is therefore hardly surprising that the German legislator has been (...)

The US FTC issues a report for the 2017 fiscal year on pharmaceutical firms’ patent settlements with generic competitors
US Federal Trade Commission (FTC) (Washington)
FTC Staff Issues FY 2017 Report on Branded Drug Firms’ Patent Settlements with Generic Competitors* The number of reverse-payment agreements remains low; for the first time since FY 2004, no agreement contains a no-AG commitment. According to a new FTC staff report, the total number of final (...)

The US FTC publishes its annual report on pharmaceutical patent settlements
White & Case (Washington)
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White & Case (New York)
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White & Case (Washington)
On December 3, 2020, the Federal Trade Commission (FTC) published its annual report on pharmaceutical patent settlements filed with the FTC under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA)—its fourth annual review since the Supreme Court’s seminal decision in (...)

The Chinese State Administration for Market Regulation promulgates the Anti-monopoly Guidelines for intellectual property rights providing a more detailed analytical framework for monopoly agreements and abuse of dominant position
King & Wood Mallesons (Beijing)
In 2020, SAMR promulgated the Anti-monopoly Guidelines for Intellectual Property Rights, i.e. IP Guidelines, which provide a more detailed analytical framework for monopoly agreements and abuse of dominant market position involving intellectual property: Definition of relevant market: The IP (...)

The EU Commission adopts an action plan for intellectual property to promote recovery and resilience
Hogan Lovells (Dusseldorf)
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Hogan Lovells (Dusseldorf)
On November 25, 2020, the EU Commission adopted an action plan for intellectual property to promote recovery and resilience in the EU – its plan for a new IP strategy. The focus is not only on the protection of, but the access to innovation. Companies from all sectors have realized that in this (...)

The Mexican Competition Authority proposes 12 measures on economic competition matters to support the recovery of the national economy as a result of the COVID-19 health crisis Free
Mexican Competition Authority (Mexico City)
COFECE proposes 12 measures on economic competition matters to support the recovery of the Mexican economy* As a result of the health crisis, markets could further concentrate. Guaranteeing inclusion and permanence of a wide range of companies is the best way to ensure a sustainable recovery (...)

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)
Van Bael & Bellis (Brussels)
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 (...)

The Australian Competition Authority seeks views from parties interested in the allocation and use of the spectrum in the 26-28 gigahertz (GHz) band
Baker McKenzie (Sydney)
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Baker McKenzie (Sydney)
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Baker McKenzie (Sydney)
The Australian Competition and Consumer Commission (ACCC) seeks views by 27 March 2020 from parties interested in the allocation and use of the spectrum in the 26-28 gigahertz (GHz) band. The spectrum is to be used for 5G technology. Organisations planning to utilise 5G technology may be (...)

The Indian Ministry of Corporate Affairs notifies the draft Competition Bill 2020 which reflects the recommendations made by the Competition Law Review Committee
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
Last week, the Ministry of Corporate Affairs (MCA) notified the Draft Competition (Amendment) Bill 2020 (Draft Bill). The proposed changes reflect recommendations made by the Competition Law Review Committee (CLRC) in July 2019. Public comments may be made until 6 March 2020. The 49 page Draft (...)

The Belgian Competition Authority carries out an unannounced inspection in the pharmaceutical sector
Belgian Competition Authority (Brussels)
The Belgian Competition Authority is conducting inspections in the pharmaceutical sector* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) is currently conducting inspections at the premises of companies suspected of having implemented restrictive practices (...)

The US State of California becomes the first State to enact legislation rendering certain pharmaceutical patent litigation settlement agreements presumptively anticompetitive
White & Case (Washington)
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Allen & Overy (Palo Alto)
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White & Case (New York)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On October 7, 2019, California became the first state to enact legislation— Assembly Bill 824 (“AB 824”)—rendering certain pharmaceutical patent litigation (...)

Intellectual property & Competition law: An overview of EU and national case law
University Heinrich Heine (Düsseldorf)
About ten years ago, “IP and competition law” was the hottest ticket in antitrust town. The relevant cases decided in those days had it all: Well-known companies, very sophisticated legal issues, and authorities that were willing to intervene vigorously in the field of intellectual property law. (...)

The US Patent and Trademark Office Director calls for a balanced and structured policy for patent licensing negotiations in standards organizations
Rutgers University (Camden)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Standards allow companies to build compatible products. But they often include patents. And patents present complex issues. Licensors agree to reasonably license (...)

Anticompetitive practices

The EU Court of Justice AG Kokott proposes that the Court should set aside the ruling of the General Court and declare that the pay-for-delay agreements concluded by a pharmaceutical firm constituted an abuse of dominance (Servier)
European Court of Justice (Luxembourg)
Marketing of perindopril: Advocate General Kokott proposes that the Court of Justice should rule that all agreements concluded by the Servier group with generic pharmaceutical companies constituted restrictions of competition by object and that it should set aside the General Court’s findings (...)

The EU Commission accepts commitments by a professional association of Irish insurers to ensure access to its data sharing platform (Irish Insurance)
European Commission - DG COMP (Brussels)
Antitrust: Commission accepts commitments by Insurance Ireland to ensure access to its data sharing platform* The European Commission has made commitments offered by Insurance Ireland, an association of Irish insurers, legally binding under EU antitrust rules. Insurance Ireland must ensure (...)

The Canadian Competition Authority closes two investigations into pharmaceutical patent litigation settlements
Canadian Competition Bureau (Gatineau)
Competition Bureau closes two investigations into pharmaceutical patent litigation settlements* Bureau proactively monitors settlements between drug manufacturers to identify potentially illegal agreements The investigations were launched as a result of the Bureau’s proactive monitoring of (...)

The Spanish Competition Authority analyses the proposals from a professional football league to market audiovisual rights in the national and Asian markets (La Liga)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC has analysed the proposals from La Liga to market certain broadcasting rights of the 1st and 2nd divisions in the national and Asian markets * The tender includes, among others, the rights to a free-to-air 1st division match, 2nd division and play-off rights, and broadcasting in (...)

The Australian Competition Authority refuses to give an authorisation for the provisions of a settlement and licence agreement between pharmaceutical companies (Celgene / Juno / Natco)
Australian Competition and Consumer Commission (Canberra)
ACCC not satisfied of claimed benefits from proposed settlement between pharmaceutical companies* The ACCC proposes to deny authorisation for the provisions of a settlement and licence agreement between Celgene and generic drug companies, Juno and Natco. The companies are seeking authorisation (...)

The Supreme People’s Court of China issues a judgment which finds that a patent settlement agreement constitutes a horizontal monopoly agreement in violation of Anti-Monopoly Law (Shanghai Huaming Power /Wuhan Taipu Transformer Switch)
Ashurst (Singapore)
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Ashurst (Abū Dhabī)
The Supreme People’s Court of China (’SPC’) issued a judgment on 21 March 2022 which found that a patent settlement between Shanghai Huaming Power Equipment Manufacturing (’Huaming’) and Wuhan Taipu Transformer Switch (’Taipu’) constituted a horizontal monopoly agreement in violation of China’s (...)

The Spanish Competition Authority approves a report that analyses the conditions proposed by a professional football association to market broadcasting rights (La Liga)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC analyses the proposals of La Liga to market the broadcasting rights of the 1st and 2nd divisions in Malta, Italy, Portugal and the Netherlands* The CNMC’s recommendation is to guarantee a competitive, transparent, and non-discriminatory tendering process Some of the conditions proposed (...)

The Turkish Competition Authority rejects an individual exemption application between two online retailers which agreed not to bid for the keywords relevant to their rival’s brand (Modanisa / Sefamerve)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Turkish Competition Authority Evaluates a Request from Modanisa for an Individual Exemption or Negative Clearance for the Settlement Agreement Regarding Restricting on Branded Keyword Bidding* This case summary includes an analysis of the Turkish Competition Board’s (“Board”) (...)

The Spanish Competition Authority closes an investigation against a financial services company after it allegedly denied a competitor access to its ATM network, in contrast to the access granted to other entities (Euro 6000)
Callol, Coca & Asociados (Madrid)
The CNMC has ended proceedings for breach of Article 101 TFEU and 1 LDC against EURO 6000 on 2 November. The proceedings were opened on February 2020 because of the concern that EURO 6000 (comprising several banks) may have denied ING access to its ATM network, in contrast to the access granted (...)

The US FTC streamlines consumer protection and competition investigations in eight key enforcement areas to enable higher caseload
US Federal Trade Commission (FTC) (Washington)
FTC Streamlines Consumer Protection and Competition Investigations in Eight Key Enforcement Areas to Enable Higher Caseload* Agency to Focus on Service Members and Veterans; Children; Algorithmic and Biometric Bias; Deceptive and Manipulative Conduct on the Internet; and Repair Restrictions; (...)

The US FTC withdraws from the remaining case against a pharmaceutical company after the Supreme Court decides to strip consumers of relief (AbbVie / Allergan)
US Federal Trade Commission (FTC) (Washington)
Federal Trade Commission Withdraws Remaining Case against AbbVie after Supreme Court Decision Strips Consumers of Relief* After the Supreme Court declined to review a ruling from the Third Circuit that AbbVie used sham litigation to illegally maintain a monopoly, the Federal Trade Commission (...)

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

The UK Competition Authority fines two pharmaceutical companies £260 million for excessive pricing on hydrocortisone tablets (Auden Mckenzie / Actavis)
Toyota
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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 (...)

The UK Competition Authority imposes fines totalling £260 million on two drug companies for overcharging the National Health Service (Auden Mckenzie / Actavis)
United Kingdom’s Competition Authority (CMA) (London)
CMA finds drug companies overcharged NHS* The CMA has imposed fines totalling over £260 million for competition law breaches in relation to the supply of hydrocortisone tablets. Prices of life-saving hydrocortisone tablets rose by over 10,000%. Pharma firms bought off potential rivals to avoid (...)

The Italian Competition Authority issues a landmark judgment in a proceeding for unfair commercial practices in the distribution and selling of patented seedless grapes in Italy (Puglia Association of Growers / Confederazione Italiana Agricoltori Puglia / Comitato Liberi Agricoltori e Commercianti Pugliesi e Lucani)
Bird & Bird (Rome)
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Luiss Guido Carli University (Rome)
On 25 May 2021, the Italian Antitrust Authority (“AGCM”) issued a landmark judgment in a proceeding for unfair commercial practices in the distribution and selling of patented seedless grapes in Italy. The proceeding represents one of the few of its kind, not only for the close interlink between (...)

The UK Competition Appeal Tribunal upholds an infringement decision for pay-for-delay pharmaceutical deals (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
United Kingdom’s Competition Authority (CMA) (London)
CAT upholds infringement decision for pay for delay pharma deals* The Competition Appeal Tribunal has upheld the CMA decision that GlaxoSmithKline and some generic suppliers of the anti-depressant paroxetine broke competition law. The Competition Appeal Tribunal (Tribunal) has, however, (...)

The UK Competition Appeal Tribunal confirms a pay-for-delay infringement decision but reduces the fines (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Van Bael & Bellis (Brussels)
On 10 May 2021, the UK’s Competition Appeal Tribunal (“CAT”) issued its final decision in GSK (Paroxetine) – the long-running saga concerning pay-for-delay patent settlement agreements between GSK and several generics. The CAT upheld the Competition and Markets Authority’s (“CMA”) finding of an (...)

The UK Competition Appeal Tribunal confirms infringement in paroxetine pay-for-delay case but slashes fines (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Ashurst (London)
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Ashurst (London)
The judgment was handed down by the Competition Appeal Tribunal ("CAT") in the paroxetine pay-for-delay case in 2018. However, the CAT decided to wait for a preliminary ruling from the European Court of Justice ("ECJ") on certain questions before determining the remaining grounds of appeal. (...)

The US Court of Appeals for the Fifth Circuit upholds the FTC’s decision in the first fully litigated reverse payment decision against generic pharmaceutical companies (Endo / Impax)
Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
On April 13, the U.S. Court of Appeals for the Fifth Circuit affirmed the Federal Trade Commission’s decision that Impax Laboratories entered an anticompetitive “reverse payment” settlement with Endo Pharmaceuticals. This case was the FTC’s first fully litigated reverse payment case since the (...)

The US Court of Appeals for the Fifth Circuit rules that showing the reverse payment settlement eliminated the possibility of an earlier generic entry is enough to infer anticompetitive effect (Endo / Impax)
Jones Day (New York)
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Jones Day (Washington)
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Jones Day (Washington)
In Short The Background: In the Supreme Court’s landmark 2013 decision in FTC v. Actavis, the Court determined that large payments by branded drugmakers to potential generic entrants to settle patent disputes could be anticompetitive. It instructed district courts to apply the "rule of reason" (...)

The US Court of Appeals for the Fifth Circuit upholds the FTC’s ruling regarding an unlawful pay-for-delay agreement in the pharmaceutical sector (Endo / Impax)
Baker Botts (Washington)
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Baker Botts (Washington)
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Baker Botts (Washington)
On April 13, 2021, the U.S. Court of Appeals for the Fifth Circuit upheld the Federal Trade Commission’s (“FTC” or “Commission”) ruling that the “reverse-payment” settlement agreement between Endo Pharmaceuticals Inc. (“Endo”) and Impax Laboratories LLC (“Impax”) violated federal antitrust laws. The (...)

The US Court of Appeals for the Fifth Circuit upholds the FTC’s ruling finding liability against a generic drug maker for anticompetitive infringements through “reverse payment” settlement with a brand manufacturer (Endo / Impax)
Hausfeld (Philadelphia)
On April 13, 2021, the U.S. Court of Appeals for the Fifth Circuit upheld the Federal Trade Commission’s ruling that generic drug maker Impact Laboratories, LLC (now owned by Amneal Pharmaceuticals) engaged in an anticompetitive “reverse payment” settlement with brand manufacturer Endo (...)

The EU Court of Justice dismisses the appeals of several pharmaceutical companies involved in an agreement seeking to delay the marketing of the generic antidepressant citalopram (Lundbeck)
European Court of Justice (Luxembourg)
The Court of Justice dismisses the appeals of a number of manufacturers of medicines involved in an agreement seeking to delay the marketing of the genericantidepressant citalopram* The European Commission had imposed on them fines of almost € 150 million From the late 1970’s, the Danish (...)

The EU Court of Justice dismisses appeals by several manufacturers of medicines regarding pay-for-delay patent settlement agreements (Lundbeck)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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 (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines and upholds the Commission’s decision regarding a pay-for-delay infringement (Lundbeck)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
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 2013. (...)

The EU Court of Justice confirms the pay-for-delay infringement decision in the pharmaceutical sector (Lundbeck)
Van Bael & Bellis (Brussels)
On 25 March 2021, the European Court of Justice (“ECJ”) dismissed all appeals against the 2016 rulings of the General Court which had upheld the European Commission’s (“Commission”) decision to fine Lundbeck and four generic pharmaceutical companies (Merck, Alpharma, Arrow and Ranbaxy) for (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines involved in an agreement seeking to delay the marketing of the generic antidepressant citalopram (Lundbeck)
White & Case (Brussels)
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White & Case (Dusseldorf)
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White & Case (Brussels)
On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission’s decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement agreements. The judgments largely repeat the position taken by the ECJ (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines against the General Court’s judgment upholding the Commission’s pay-for-delay infringement decision (Lundbeck)
Covington & Burling (Brussels)
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Latham & Watkins (Brussels)
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Norton Rose Fulbright (Brussels)
On 25 March 2021, the Court of Justice of the European Union (“CJEU”) dismissed the appeals by Lundbeck, Merck KGaA (and Generics UK), Arrow, Alpharma (and Xellia) and Ranbaxy, against the General Court’s (“GC”) judgment upholding the European Commission’s (“Commission”) 2013 pay-for-delay (...)

The EU Court of Justice confirms the General Court’s judgment and Commission’s decision on pharmaceutical pay-for-delay agreements (Lundbeck)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On March 25, 2021, the Court of Justice of the European Union (ECJ) ruled on appeal in the Lundbeck case, confirming the previous judgement of the General Court (GC) that upheld the decision of the European Commission (Commission) on pharmaceutical “pay-for-delay” agreements (Case AT.39226 — (...)

The EU Court of Justice confirms the decision of the Commission to impose fines on several pharmaceutical companies (Lundbeck)
Hogan Lovells (Dusseldorf)
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Hogan Lovells (Dusseldorf)
In the much-anticipated Lundbeck case (i.a. C-591/16 P), the European Court of Justice (“ECJ”) on 25th March 2021 confirmed the decision of the European Commission (“Commission”) to impose fines on Lundbeck and several generics companies. The case concerns a pay-for-delay agreement dating back to (...)

The EU Court of Justice confirms the judgment of the General Court that the pay-for-delay agreements concluded between originator and generics manufacturers were by-object restrictions (Lundbeck)
Ashurst (Brussels)
The European Court of Justice ("ECJ") confirmed the judgment of the General Court ("GC") upholding the European Commission’s pay-for-delay decision. The ruling held that the originator and generics manufacturers must be considered potential competitors despite Lundbeck’s process patents, and (...)

The EU Court of Justice dismisses all appeals brought by a Danish pharmaceutical company and five generic manufacturers against the judgments of the General Court and upholds a decision of the Commission on patent settlement agreements between the companies (Lundbeck)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
On 25 March 2021, the CJEU dismissed all the appeals brought by Danish pharmaceutical company H. Lundbeck A/S and five generic manufacturers against the judgments of the GCEU, thus upholding a decision of the EC on patent settlement agreements between Lundbeck and five generic manufacturers (...)

The Italian Competition Authority opens investigation into an alleged anticompetitive agreement in the audiovisual market (SIAE)
Luiss Guido Carli University (Rome)
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Bird & Bird (Rome)
On 2 February 2021, the Italian National Competition Authority (“AGCM”) opened an investigation against the Italian Society for Authors and Publishers (“SIAE”) – organisation responsible for the collective management of copyright in Italy – and various trade associations with a view to ascertain the (...)

The US FTC charges 2 pharmaceutical companies for the second time with preventing competition in the national market for oxymorphone (Endo / Impax)
US Federal Trade Commission (FTC) (Washington)
FTC Again Charges Endo and Impax with Illegally Preventing Competition in U.S. Market for Oxymorphone ER* The FTC is suing Endo Pharmaceuticals Inc., Endo International plc, Impax Laboratories, LLC, and Impax’s owner, Amneal Pharmaceuticals, Inc., alleging that a 2017 agreement between Endo and (...)

The Italian Supreme Administrative Court rejects the Competition Authority’s judgment, ruling that the allocation of broadcasting rights is not the result of an anticompetitive agreement between companies in the pay-TV sector (League / Infront / Sky / Mediaset)
Luiss Guido Carli University (Rome)
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Bird & Bird (Rome)
On 28 December 2020, the Italian Supreme Administrative Court (Consiglio di Stato – "CDS") issued a judgment marking the last act in the national judicial dispute related to the assignment of the Lega Serie A (i.e. the main national professional league in Italy – "the League") broadcasting rights (...)

The EU Court of Justice annuls the Commission’s decision that made commitments legally binding for companies in the pay-TV services sector (Paramount / Sky / Canal+)
University of Vienna (Vienna)
Canal+ (C-132/19 P): The Court of Justice Annuls Commitment Decision – The Importance of Third Party Contractual Rights* Today, the Court of Justice annulled the Commission decision that made commitments legally binding for Paramount. This decision is the first annulment of a commitment (...)

The EU Court of Justice annuls the Commission’s decision on a pay-TV service company’s commitments for breaching the principle of proportionality (Paramount / Sky / Groupe Canal +)
Cleary Gottlieb Steen & Hamilton (London)
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Greenomy (Brussels)
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Cleary Gottlieb Steen & Hamilton
On December 9, 2020, the Court of Justice of the European Union granted Canal+’s application to annul the European Commission’s decision under Article 9 of Regulation No. 1/2003 to adopt commitments offered by Paramount (the “Commitments Decision”). The commitments prohibited Paramount from (...)

The EU Court of Justice annuls the Commission’s settlement decision for its failure to consider adverse effects on third party interests (Paramount / Sky / Groupe Canal+)
European Commission - DG COMP (Brussels)
On 9 December 2020, the European Court of Justice (“ECJ”) upheld Canal +’s appeal against the General Court’s (“GC”) judgment that had upheld the Commission’s commitments decision in the Paramount case, and annulled the GC’s judgment as well as the Commission decision (Case C-132/19 P). The ECJ, (...)

The EU Court of Justice overturns a decision and declares a settlement between a company in the pay-TV service and the Commission null and void (Paramount / Sky / Groupe Canal+)
Hogan Lovells (Dusseldorf)
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Hogan Lovells (Dusseldorf)
Settlements are a frequently used means of efficiently terminating proceedings, not only in cartel cases but also in other antitrust proceedings. The EU Commission can avoid having to spend resources on a time-consuming investigation and there are advantages for the companies concerned as well: (...)

The EU Court of Justice annuls a Commission’s decision accepting legally binding commitments offered by a company aimed at addressing an investigation into cross-border pay-TV in the EU (Paramount / Sky / Groupe Canal +)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
On 9 December 2020, the Court of Justice of the EU (“CJEU”) annulled a European Commission decision accepting legally binding commitments offered by Paramount aimed at addressing a Commission investigation into cross-border pay-TV in the EU (the “Paramount Commitment Decision”). The CJEU also set (...)

The EU Court of Justice annuls a Commission decision allowing a TV company to preserve competition on the markets of pay-TV services (Paramount / Sky / Groupe Canal+)
European Court of Justice (Luxembourg)
The Court of Justice annuls a Commission decision making binding the commitments offered by a company in order to preserve competition on the markets* The fact that it is possible, for the contracting partners of a company which has made commitments not to comply with certain contractual (...)

The US District Court for the District of Delaware contradicts the Supreme Court precedent regarding patent settlements in the pharmaceutical sector (Chimicles Schwartz Kriner / Donaldson-Smith / Amgen / Teva / Watson / Actavis)
White & Case (New York)
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White & Case (Washington)
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White & Case (Washington)
A Nov. 30 decision by the U.S. District Court for the District of Delaware, In re: Sensipar Antitrust Litigation, contradicts controlling U.S. Supreme Court precedent and, if followed, could have significant implications for patent settlements well outside the pharmaceutical context in which it (...)

The EU Commission fines two pharmaceutical companies for a pay-for-delay patent settlement agreement (Teva / Cephalon)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 26 November 2020, the European Commission (the Commission) brought to an end a long running competition case by finding against Cephalon and Teva on account of a “pay-for-delay” patent settlement agreement involving modafinil, the active substance of a sleeping disorder medicine (see, attached (...)

The EU Commission fines two pharmaceutical companies €60.5 million for delaying the entry of cheaper generic medicine for sleep disorders (Teva / Cephalon)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines Teva and Cephalon €60.5 million for delaying entry of cheaper generic medicine* The European Commission has fined the pharmaceutical companies Teva and Cephalon €60.5 million for agreeing to delay for several years the market entry of a cheaper generic version of (...)

The EU Commission fines pharmaceutical companies for pay-for-delay agreement (Teva / Cephalon)
Ashurst (London)
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Ashurst (London)
On 26 November 2020, the European Commission ("Commission") announced that it had fined the pharmaceutical companies Teva and Cephalon EUR 60.5 million for agreeing to delay for several years the market entry of a cheaper generic version of Cephalon’s drug for sleep disorders, modafinil, after (...)

The UK Supreme Court confirms that it is possible to set global FRAND rates and global licences to portfolios of standard-essential patents (Unwired Planet / Huawei)
Baker Botts (Brussels)
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Baker Botts (Brussels)
The U.K. Supreme Court’s 26 August ruling on standard-essential patents (SEPs) is the latest in a series of recent decisions that are likely to have a profound effect on FRAND license negotiations across the globe, in particular for the next generation 4G and 5G mobile telecommunication (...)

The UK Supreme Court holds that an English court can enjoin infringement of a UK SEP where the infringer is willing to take a UK license, but refuses to take a worldwide licence on FRAND terms (Huawei / Unwired Planet)
Cleary Gottlieb Steen & Hamilton
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 26 August, 2020, the UK Supreme Court decided a standard-essential patent (SEP) dispute between Huawei and Unwired Planet. [1] The Supreme Court held that an (...)

The UK Supreme Court hands down a judgment involving a software and a telecommunications company, providing answers to questions concerning the English Courts’ approach to FRAND disputes (Unwired Planet / Huawei)
Hogan Lovells (London)
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Hogan Lovells (London)
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Hogan Lovells (London)
The UK Supreme Court has handed down its long-awaited judgment in the Unwired Planet v Huawei and Conversant v Huawei & ZTE proceedings ([2020] UKSC 37), providing answers on several key questions concerning the English Courts’ approach to FRAND disputes. In a unanimous judgment, the (...)

The UK Supreme Court confirms that English courts may set the terms of global licences to portfolios of standard essential patents (Unwired Planet / Huawei)
Bristows (London)
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Bristows (London)
English courts given green light to set terms of global FRAND licences* On 26 August 2020, the UK Supreme Court (UKSC) gave its eagerly awaited judgment in Unwired Planet v Huawei and Conversant v Huawei & ZTE. In a unanimous policy-driven decision, the Court dismissed the appeals brought (...)

The Mannheim Regional Court grants injunctive relief to a telecommunication provider and clarifies the application of FRAND in the supply chain (Daimler / Nokia)
Van Bael & Bellis (Brussels)
According to a press release of the Mannheim Regional Court of 18 August 2020 in the matter Nokia v Daimler, the Regional Court of Mannheim (the “Court”) ruled in favour of Nokia that Daimler had infringed Nokia’s patent and could not invoke a FRAND objection. The Court held that Daimler and a (...)

The US DoJ announces that a proposed patent-pooling platform dedicated to 5G cellular technology standards for use in the automotive industry is unlikely to harm competition (Avanci)
Seyfarth Shaw (Boston)
DOJ Antitrust Division Approval of Pooling of “Essential” Standards Will Help Speed Integration of 5G Technology Into New Vehicles* The US Department of Justice (DOJ) Antitrust Division recently announced that it has concluded that a proposed patent-pooling platform dedicated to “essential” 5G (...)

The EU Commission starts a market test inviting comments from interested parties on commitments offered by a pharmaceutical company that had abused its dominant position (Aspen)
Zepos & Yannopoulos (Athens)
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Zepos & Yannopoulos (Athens)
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Zepos & Yannopoulos (Athens)
On 14 July 2020 the European Commission started a market test inviting comments from interested parties on commitments offered by Aspen Pharmacare Holdings. The Commission had opened an investigation in May 2017 over concerns that Aspen had abused its dominant position in a range of national (...)

The UK Competition Authority fines 3 pharmaceutical companies £2.3 million for having an anti-competitive agreement in the supply of the life-saving drug fludrocortisone and secures £8 million in damages for the National Health Service (Aspen / Amilco / Tiofarma)
United Kingdom’s Competition Authority (CMA) (London)
CMA levies fines of £2.3m and secures £8m for NHS in pharma probe* The CMA has formally concluded that 3 pharmaceutical companies took part in an illegal arrangement in relation to the supply of life-saving medicine. The investigation by the Competition and Markets Authority into the supply of (...)

The US District Court for the Northern District of Illinois dismisses antitrust case challenging patent thicket (Humira)
Rutgers University (Camden)
On June 8, 2020, the U.S. District Court for the Northern District of Illinois granted defendants’ motion to dismiss an antitrust case challenging behavior arising out of a massive collection of patents known as a “patent thicket.” In re Humira (Adalimumab) Antitrust Litigation, 2020 WL 3051309 (...)

The UK Competition Authority secures disqualification of pharmaceutical company director for 5 years for breaching competition law (Amit Patel / Auden McKenzie / Amilco)
United Kingdom’s Competition Authority (CMA) (London)
Pharma company director disqualified for competition law breaches* The CMA has secured the disqualification of pharmaceutical company director Amit Patel after he admitted his role in arrangements that broke competition law. Amit Patel has signed undertakings that ban him from holding a (...)

The UK Competition Authority secures binding competition disqualification of pharmaceutical company director involved in two separate anticompetitive arrangements relating to the supply of drugs over a five year period (Amit Patel / Auden McKenzie / Amilco)
Bird & Bird (London)
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Orrick, Herrington & Sutcliffe (London)
On 4 June 2020, the Competition Markets Authority (“CMA”) announced that it had secured binding competition disqualification undertakings by Mr Amit Patel, not to act as a director of any UK company for five years from 13 July 2020, in consequence of his involvement in two separate (...)

The EU Court of Justice Advocate General Kokott proposes to uphold the fine of almost €94 million imposed on a pharmaceutical group in the context of agreements intended to delay the marketing of generic versions of its antidepressant medicinal product citalopram (Lundbeck)
European Court of Justice (Luxembourg)
Advocate General Kokott proposes that the Court of Justice should uphold the fine of almost €94 million imposed on the Lundbeck pharmaceutical group in the context of agreements intended to delay the marketing of generic versions of its antidepressant medicinal product citalopram* The Advocate (...)

The Guangzhou Intellectual Property Court rules on its first trademark infringement and unfair competition case regarding parallel imports, in which it finds such acts should constitute neither trademark infringement nor unfair competition (Opel Electric / Guangdong Shifu Electric)
King & Wood Mallesons (Beijing)
First Trademark Infringement and Unfair Competition Case regarding Parallel Import Concluded by Guangzhou IP Court* Recently, Guangzhou IP Court ruled on its first trademark infringement and unfair competition case regarding parallel import, in which it found such acts should neither (...)

The German Competition Authority discontinues its administrative proceeding against 2 TV broadcasters who secured exclusive rights to champions league broadcast because of new market entrants and the unpredictability of football season due to the COVID-19 pandemic (Sky / DAZN) Free
German Competition Authority (Bonn)
Proceeding against Sky and DAZN discontinued – Award procedure relating to Champions League broadcasting rights* Today, the Bundeskartellamt discontinued its proceeding against Sky Ltd., London, and DAZN Group Ltd., London, for discretionary reasons; the proceeding had been conducted due to (...)

The US FTC adds 6 State Attorneys General as co-complainants in a lawsuit against an anticompetitive scheme to protect list-price increase of more than 4,000 percent for life-saving drug Daraprim (Vyera Pharmaceuticals / Martin Shkreli / Kevin Mulleady)
US Federal Trade Commission (FTC) (Washington)
Six More States Join FTC and NY Attorney General’s Case Against Vyera Pharmaceuticals, Martin Shkreli, and Other Defendants* Defendants engaged in anticompetitive scheme to protect list-price increase of more than 4,000 percent for life-saving drug Daraprim The Federal Trade Commission has (...)

The EU Court of Justice clarifies the criteria for the pay-for-delay agreements in the pharmaceutical sector (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Herbert Smith Freehills (Brussels)
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Amazon (Brussels)
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Herbert Smith Freehills (London)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 30 January 2020 the European Court of Justice (“ECJ”) clarified for the first time the criteria governing whether so-called “pay-for-delay” agreements entered (...)

The UK Competition Authority welcomes the EU Court of Justice’s ruling in a pay-for-delay case (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
United Kingdom’s Competition Authority (CMA) (London)
CMA welcomes EU Court ruling in pay-for-delay drug case* The CMA welcomes a ruling from the EU Court of Justice in relation to its case that drug companies supplying an antidepressant called paroxetine broke the law. The ruling, released today, follows appeals from GlaxoSmithKline and other (...)

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

The EU Commission fines a €14.3 million a film and TV production company for restricting intellectual property licensing (NBCUniversal)
Ashurst (Brussels)
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ADNOC Group (Abu Dhabi)
On 30 January 2020 the European Commission ("Commission") fined NBCUniversal EUR 14,327,000 for restricting intellectual property licensees from selling licensed merchandise within the EEA to territories and customers beyond those allocated to them. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS (...)

The EU Court of Justice clarifies the conditions under which pay-for-delay agreements preventing generic versions of a patented medicine from entering the market or delaying such entry may constitute a restriction of competition "by object" or "by effect" as well as an abuse of dominant position (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
University of Liège
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Linklaters (Düsseldorf)
On 30 January 2020, the Court of Justice of the EU (‘CJEU’) ruled on the applicability of competition law to settlement agreements between a holder of a pharmaceutical patent and manufacturers of generic medicines. In a judgment issued only a week after Advocate General Kokott delivered her (...)

The EU Court of Justice provides guidance on patent settlements between manufacturers of the originator and generic medicines (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Hausfeld (London)
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Hausfeld (Berlin)
On 30 January 2020, the European Court of Justice released its judgment relating to a patent dispute between the pharmaceutical patent-holder, GlaxoSmithKline (GSK), and a generic drug maker concluding that originators and generics are in fact “potential competitors” if the generic drugmaker has (...)

The EU Commission fines €14.3 million a film production company for restricting the sale of merchandising products (NBCUniversal)
Zepos & Yannopoulos (Athens)
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Zepos & Yannopoulos (Athens)
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Zepos & Yannopoulos (Athens)
On 30 January 2020, the European Commission fined NBCUniversal EUR14,3 million for restricting intellectual property licensees from selling licensed merchandise within the EEA to territories and customers beyond those allocated to them. The Commission found that for over six and a half years, (...)

The EU Court of Justice clarifies the conditions for a pay-for-delay agreement to be qualified as a restriction of competition by object (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Ashurst (Brussels)
On 30 January 2020 (case C-307/18), the European Court of Justice ("ECJ") issued a preliminary ruling that sheds more light on the circumstances in which an agreement settling a patent dispute between a pharmaceutical patent holder and a company intending to launch a competing generic product (...)

The EU Court of Justice clarifies that when patent settlement agreements restrict a generic pharmaceutical company’s ability to enter the market they infringe EU antitrust rules (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Bird & Bird (Brussels)
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Strelia (Brussels)
Article summary: Settlement Agreements Can Be Anti-Competitive Only If The Involved Companies Are (At Least) Potential Competitors. A Careful Examination Must Determine Whether A Generic Manufacturer Would Have Entered Into The Market Without A "Pay Per Delay" Agreement. The Classification Of (...)

The EU Commission fines non-exclusive distribution agreements of IP protected merchandise products (Nike) (Sanrio) (NBCUniversal)
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
The European rules on vertical restrictions are strongly influenced by the EU’s goal of creating a single market, also for Intellectual Property (‘IP’) protected products. Following its e-commerce sector inquiry, the EC started a number of investigations into non-exclusive distribution agreements (...)

The EU Court of Justice renders a preliminary ruling stating that a dispute between an originator and a generics manufacturer constitutes evidence that they are potential competitors (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Zepos & Yannopoulos (Athens)
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Zepos & Yannopoulos (Athens)
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Zepos & Yannopoulos (Athens)
On 30 January 2020, the Court of Justice of the EU rendered its preliminary ruling in Case C-307/18 – Generics (UK) and Others v CMA (Paroxetine). The case originated in a preliminary reference made by the UK Competition Appeal Tribunal (CAT) relating to an appeal against a decision of the UK (...)

The US District Court for the Northern District of California rules that an automotive company breaches FRAND commitments for the standard essential patents it was offering to license (Continental / Avanci)
Ropes & Gray (New York)
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Ropes & Gray (New York)
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Ropes & Gray (New York)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. As new devices become wirelessly connected, the importance of fairly licensing cellular standard essential patents (SEPs) has become increasingly important. This (...)

The UK Competition Authority issues a statement of objections to three pharmaceutical companies over pay-for-delay agreements (Aspen / Amilco / Tiofarma)
KPN (Amsterdam)
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Bird & Bird (London)
On 3 October 2019 the Competition and Markets Authority (CMA) issued a Statement of Objections (the “SO”) to three pharmaceutical companies over pay-for-delay agreements in the market for Addison’s disease treatment. In its SO the CMA sets out its provisional view that, in 2016, pharmaceutical (...)

The EU Court of Justice clarifies for the first time when patent settlement agreements restricting a generic pharmaceutical company’s ability to enter the market infringes the EU antitrust rules (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Baker Botts (Brussels)
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Baker Botts (Brussels)
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Baker Botts (Brussels)
In a major judgment handed down on 30 January 2020 in Generics (UK) and Others, the EU Court of Justice (the Court) – the EU’s highest court – clarified for the first time the analytical framework for assessing when patent settlement agreements that restrict a generic pharmaceutical company’s (...)

Unilateral Practices

The US FTC files an amicus brief challenging the abuse of the FDA’s "orange book" listing procedures which allow companies to automatically block the entry of generic drugs for 30 months (Jazz Pharmaceuticals / Avadel CNS Pharmaceuticals)
US Federal Trade Commission (FTC) (Washington)
FTC Amicus Brief Challenges Abuse of FDA “Orange Book” Listing Procedures to Block Drug Competition* The Federal Trade Commission filed an amicus brief with the U.S. District Court for the District of Delaware in the case of Jazz Pharmaceuticals v. Avadel CNS Pharmaceuticals. The Brief (...)

The Spanish Competition Authority fines a contraceptive products company for abuse of dominant position over alleged abuse of patent rights (Merck Sharp & Dohme)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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 (...)

The Spanish Competition Authority fines a pharmaceutical company €39M for filing unjustified lawsuits with the goal of delaying the entry of rivals into the market for female contraceptive rings (Merck Sharp & Dohme)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC fines pharmaceutical company Merck Sharp and Dohme 39 million euros for abuse of a dominant position in the market for vaginal contraceptive rings* In 2017, the company took unjustified legal action against its competitor Insud Pharma under the pretext of protecting its patent. With (...)

The EU Commission sends a Statement of Objections to a pharmaceutical company over abusive patent filings and disparagement of generic competitors (Teva)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 10 October 2022, the European Commission (the “Commission”) announced that it had sent a Statement of Objections to Teva, a pharmaceutical company marketing Copaxone®, a medicine indicated for the treatment of specific forms of multiple sclerosis. The Statement of Objections comes over a year (...)

The EU Commission issues Statement of Objections against a pharmaceutical company over alleged abuse of dominance consisting of misuse of divisional patents and a disparagement campaign against its closest competitor (Teva)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
On 10 October 2022, the European Commission (“EU Commission“) formally adopted a Statement of Objections (“SO“) against Teva over an alleged abuse of dominance concerning its blockbuster drug Copaxone, which is used in the treatment of multiple sclerosis. As we reported in March 2021, the EU (...)

The EU Commission sends a Statement of Objections to the developer of a multiple sclerosis medication over misuse of the patent system and disparagement of a rival (Teva)
European Commission - DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Teva over misuse of the patent system and disparagement of rival multiple sclerosis medicine* The European Commission has informed Teva of its preliminary view that the company has breached EU antitrust rules by engaging in practices (...)

The Swiss Competition Authority carries out a dawn raid which causes a pharmaceutical company to drop IP infringement court actions against competitor (Novartis / Lily)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
As we have previously reported (Van Bael & Bellis Life Sciences News and Insights, 15 September 2022), on 13 September 2022, the Swiss Competition Authority carried out an inspection at the premises of Novartis Pharma AG ( Novartis ). In parallel, Novartis received a request for (...)

The German Competition Authority finds the 2023 fuel supply and distribution licenses award model of a concession company compatible with competition law (Tank & Rast)
German Competition Authority (Bonn)
Fuel sales at motorway petrol stations - Tank & Rast’s new award model does not violate competition law* The Bundeskartellamt has no serious competition concerns about plans by Tank & Rast GmbH, Bonn for the award of fuel supply and distribution licences for motorway petrol stations for (...)

The Brazilian Competition Authority suspends exclusivity contracts on wellness platforms market (Gympass / Totalpass)
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
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Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
The Administrative Council for Economic Defence (CADE) has prohibited corporate wellness platform Gympass from executing exclusivity contracts with its clients. In its decision, the CADE considered such arrangements as potentially exclusionary as they prevent new entrants in the market from (...)

The US District Court for the Northeastern District of New York dismisses a drug manufacturer’s claim against a rival which it alleged blocked entry into the market for a medication administered through pre-loaded syringes (Novartis / Regeneron)
Constantine Cannon (Washington)
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Constantine Cannon (New York)
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Constantine Cannon (New York)
A Nearsighted Approach to Product Market Definition: Court Rejects Low-Cost Rival’s Antitrust Claims Alleging Novartis Blocked Competition in the Sale of Eye-Disease Treatments* One antitrust case we have been watching closely is the patent-related antitrust suit filed by biotechnology company (...)

The Spanish Competition Authority initiates disciplinary proceedings against a company for abuse of dominance in the exploitation of intellectual property rights of publishers and authors of musical and audiovisual works (SGAE)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC initiates disciplinary proceedings against SGAE for possible abuse of dominant position* It is investigating possible anti-competitive practices in the markets for the management of the intellectual property rights of authors and publishers of audiovisual and musical works. These would (...)

The US Court of Appeals for the DC Circuit hears an appeal brought by 48 State Attorney Generals against a ruling by a District Court in a Big Tech refusal to deal case (Meta)
White & Case (Washington)
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White & Case (Washington)
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White & Case (Washington)
Application of the Proper ‘Outer Boundary’ of Antitrust Liability for Alleged Refusals to Deal in New York v Facebook* Introduction The States brought an antitrust complaint against Facebook alleging that various conduct violated Section 2 of the Sherman Act. The ICLE brief addresses the (...)

The Italian Competition Authority fines a Big Tech company €1.128 billion for abuse of dominance by making exclusive advantages for its online marketplace conditional upon the purchase of its logistics services (Amazon)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On December 9, 2021, the Italian competition authority (the “ICA” or “AGCM”) has levied its highest ever administrative fine—€1.128 billion—on Amazon Europe Core S.à r.l., Amazon Services Europe S.à .r.l., Amazon EU S.à r.l., Amazon Italia Services S.r.l., and Amazon Italia Logistica S.r.l. (...)

The US Court of Appeals for the Ninth Circuit dismisses the class action brought on behalf of indirect purchasers alleging that a chip manufacturer abused its dominant position by refusing to sell chips to manufacturers that did not pay above-market royalty rates to license its patents (Qualcomm / Stromberg)
Hausfeld (Washington)
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Hausfeld (San Francisco)
On September 29, 2021, the Ninth Circuit vacated the class certification order in Stromberg et al. v. Qualcomm, an antitrust class action brought on behalf of indirect purchasers alleging that Qualcomm monopolized the market for modem chips by refusing to sell chips to manufacturers that did (...)

The Italian Competition Authority initiates non-compliance proceedings following a warning which required the company to cease an unfair practice in the highway infrastructure sector (Autostrade)
Italian Competition Authority (Rome)
ICA: non-compliance proceedings initiated against Autostrade per l’Italia* The licence-owner received a fine of €5 million in March but has not yet reduced the cost of tolls on the sections with significant traffic problems. The Italian Competition Authority has initiated a non-compliance (...)

The US FTC charges a semiconductor supplier with illegal monopolization through exclusive dealing in the market for components used to deliver TV and broadband internet services (Broadcom)
US Federal Trade Commission (FTC) (Washington)
FTC Charges Broadcom with Illegal Monopolization and Orders the Semiconductor Supplier to Cease its Anticompetitive Conduct* The Federal Trade Commission has issued a complaint charging Broadcom with illegally monopolizing markets for semiconductor components used to deliver television and (...)

The French Competition Authority rejects a TV broadcaster’s complaint against the national football league’s awarding of broadcasting rights due to insufficient evidence (Canal Plus / Ligue de Football Professionnel)
French Competition Authority (Paris)
Reawarding of the football Ligue 1’s TV rights: The Autorité de la concurrence rejects Canal + Group’s complaint against the LFP, for lack of sufficient evidence* Background On 29 January 2021, Canal Plus Group ("GCP") referred practices allegedly implemented by the Ligue de Football (...)

The Australian Competition Authority releases its second interim report which examines the competition and consumer issues associated with the distribution of mobile apps to users of smartphones and other mobile devices
Bird & Bird (Sydney)
On 28 April 2021, the ACCC released its second interim report as part of the five-year Digital Platform Services Inquiry, which examines the competition and consumer issues associated with the distribution of mobile apps to users of smartphones and other mobile devices. In this second interim (...)

The Chinese Intermediate People’s Court of Ningbo City enforces mandatory licensing for "essential facility" patents in an antitrust case (Ketian / Hitachi)
Jones Day (Hong Kong)
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Jones Day (Shanghai)
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Jones Day (Beijing)
In Short The Development: China’s Ningbo Intermediate People’s Court ruled that Hitachi Metals ("Hitachi") allegedly abused its dominance when it refused to license patents necessary for the production of sintered neodymium-iron-boron ("sintered NdFeB"). The Significance: This is the first case (...)

The EU Commission investigates for the first time a case relating to divisional patent filing and litigation strategies in the pharmaceutical sector (Teva)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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 (...)

The EU Commission opens a formal investigation into possible anticompetitive conduct of a global pharmaceutical company concerning a blockbuster multiple sclerosis medicine (Teva)
European Commission - DG COMP (Brussels)
Antitrust: Commission opens formal investigation into possible anticompetitive conduct of Teva in relation to a blockbuster multiple sclerosis medicine* The European Commission has opened a formal antitrust investigation to assess whether the pharmaceutical company Teva has illegally delayed (...)

The EU Commission accepts commitments by a drug manufacturer to reduce prices by 73% in an excessive pricing case (Aspen)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
On 10 February 2021, the EC concluded its first excessive pricing investigation in the healthcare sector by accepting commitments from Aspen Pharmacare Holdings Ltd and Aspen Pharma Ireland Limited (collectively, Aspen) (Decision C (2021) 72 final in Case AT.40394, Aspen). The decision (...)

The EU Commission accepts a commitment to reduce the price of six cancer medicines by 73% in an excessive pricing case in the pharmaceutical industry (Aspen)
Van Bael & Bellis (Brussels)
On 10 February 2021, the Commission announced that it had accepted a series of pricing and supply commitments from Aspen, thereby bringing an end to its investigation into whether Aspen had infringed Article 102 TFEU by charging excessive prices for six off-patent cancer medicines. Having (...)

The Japanese FTC and the Government propose draft guidelines for business collaboration between large companies and startups for the purpose of promoting open innovation and ensuring fair and free competitive environments
White & Case (Tokyo)
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White & Case (Tokyo)
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White & Case (Tokyo)
On December 23, 2020, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") proposed a draft of Guidelines for Business Collaboration with Startups ("Guidelines") for the purpose of promoting open innovation and ensuring fair and free competitive (...)

The Italian Competition Authority fines main national ticket operator €10.9 million for abuse of dominant position (TicketOne)
Bird & Bird (Rome)
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Luiss Guido Carli University (Rome)
On 22 December 2020, the Italian Competition Authority (AGCM) issued an important decision fining CTS Eventim €10.9 million for having implemented an unlawful exclusive strategy in the Italian market of pop music events ticket sellers. In September 2018, the AGCM launched an investigation (...)

The Spanish Competition Authority opens an investigation against a national football federation for abuse of dominant position (RFEF)
Bird & Bird (Madrid)
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Ecija & Asociados (Madrid)
The sale and use of audio-visual football rights in Spain has always been in the spotlight due to frequent controversies between the Spanish Football Federation (“RFEF”), the national professional football league (“LaLiga”) and the football clubs. At a national level, LaLiga organises the first (...)

The Czech Competition Authority rejects an appeal from a collecting society for music authors and confirms the fine for abuse of dominant position (OSA)
Bird & Bird (Prague)
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Bird & Bird (Prague)
The Czech Office for the Protection of Competition ("Office") published a press release (without publishing the full decisions yet) regarding the rejection of the appeal of the collecting society for music authors’ rights OSA - Ochranný svaz autorský pro práva k dílům hudebním, z.s. ("OSA"), and (...)

The Regional Court of Düsseldorf refers questions regarding the licensing of standard essential patents in multi-layered supply chains to the EU Court of Justice (Nokia / Daimler)
Van Bael & Bellis (Brussels)
On 26 November 2020, the Regional Court of Düsseldorf (“Düsseldorf Court”) decided to request a preliminary ruling from the Court of Justice of the European Union (“ECJ”) in patent infringement proceedings involving Nokia and Daimler. The questions give the ECJ the opportunity to offer guidance on (...)

The Regional Court of Düsseldorf questions the EU Court of Justice on standard essential patents licensing in supply chains (Nokia / Daimler)
Orrick, Herrington & Sutcliffe (Dusseldorf)
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Orrick, Herrington & Sutcliffe (Washington DC)
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Clifford Chance (Dusseldorf)
In a decision of November 26, 2020 in a patent infringement case of Nokia Technologies Oy against Daimler AG, the Düsseldorf Regional Court (file number 4c O 17/19) referred several questions to the European Court of Justice (ECJ) regarding the licensing of standard essential patents (SEPs) (...)

The EU Court of Justice rules that the fee structure for music played at festivals adopted by a Belgian collecting society is not abusive (SABAM)
Milbank (London)
On 25 November 2020, the Court of Justice ((“ECJ”) delivered a judgment in Case C-327/19, ruling that the fee structure for music played at festivals adopted by the Belgian collecting society SABAM is not necessarily abusive under Article 102 TFEU. The case came before the ECJ by way of a (...)

The EU Court of Justice rules on the royalty mechanism of a Belgian collecting society in a situation of de facto monopoly (SABAM)
University Paris Saclay
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Christian Dior (Paris)
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University Paris Saclay
On 25 November 2020, the European Court of Justice (ECJ) handed down its preliminary ruling in response to the request by the Ondernemingsrechtbank Antwerp as to the interpretation of Article 102 TFEU. The disagreement between Weareone.World and Wecandance on one side, and SABAM, a Belgian (...)

The EU Court of Justice states that the fee structure for music played at festivals adopted by a collecting society is not necessarily abusive (SABAM)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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 (...)

The Belgian Competition Authority imposes interim measures requested by a football club following an appeal judgment (Virton / RBFA)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 19 November 2020, the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - the BCA) imposed interim measures on the Royal Belgian Football Association (the RBFA) at the (...)

The EU Court of Auditors encourages the Commission to adopt stricter enforcement of existing instruments to regulate Big Tech
Loyens & Loeff (Amsterdam)
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Loyens & Loeff (Amsterdam)
European Court of Auditors encourages European Commission to tighten the screws on ‘Big Tech’* The Court of Auditors believes that the introduction of new instruments should go hand in hand with stricter enforcement of existing instruments In a Special Report published on 19 November 2020, the (...)

The Swiss Competition Authority fines a cable operator for abusing broadcasting rights (UPC)
Swiss Competition Commission (Bern)
COMCO: UPC abused ice hockey broadcasting rights* The Competition Commission (COMCO) fines UPC by around CHF 30 million. In 2016, UPC acquired broadcasting rights for games of the Swiss Ice Hockey Championship. It refused to supply Swisscom with broadcasts of live ice hockey for years. This (...)

The German Federal Court of Justice rules on the burden of proof for showing exhaustion of trademark right (Amazon / Coty)
Van Bael & Bellis (Brussels)
On 15 October 2020, the German Federal Court of Justice (“FCJ”) issued a judgment on the burden of proof for showing the exhaustion of trademark rights in a case pitting Coty against Amazon. After having made a test purchase from Amazon of two bottles of a perfume bearing the “JOOP!” trademark on (...)

The Paris Court of Appeal confirms the Competition Authority’s decision ordering a search engine to negotiate with news agencies and press publishers (Google)
Addleshaw Goddard (Paris)
On 8 October 2020, the Paris Court of Appeal rejected Google’s challenge to the French Competition Authority’s ("FCA") decision compelling Google to negotiate "neighbouring rights" with news agencies and press publishers. "Neighbouring rights" include the right to receive payment when a (...)

The US Court of Appeals for the Federal Circuit reverses a judgment that upheld “skinny labels” and allowed a generic medicine to launch on uses not covered by a patent (GlaxoSmithKline / Teva)
Rutgers University (Camden)
On October 2, 2020, the U.S. Court of Appeals for the Federal Circuit vacated a district court’s judgment in favor of defendant Teva in a case involving “skinny labels.” GlaxoSmithKline LLC v. Teva Pharm. USA, Inc., 976 F.3d 1347 (Fed. Cir. 2020). When a drug can be used to treat multiple (...)

The US FTC requests rehearing en banc by the US Court of Appeals for the Ninth Circuit in the case of global semiconductor company’s standard-essential patent licensing practices (Qualcomm)
US Federal Trade Commission (FTC) (Washington)
FTC Requests Rehearing En Banc of Qualcomm Appeals Panel Decision* The Federal Trade Commission today filed a petition with the U.S. Court of Appeals for the Ninth Circuit requesting rehearing en banc of the August 11, 2020, decision of a panel of that court in the matter of FTC v. Qualcomm (...)

The Regional Court of Munich rules in favour of an electronics manufacturer in standard essential patent proceeding (Sharp / Daimler)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 10 September 2020, the Regional Court of Munich (“Munich Court”) ruled in favour of Sharp that Daimler had infringed a standard essential patent (“SEP”) of Sharp. Sharp is the patent holder of EP 2667676B1 which is standard essential for the Long-Term Evolution (“LTE”) telecommunications (...)

The UK Supreme Court rules on a license dispute between a software and a telecommunications company and clarifies the English Courts’ approach to FRAND royalty cases (Unwired Planet / Huawei)
Van Bael & Bellis (Brussels)
On 26 August 2020, the UK Supreme Court issued a judgment in a licence dispute involving Standard Essential Patents (“SEPs”) pitting Unwired Planet, a US based patent assertion entity, against Huawei, a Chinese telecommunications company that produces smartphones. Unwired Planet brought an (...)

The US Court of Appeals for the Ninth Circuit rules that there is no antitrust violation in a multinational semiconductor company’s licensing of its standard-essential patents (Qualcomm)
Mintz Levin Cohn Ferris Glovsky and Popeo PC (Boston)
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Mintz Levin Cohn Ferris Glovsky and Popeo PC (Washington)
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Mintz Levin Cohn Ferris Glovsky and Popeo PC (New York)
Ninth Circuit Reverses FTC Win in FTC v. Qualcomm, Finding No Antitrust Violations from Qualcomm’s Licensing of its Standard-Essential Patents* In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth (...)

The US Court of Appeals for the Ninth Circuit overturns a ruling finding that a semiconductor company’s licensing practice abused its dominant position (Qualcomm)
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
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United States Senate (Washington)
On 11 August 2020, a panel of the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in a unanimous opinion by Judge Callahan, reversed the U.S. Federal Trade Commission’s (“FTC’s”) win in the district court against Qualcomm Inc. (“Qualcomm”) and upheld Qualcomm’s licensing practices, (...)

The US Court of Appeals for the Ninth Circuit strikes down a sweeping injunction against a semiconductor company and reins in an expansive interpretation of the Sherman Act (Qualcomm)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In rejecting every aspect of the lower court’s decision, the Ninth Circuit panel (...)

The US Court of Appeals for the Ninth Circuit reverses a ruling finding that a semiconductor company abuses its dominant position regarding its standard-essential patents (Qualcomm)
Cleary Gottlieb Steen & Hamilton
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Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (New York)
On August 11, 2020, a Ninth Circuit panel reversed the District Court for the Northern District of California’s judgment in FTC v. Qualcomm, Inc. The panel held that Qualcomm’s conduct—(a) refusing to license its standards essential patents (SEPs) to rival chipset manufacturers; (b) refusing to (...)

The Slovak Competition Authority initiates administrative proceedings in a potential abuse of dominance case over collective management of rights
Slovak Competition Authority (Bratislava)
ABUSE OF A DOMINANT POSITION: AMO SR initiated an administrative proceedings in the matter of a possible abuse of a dominant position in carrying out collective management of rights* On 20 July 2020 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of a Dominant Position (...)

The EU Court of Justice AG Pitruzzella offers guidance on method for calculating royalties that may lead to a finding of abuse of a dominant position (SABAM)
Van Bael & Bellis (Brussels)
On 16 July 2020, Advocate General (“AG”) Pitruzzella issued an opinion in Case C-327/19, advising the Court of Justice of the European Union (“ECJ”) on whether the method for calculating royalties used by SABAM, the Belgian collecting society, amounts to an abuse of a dominant position under (...)

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 on a range of off-patent cancer medicines (Aspen)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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 (...)

The EU Commission invites parties to submit comments regarding a pharma company and its excessive pricing (Aspen)
Van Bael & Bellis (Brussels)
On 14 July 2020, the Commission invited interested parties to submit comments on the commitments offered by global pharma company Aspen to address competition concerns in relation to Aspen’s excessive pricing for six critical off-patent cancer medicines in several national markets (excluding (...)

The Indian Competition Authority dismisses abuse of dominance claims after a manufacturing company issues a public notice of its trademark rights arising from the corporate insolvency resolution process (Prashant Properties / SPS Steel Rolling Mills)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
Key Points To bring an allegation of abuse of dominance before CCI, the informant ought to show that some right it possessed had been infracted by the conduct of the opposite party in terms of Section 4 of the Act. An announcement made in the newspapers as a public notice is merely a (...)

The Indian Competition Authority rejects a complaint against trademark holders concluding that legitimate assertion of trademark rights is not an abuse of dominance (Prashant Properties / SPS Steels Rolling Mills)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI rejected at prima facie stage a complaint that SPS Steels Rolling Mills (SPS) and other related entities/individuals had abused their dominant position by making an announcement threatening civil and criminal prosecution of any person using the trademark ‘ELEGANT’ or associated (...)

The Beijing Intellectual Property Court rules that a national audio-video copyright association did not abuse its dominant position (KTV / CAVCA)
King & Wood Mallesons (Beijing)
Antitrust litigations concerning intellectual property rights increased in 2020. Among notable cases, the case of eight KTV v. China Audio Video Copyright Association (“CAVCA”) for its abuse of dominance attracted particular attention. Background In this case, the plaintiffs of eight KTV (...)

The German Federal Court of Justice rules on SEP licensing negotiations on FRAND terms in the mobile telecommunications market (Sisvel / Haier)
McDermott Will & Emery (Dusseldorf)
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McDermott Will & Emery (Dusseldorf)
The German Federal Court of Justice (FCJ) has issued its decision in a landmark case regarding standard essential patents (SEPs) and fair, reasonable and nondiscriminatory (FRAND) licensing of SEPs. The judgment, dated 5 May 2020, was handed down in litigation between the Sisvel patent pool and (...)

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 telecommunications market (Sisvel / Haier)
Van Bael & Bellis (Brussels)
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 (...)

The German Federal Court of Justice clarifies obligations of parties in SEP licensing negotiations on FRAND terms (Sisvel / Haier)
Van Bael & Bellis (Brussels)
In its judgment of 5 May 2020, the Federal Court of Justice (“FCJ”) overturned the appeal ruling of the Higher Regional Court of Düsseldorf (the “Düsseldorf Court”) and found that Haier’s mobile telephones and tablets infringed Sisvel’s standard-essential patent (“SEP”) and that Sisvel had not abused (...)

The French Competition Authority imposes interim measures on a dominant Big Tech company requiring it to enter into good faith negotiations with publishers and new agencies (Google)
DLA Piper (Brussels)
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Hausfeld (London)
After the record fine of 1.1 billion euros against Apple, the French Competition Authority continues to show a strong leadership in its fight against “Big Tech” — Google, Apple, Facebook, and Amazon, the “GAFAs,” — by imposing interim measures on Google, requiring it to enter into good faith (...)

The French Competition Authority imposes interim measures against a search engine suspected of abusing its dominance by infringing the law relating to neighboring rights (Google)
French Competition Authority (Paris)
Neighbouring rights: the Autorité has granted requests for urgent interim measures presented by press publishers and the news agency AFP (Agence France Presse)* It requires Google to negotiate with publishers and news agencies the remuneration due to them under the law relating to neighbouring (...)

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)
Van Bael & Bellis (Brussels)
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 (...)

The Czech Competition Authority fines the collective rights management organisation for abuse of a dominant position (OSA)
Bird & Bird (Prague)
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Bird & Bird (Prague)
In a first-instance decision, the Office for the Protection of Competition ("Office") imposed a fine amounting to CZK 10,676,000 on the collective rights management organisation, Ochranný svaz autorský pro práva k dílům hudebním ("OSA"), for an abuse of a dominant position. The decision has been (...)

The Turkish Competition Authority publishes its first investigation concerning abuse of dominance by a standard-essential patent holder (Philips)
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkish Competition Authority’s (“TCA”) Philips Decision (26.12.2019, 19-46/790-344 – published on 27.05.2020) is quite significant as it is the first time that the TCA examined the conducts of a Standard Essential Patent (“SEP”) holder within the scope of Article 6 of the Act No. 4054 on the (...)

The Italian Regional Administrative Court of Lazio rejects the appeal against abuse of dominance decision in the markets for the management of copyrights (SIAE)
Bird & Bird (Rome)
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Luiss Guido Carli University (Rome)
On 26 September 2019, the Regional Administrative Court of Lazio (“TAR”) rejected the appeal lodged by the Italian Authors’ and Publishers’ Association (the “SIAE”) against the decision of the Italian Competition Authority (the “ICA”) taken on 25 September 2018. In this decision, the Authority had (...)

Mergers

The Chinese State Administration for Market Regulation approves a merger between two digital technology companies subject to remedies, including divestments and commitments to supply customers on fair, reasonable and non-discriminatory terms (Siltronic / GlobalWafers) (AMD / Xilinx)
Ashurst (Singapore)
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Ashurst (Abū Dhabī)
In January 2022, the State Administration of Market Regulation ("SAMR") conditionally approved two merger transactions in the technology sector - the acquisition of Siltronic AG by Global Wafers and the acquisition of Xilinx by Advanced Micro Devices. These two cases demonstrate SAMR’s ongoing (...)

The US FTC and DoJ launch a joint public inquiry into the agencies’ horizontal and vertical merger guidelines to decipher whether the guidelines properly implement the statutory ban on transactions that may substantially lessen competition or tend to create a monopoly
Covington & Burling (Washington)
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Covington & Burling (Washington)
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Covington & Burling (Washington)
Tuesday, January 18th, the Federal Trade Commission (“FTC”) and the U.S. Justice Department’s Antitrust Division (“DOJ”) launched a joint public inquiry regarding the agencies’ horizontal and vertical merger guidelines. As part of this inquiry, the agencies are soliciting public comment via a Request (...)

The US FTC and DoJ announce a joint public inquiry related to the federal merger guidelines with the goal of strengthening enforcement against illegal mergers
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On Jan. 18, 2022, the Federal Trade Commission (FTC) and the Department of Justice’s (DOJ) Antitrust Division announced a joint public inquiry related to the federal merger guidelines, with the goal of “strengthening enforcement against illegal mergers.” Members of the public are encouraged to (...)

The Italian Competition Authority approves without conditions a joint venture in the sector for green mobility (Enel X / Volkswagen Finance Luxembourg)
Giannino SI (Monserrato)
By its recent decision handed down in Enel X/Volkswagen Finance Luxembourg, the Italian Antitrust Authority (IAA) has approved without conditions a joint venture incorporated by two major providers of green mobility services. The IAA took the view that the transaction was unlikely to restrain (...)

The Danish Competition Authority approves an acquisition of sole control over two newspaper distributors by a national media company subject to commitments (JP/Politikens Hus / Dansk Avis Omdeling / Bladkompagniet)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has approved JP/Politikens Hus’ acquisition of sole control over Dansk Avis Omdeling A/S and A/S Bladkompagniet subject to commitments* On 15 December 2021 the Danish Competition Council has approved JP/Politikens Hus A/S’ (“JP/Politiken”) acquisition of sole control (...)

The UK Competition Authority finds serious competition concerns with a merger between a company in the chip technology industry and one of its customers as it may prevent competitors from accessing the latest processor designs (NVIDIA / Arm)
United Kingdom’s Competition Authority (CMA) (London)
CMA finds competition concerns with NVIDIA’s purchase of Arm* The Competition and Markets Authority (CMA) has found that NVIDIA’s purchase of Arm raises serious competition concerns. A summary of the CMA’s report, which was sent to the Secretary of State (SoS) for the Department for Digital, (...)

The EU Commission clears acquisition of American financial markets data and infrastructure provider by a financial infrastructure company subject to conditions (Refinitiv / London Stock Exchange Group)
European Commission - DG COMP (Brussels)
Mergers: Commission clears acquisition of Refinitiv by London Stock Exchange Group, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Refinitiv by the London Stock Exchange Group (‘LSEG’). The approval is conditional on full (...)

The UK Competition Authority investigates American chip producer’s takeover of national semiconductor and chip design company (NVIDIA / Arm)
United Kingdom’s Competition Authority (CMA) (London)
CMA to investigate NVIDIA’s takeover of Arm* The CMA is inviting interested third parties to provide initial views on the anticipated acquisition of Arm by NVIDIA. This is an early opportunity for interested third parties to comment on the impact that the takeover could have on competition in (...)

The US FTC imposes conditions on a pharmaceutical merger because of competition concerns in ten generic drug markets (Mylan / Upjohn)
US Federal Trade Commission (FTC) (Washington)
FTC Imposes Conditions on Combination of Pfizer Inc.’s Upjohn and Mylan N.V.* Pharmaceutical companies Pfizer Inc. and Mylan N.V. have agreed to divest assets and abide by other conditions to settle Federal Trade Commission charges that the proposed combination of Upjohn Inc. and Mylan N.V. (...)

The EU Commission unconditionally clears a merger of two multinational groups both active in sports broadcasting and the sale of advertising space (PPF / CME)
European Commission - DG COMP (Brussels)
Mergers: Commission approves PPF’s acquisition of CME* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Central European Media Enterprises ("CME") by PPF Group NV ("PPF"). The Commission concluded the transaction would raise no (...)

The US FTC approves final order requiring animal health product suppliers to divest assets in three product markets as a condition of acquisition (Elanco Animal Health / Bayer Animal Health)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Requiring Animal Health Product Suppliers Elanco Animal Health, Inc. and Bayer Animal Health GmbH to Divest Assets in Three Product Markets as a Condition of Acquisition* Following a public comment period, the Federal Trade Commission has approved a final order (...)

The Australian Competition Authority is not opposed to a pharmaceutical merger after offered divestments overcome competition concerns (Mylan / Upjohn)
Australian Competition and Consumer Commission (Canberra)
Divestments overcome strong competition concerns with pharmaceutical merger* The ACCC will not oppose Mylan NV’s proposed merger with Pfizer’s Upjohn Inc division, after Mylan and Upjohn offered a court-enforceable undertaking to divest three off-patent branded pharmaceuticals in response to the (...)

The Australian Competition Authority accepts a proposed merger between two pharmaceutical companies despite concerns of a significant reduction in competition in the supply of the products (Mylan / Upjohn)
Ashurst (Sydney)
On 10 September 2020, the Australian Competition and Consumer Commission ("ACCC") decided to not oppose Mylan NV’s ("Mylan") proposed merger with Pfizer’s Upjohn Inc division ("Upjohn"), despite concerns that competition in the supply of pharmaceutical products to treat cardiovascular conditions (...)

The Russian Competition Authority reaches an agreement with the HSE Technology Transfer Center to further simplify the terms of technology transfer in the breeding sector after negotiating with a pharma company (Bayer)
Russian Federal Antimonopoly Service (Moscow)
Bayer offered more favorable conditions for transfer of germplasm to russian breeders* Russian breeding companies that receive germplasm transferred by Bayer as part of the FAS Russia’s ruling based on the result of the Bayer&Monsanto transaction will be fully exempt from paying royalties (...)

The US DoJ releases merger remedies manual
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (Washington)
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Sheppard Mullin (Washington)
DOJ Antitrust Division Releases New Merger Remedies Manual* On September 3, 2020, the DOJ’s Antitrust Division released its Merger Remedies Manual. The manual provides important guidance on what DOJ considers to be adequate solutions to addressing competitive issues in M&A deals challenged (...)

The New Zealand Competition Authority clears merger of two IP professional service businesses (AJ Park / Baldwins)
New Zealand Commerce Commission (Wellington)
Commission clears AJ Park’s acquisition of Baldwins* The Commerce Commission has granted clearance for AJ Park IP Limited, in conjunction with AJ Park Law Limited (together, AJ Park), to acquire the assets of Baldwins Intellectual Property, Baldwin Holdings Limited, Baldwins Intellectual (...)

The US DoJ releases merger remedies manual
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On Sept. 3, the Antitrust Division of the Department of Justice (DOJ) released the Merger Remedies Manual (the manual), which provides guidance on how the agency currently intends to approach the structure and implementation of remedies in merger cases. See Antitrust Div., U. S. Department of (...)

The Romanian Competition Authority launches for public debate the commitments proposed by banks intending to become joint shareholders of a provider of integrated cash management services (Société Générale / Raiffeisen Bank / Banca Comercială Română)
Romanian Competition Council (Bucharest)
The Competition Council Launches for Public Debate the Commitments Proposed by BRD, Raiffeisen and BCR* The Competition Council launches for public debate the commitment proposals formulated by BRD - Groupe Société Générale SA (BRD), Raiffeisen Bank SA and Banca Comercială Română (BCR) in order to (...)

The US FTC requires global suppliers of animal health products to divest assets in 3 product markets as a condition for merger clearance (Elanco / Bayer)
US Federal Trade Commission (FTC) (Washington)
FTC Requires Global Suppliers of Animal Health Products Elanco Animal Health, Inc. and Bayer Animal Health GmbH to Divest Assets in Three Product Markets, as a Condition of Merger* The Federal Trade Commission will require global suppliers of animal products, Elanco Animal Health, Inc. and (...)

The Italian Administrative Supreme Court reinstates remedies imposed by the Competition Authority to mitigate the effects of the acquisition of certain assets of the digital terrestrial Pay-TV (Sky / R2)
Ashurst (Brussels)
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Ashurst (Milan)
On 28 May 2020, the Italian Administrative Supreme Court ("CoS") reinstated remedies imposed by the Italian Competition Authority ("ICA" or "Authority") to mitigate the effects of the acquisition by Sky Italia Holding S.p.A. ("Sky") of certain assets of the digital terrestrial Pay-TV owned by (...)

The US FTC imposes remedies on a proposed merger between two prosthetic limb manufacturers including the divestment of the myoelectric elbow business (College Park Industries / Össur Hf)
US Federal Trade Commission (FTC) (Washington)
FTC Imposes Conditions on Össur Hf’s Acquisition of College Park Industries, Inc.* Conditions to remedy competition loss in the U.S. market for myoelectric elbows Össur Hf and College Park Industries, Inc., both makers of prosthetic limbs, have agreed to divest College Park’s myoelectric elbow (...)

The Italian Competition Authority authorizes the acquisition of a media company by a private equity firm (F2I / Persidera)
Italian Competition Authority (Rome)
Antitrust: acquisition of Persidera by Terzo Fondo authorized with remedies* On 12 November 2019, the Authority concluded its investigation, launched on 4 September 2019, to assess the effects on competition of the acquisition of the sole control of Persidera S.p.A. by Terzo Fondo per le (...)

The EU Commission clears a merger subject to remedies in the market of telecommunications and TV broadcasting (Telia / Bonnier Broadcasting)
European Commission - DG COMP (Brussels)
Mergers: Commission clears Telia’s acquisition of Bonnier Broadcasting, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Bonnier Broadcasting by Telia. The approval is conditional on full compliance with a commitments (...)

The EU Commission clears subject to behavioural commitments a merger in the telecommunications sector (Telia / Bonnier Broadcasting)
Van Bael & Bellis (Brussels)
On 12 November 2019, the European Commission (“Commission”) conditionally cleared Telia Company’s acquisition of Bonnier Broadcasting Company after a Phase II investigation. Telia is a Swedish telecommunications company that provides fixed and mobile telecommunications, broadband and television (...)

State Aid

The EU General Court annuls the Commission’s decision regarding the Irish tax rulings in favor of a Big Tech company (Apple)
General Court of the European Union (Luxembourg)
The General Court of the European Union annuls the decision taken by the Commission regarding the Irish tax rulings in favour of Apple* The General Court annuls the contested decision because the Commission did not succeed in showing to the requisite legal standard that there was an advantage (...)

The EU General Court annuls the Commission’s decision concerning the tax rulings in favor of a Big Tech company (Apple)
Van Bael & Bellis (Brussels)
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Hogan Lovells (Brussels)
On 15 July 2020, the General Court (the “GC”) annulled the European Commission’s (the “Commission”) decision of 30 August 2016 concerning tax rulings adopted by the Irish authorities in relation to two companies forming part of the Apple Group (the “Contested Decision”). The Contested Decision found (...)

The EU General Court clarifies the burden of proof that has to be met by the Commission to demonstrate the existence of an advantage in the context of tax rulings (Starbucks)
CMS (Brussels)
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Latham & Watkins (Brussels)
On 24 September 2019, the General Court (‘GC’) rendered its first two Judgments assessing under which circumstances EU State aid rules can curtail Member States’ sovereignty to adopt individual tax rulings. In the Starbucks Judgment discussed here, the GC ruled in favour of Starbucks since the (...)

The EU General Court overturns the Commission’s decision ordering the Netherlands to recover illegal State aid from a coffee company (Starbucks)
Zepos & Yannopoulos (Athens)
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Zepos & Yannopoulos (Athens)
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Zepos & Yannopoulos (Athens)
On 24 September 2019, the General Court delivered its judgments in the first two individual tax ruling cases involving transfer pricing within multinationals, providing important guidance on the application of the arm’s length principle in the context of State aid investigations concerning tax (...)

Procedures

The US District Court for the Eastern District of California holds that California’s anti-reverse payment law is enforceable, but only against settlements negotiated or completed in California (Association for Accessible Medicines / Rob Bonta)
White & Case (Washington)
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White & Case (Washington)
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White & Case (Washington)
In February 2022, the US District Court for the Eastern District of California held that California Assembly Bill 824—which established a first-of-its kind presumption that certain pharmaceutical patent settlements are anticompetitive and which the California Attorney General had previously been (...)

The Italian Supreme Court accepts an appeal by a luxury fashion designer demanding the cancellation of the registration of two brands for lack of novelty to avoid dilution or corrosion of the trademark as a result of counterfeiting (Gucci / Zhou Shaolin)
Accademia del Lusso
With the following article I would like to analyze the very recent sentence of the Court of Cassation - n. 27217/2021 filed on 7 October 2021 , which, in terms of the protection of renowned brands, accepted with postponement the appeal by Gucci which requested the cancellation for "lack of (...)

The EU Court of Justice orders the removal of a request for a preliminary ruling by the Regional Court of Dusseldorf regarding the licensing of standard essential patents in multi-layered supply chains (Nokia / Daimler)
Van Bael & Bellis (Brussels)
On 24 June 2021, the Court of Justice of the European Union (“ECJ”) ordered the removal of a request for a preliminary ruling lodged by the Regional Court of Düsseldorf on 23 March 2021 in Case C-182/21, Nokia Technologies Oy v. Daimler AG. The questions arose in a dispute between Nokia and (...)

The German Regional Court of Düsseldorf refers several questions to the EU Court of Justice regarding the licensing of standard essential patents within multi-level supply chains (Nokia / Daimler)
Orrick, Herrington & Sutcliffe (Dusseldorf)
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Clifford Chance (Dusseldorf)
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Orrick, Herrington & Sutcliffe (Washington DC)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a decision of November 26, 2020, in a patent infringement case of Nokia Technologies Oy against Daimler AG, the Düsseldorf Regional Court (file number 4c O (...)

The UK Supreme Court hands down a judgment in a competition damages lawsuit and makes key observations on when a judicial decision of the EU courts is binding in other proceedings (Secretary of State for Health / Servier Laboratories)
Shearman & Sterling (Brussels)
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Shearman & Sterling (London)
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Financial Conduct Authority (London)
Holds Findings Made by European Courts Cannot Be Relied on in Different Context in Other Proceedings On November 6, 2020 the U.K. Supreme Court handed down a judgment relating to the Servier U.K. competition damages litigation, in which it made key observations on when a judicial decision of (...)

The US DoJ updates its business review letter to the Institute of Electrical and Electronics Engineers concerning their patent policy
US Department of Justice (Washington DC)
Justice Department Updates 2015 Business Review Letter To The Institute Of Electrical And Electronics Engineers* The Justice Department today issued a supplement to its Feb. 2, 2015 Business Review Letter from the Antitrust Division to the Institute of Electrical and Electronics Engineers, (...)

The Chinese State Administration for Market Regulation releases IP antitrust guidelines
King & Wood Mallesons (Beijing)
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King & Wood Mallesons (Beijing)
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Mintz Levin Cohn Ferris Glovsky and Popeo PC (New York)
China’s IP Antitrust Guidelines Released to the Public* Preface Recently, the Anti-Monopoly Guidelines for the Intellectual Property (“IP Guidelines”) was published in the Collection of Antitrust Regulations and Guidelines in 2019 released by the Anti-Monopoly Bureau of the State Administration (...)

The Chinese State Administration for Market Regulation breaks new ground with book for antitrust guidelines
Hogan Lovells (Beijing)
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Hogan Lovells (Hong Kong)
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Hogan Lovells (Shanghai)
On 6 August 2020, the lid was lifted on one of China’s biggest antitrust secrets. On that day, news broke out that a new book authored by the State Administration for Market Regulation ("SAMR") featuring a compilation of antitrust rules had been launched. The compilation contains four previously (...)

The Chinese State Administration for Market Regulation publishes leniency guidelines
AnJie Law (Beijing)
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AnJie Law (Beijing)
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AnJie Law (Beijing)
Highlights of the Chinese Leniency Guidelines Published by SAMR in June 2020* In June 2020, the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”) published a new book, the 2019 Compilation of Antitrust Regulations and Guidelines, which contains four previously (...)

The Chinese State Administration for Market Regulation publishes anti-monopoly guidelines on intellectual property
Jones Day (Shanghai)
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Jones Day (Beijing)
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Jones Day (Beijing)
In August 2020, the Anti-Monopoly Bureau of China’s State Administration for Market Regulation released four long-awaited sets of anti-monopoly guidelines addressing issues relating to leniency, commitments, the automobile industry, and intellectual property rights. The subjects of this White (...)

The Indian Competition Authority scuffles with the Controller of Patents due to an overlap in the scope and functioning of both authorities (Monsanto)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
In its brief 11-year existence, the Competition Commission of India (“CCI”) has investigated anti-competitive conduct across several diverse sectors of the Indian economy. The CCI is the sole quasi-judicial and regulatory body established under the Competition Act, 2002 (as amended) (“Competition (...)

The High Court of Delhi sides with the Indian Competition Authority and resolves the jurisdictional issue between the latter and the Intellectual Property Rights Authorities under the Patents Act (Monsanto)
Hidayatullah National Law University (Raipur)
Following the appeal made against several orders of Competition Commission of India (“CCI”) by Monsanto Holdings Pvt. Ltd. (“MHPL”), the Delhi High Court on 20th May, 2020 handed down the judgement of MHPL & Ors. v. CCI, clarifying mainly the jurisdictional issues between the IPR authorities (...)

The German Federal Court of Justice issues its decision in a landmark case regarding SEPs and their FRAND licensing (Sisvel / Haier)
McDermott Will & Emery (Dusseldorf)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The German Federal Court of Justice (FCJ) has issued its decision in a landmark case regarding standard essential patents (SEPs) and fair, reasonable, and (...)

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)
Van Bael & Bellis (Brussels)
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 (...)

Regulatory

The UK Department for Business, Energy and Industrial Strategy prohibits the acquisition of British intellectual property by a Chinese Company (Beijing Infinite Vision Technology / University of Machester)
Hogan Lovells (London)
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Hogan Lovells (London)
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Hogan Lovells (London)
The UK Government this week prohibited the acquisition of intellectual property owned by the University of Manchester by a Chinese company – marking the first time the UK Government has exercised its powers to block a transaction under new national security rules. On 20 July 2022, the UK’s (...)

The US DoJ, PTO, and NIST publish a joint statement on future approach to standard essential patents and FRAND commitments
International Center for Law & Economics (Portland)
Unpacking the Flawed 2021 Draft USPTO, NIST, & DOJ Policy Statement on Standard-Essential Patents (SEPs)* Responding to a new draft policy statement from the U.S. Patent & Trademark Office (USPTO), the National Institute of Standards and Technology (NIST), and the U.S. Department of (...)

The Spanish Competition Authority calls on the national football federation to amend its proposal for commercializing the audiovisual rights of the new "Primera RFEF" category (RFEF)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC calls on the Royal Spanish Football Federation (RFEF) to amend their proposal for commercialising the audiovisual rights of the new "Primera RFEF" category The document breaches several requirements set out in Royal Decree-Act 5/2015. It affects the commercialisation of the rights in (...)

The US President Joe Biden signs an executive order on promoting competition in the American economy
Jones Day (Chicago)
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Jones Day (Washington)
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Jones Day (Washington)
In Short The Situation: President Biden recently signed an Executive Order on Promoting Competition in the American Economy (the "Order") outlining 72 initiatives by more than a dozen federal agencies to combat "excessive" corporate consolidation and increase competition across the U.S. (...)

The US President Joe Biden signs an executive order aimed at promoting competition in the American economy using antitrust laws
Shearman & Sterling (Washington)
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Shearman & Sterling (Washington)
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Shearman & Sterling (Washington)
What This Means for Merger Enforcement, Technology Platforms, Healthcare, Banking and Consumer Finance and Labor Markets On Friday, July 9, 2021, President Biden signed a sweeping Executive Order (and provided an accompanying FACT Sheet) with the stated goal of using existing antitrust laws (...)

The US President Joe Biden issues sweeping executive order targeting corporate consolidation and anticompetitive activity in the labor, financial services, healthcare, transportation, telecommunications, agricultural, and tech markets
Hogan Lovells (Washington)
,
Hogan Lovells (Washington)
,
Hogan Lovells (Washington)
On 9 July 2021 President Biden signed a far-reaching executive order intended to promote competition in the American economy. The order targets perceived corporate consolidation and anticompetitive activity in the labor, financial services, health care, transportation, telecommunications, (...)

The US President Joe Biden publishes an executive order containing 72 initiatives to address competition concerns in several industries, including pharmaceuticals, biotech, and healthcare
White & Case (New York)
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White & Case (New York)
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White & Case (Washington)
Citing concerns about growing consolidation, reduced competition, and increasing prices, President Biden issued on July 9, 2021 a sweeping Executive Order containing 72 initiatives to address competition concerns in a number of industries, including pharmaceuticals, biotech, and healthcare. In (...)

The US President Joe Biden issues an executive order to promote competition in the American economy that includes 72 initiatives targeting the labor, healthcare, agriculture, transportation, internet service, technology, banking, and consumer finance sectors
Covington & Burling (Washington)
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Covington & Burling (Washington)
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Covington & Burling (Washington)
President Biden today signed an expansive Executive Order to promote competition that includes 72 initiatives targeting the labor, healthcare, agriculture, transportation, internet service, technology, and banking and consumer finance sectors. In the Order, President Biden calls on the (...)

The US President Joe Biden signs an executive order instructing more than a dozen federal agencies to promptly tackle some of the most pressing competition problems across the national economy
White & Case (Washington)
,
White & Case (Washington)
,
White & Case (New York)
A new Executive Order signed by President Biden includes 72 initiatives instructing more than a dozen federal agencies, including the US Department of Justice and the Federal Trade Commission, to, according to the White House’s Fact Sheet, "promptly tackle some of the most pressing competition (...)

The US Congress introduces a package of bills seeking changes to antitrust and patent law in the pharmaceutical industry
White & Case (New York)
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White & Case (Boston)
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White & Case (New York)
The pharmaceutical industry, like the technology sector, has become as a focus of U.S. lawmakers seeking to revise competition law. In April 2021, House and Senate lawmakers introduced a package of legislation targeting conduct that supposedly prevents or slows competition from less expensive (...)

The EU Commission issues the proposed Digital Markets Act aimed to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as “gatekeepers” should abide by
Keystone Strategy (London)
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Yale University - School of Management (New Haven)
The European Commission Digital Markets Act: A translation* The European Commission has finally issued the proposed Digital Markets Act, its bid to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as (...)

The EU Commission presents the pharmaceutical strategy for Europe
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 25 November 2020, the European Commission (the Commission) unveiled its Pharmaceutical Strategy for Europe (PSE), a wide-ranging document that discusses a series of broad policy statements, tentative considerations and concrete measures to tackle the many challenges faced by the (...)

The New Zealand Competition Authority confirms its approach to monitoring and enforcing non-discrimination and equivalence obligations for telecom network operators offering fibre and other wholesale services
New Zealand Commerce Commission (Wellington)
Commission confirms its approach to monitoring and enforcing non-discrimination and equivalence obligations* The Commerce Commission has today released guidance about how it will monitor and enforce obligations on telecommunication network operators to offer fibre and other wholesale services (...)

The US DoJ and PTO issue a policy statement on standard-essential patents subject to a commitment to license on FRAND terms
Orrick, Herrington & Sutcliffe (Washington DC)
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Orrick, Herrington & Sutcliffe (Washington DC)
After withdrawing support from a 2013 policy statement on appropriate remedies for standard-essential patents subject to a commitment to license on fair, reasonable and nondiscriminatory terms, the U.S. Department of Justice’s Antitrust Division and the U.S. Patent and Trademark Office, along (...)

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