Patents Settlements

Anticompetitive practices

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 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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Covington & Burling (Brussels)
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Covington & Burling (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 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 Italian Competition Authority proposes pro-competitive legislative changes to the Government
Hogan Lovells (Milan)
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Hogan Lovells (Milan)
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Hogan Lovells (Milan)
The document provides a summary of the proposal for pro-competitive legislative changes submitted by the Italian Competition Authority to the Italian Government on 23 March 2021. The Italian Competition Authority identifies eight trajectories of possible reform: 1. Measures to encourage and (...)

The Italian Competition Authority sends to the government its proposal aiming at removing potential legal or administrative burdens to the opening of markets and ensure the development of competition as well as promoting the economic recovery of the country
White & Case (Milan)
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White & Case (Milan)
On 23 March 2021, the Italian Competition Authority (“ICA”) sent to the Italian government its proposals for changes to the Italian competition law for inclusion in the “annual law for competition” pursuant to Article 47 of Law 99/2009. The ICA reform proposals affect a broad variety of industries (...)

The EU Court of Justice reduces fine imposed on a company in the steel abrasives cartel case (Pometon)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 18 March 2021, the European Court of Justice (“ECJ”) delivered its judgment in Pometon SpA v European Commission (Case C-440/19) in connection with the Steel Abrasives cartel case. In its judgment, the ECJ partially upheld the appeal in so far as it found that the General Court had breached (...)

The Spanish Competition Authority agrees to a conventional settlement of the disciplinary proceedings for competition law infringement in the mooring and unmooring sector (Amarres de Algeciras)
Spanish Competition Authority (Madrid)
The CNMC settles the disciplinary proceedings against Amarres de Algeciras* It was investigating a sector agreement that could have restricted the freedom to hire of new mooring companies in the Port of Algeciras. The case is settled without a fine, since the conditions presented by the (...)

The Italian Competition Authority opens an investigation on an alleged anticompetitive agreement in the audiovisual market (SIAE)
Bird & Bird (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 UK Competition Authority publishes guidance for businesses on how to participate in sustainability agreements without breaching competition law
Ashurst (London)
The UK’s Competition and Markets Authority (CMA) has published guidance for businesses to help them understand how to avoid participation in sustainability agreements raising competition law issues that can have serious consequences for those businesses. Recognising that many sustainability (...)

The Czech Competition Authority sanctions a bid-rigging agreement on projecting high-speed rails (Sudop / VUZ)
Bird & Bird (Prague)
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Bird & Bird (Prague)
Leniency programmes and settlement procedures are commonly used by the Czech Office for the Protection of Competition (“Office”). The leniency programme was used as a “soft law” by the Office since 2001 to promote discovery of unlawful horizontal agreements. As for the settlement procedure, it (...)

The EU Commission fines a PC gaming platform and its publishers for geo-blocking practices (Valve / Bandai Namco / Capcom / Focus Home / Koch Media / ZeniMax)
Cleary Gottlieb Steen & Hamilton (Brussels)
On January 20, 2021, the European Commission (“Commission”) fined Valve and PC video games publishers €7.8 million for restricting cross-border sales of PC video games within the EEA. Video games publishers requested Valve, owner of the PC video gaming platform Steam, to provide geo-blocked (...)

The EU Court of Justice upholds the General Court’s ruling on the EU Commission’s duty to pay default interest on reimbursed fines (Printeos)
Ashurst (Brussels)
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Ashurst (Brussels)
On 20 January 2021 the European Court of Justice ("ECJ") upheld the General Court’s ruling on the European Commission’s duty to pay default interest on reimbursed fines as a form of restitutio in integrum, clarifying the rate to be applied and that late payment of interest will itself incur (...)

The EU Commission fines a PC gaming platform operator and five video game publishers €7.8 million for geo-blocking practices (Valve / Bandai Namco / Capcom / Focus Home / Koch Media / ZeniMax)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 20 January 2021, the European Commission (the “Commission”) announced that it had fined the US company Valve, owner of the popular online PC gaming platform “Steam” (“Steam”), and five publishers of video games (Capcom, Bandai Namco, Koch Media, Focus Home Interactive and ZeniMax Media) a total of (...)

The German Parliament publishes its act against restraints of competition’s 10th amendment 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 German Competition Authority fines manufacturers of manhole covers €6 million for price-fixing (MeierGuss Sales & Logistics / KG)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 14 January 2021, the German Federal Cartel Office (“FCO”) announced that it had fined two manufacturers of manhole covers approximately € 6 million for price-fixing and coordinating their respective offers for two large contracts. The companies manufacture products such as manhole covers and (...)

The German Competition Authority fines gully tops and manhole covers manufacturers for agreements on prices and rebates (MeierGuss Sales & Logistics / KG)
German Competition Authority (Bonn)
Manufacturers of manhole covers and gully tops fined for price-fixing* The Bundeskartellamt has imposed fines totalling around 6 million euros on two manufacturers of manhole covers and gully tops and their representatives for agreements on prices and rebates and an agreement to carve up two (...)

The Italian Supreme Administrative Court upholds 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)
Bird & Bird (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 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 EU Court of Justice annuls the Commission decision that made commitments legally binding for companies in the pay-TV services sector (Paramount / Sky / Groupe Canal +)
Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
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 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 commission’s settlement decision for its failure to consider adverse effects on third party interests (Paramount / Sky / Groupe Canal +)
Van Bael & Bellis (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 annuls the Commission 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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Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (London)
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 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 Czech Competition Authority imposes fines for IT cartel agreement (Autocont / Tesco / Asseco Central Europe)
Czech Competition Authority (Brno)
Office imposed fines for IT cartel agreement in total amount of CSK 75 million* By its first-instance decision of 7 December 2020, the Office for the Protection of Competition imposed fines in the total amount of CZK 74,622,000 on AUTOCONT a.s., TESCO SW a.s., ICZ a.s., MERIT GROUP a.s., (...)

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 US FTC issues a FY 2017 report on branded drug 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 Chinese SAMR 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 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 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 EU Commission fines two pharmaceutical companies €60.5 million for delaying the entry of cheaper generic medicine for sleep disorders (Teva / Cephalon)
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 two pharmaceutical companies for 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 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 US DoJ files a case and simultaneous settlement requiring an association to repeal and modify certain rules to provide transparency (National Association of Realtors)
US Department of Justice - Antitrust Division (Washington)
Justice Department Files Antitrust Case and Simultaneous Settlement Requiring National Association of Realtors® To Repeal and Modify Certain Anticompetitive Rules* Settlement Will Increase Competition to the Benefit of American Homeowners and Homebuyers and Allow for Innovation in Brokerage (...)

The UK Competition Authority fines two suppliers of rolled lead for entering into anticompetitive arrangements (Associated Lead Mills / BLM British Lead)
Van Bael & Bellis (Brussels)
On 4 November 2020, the UK’s Competition and Markets Authority (“CMA”) imposed fines totalling £9.5 million on two of the UK’s largest rolled lead suppliers for their role in a roofing lead cartel. The CMA fined Associated Lead Mills Ltd and H.J. Enthoven Ltd (trading as BLM British Lead) £1.5 (...)

The UK Competition Authority issues fines of over £9 million for roofing lead cartel (Associated Lead Mills / BLM British Lead)
United Kingdom’s Competition Authority - CMA (London)
CMA issues fines of over £9m for roofing lead cartel* The CMA has imposed fines totalling more than £9m on 2 of the UK’s largest suppliers of rolled lead, for breaking competition law. Following an investigation into suspected cartel conduct, the Competition and Markets Authority (CMA) found (...)

The Hong Kong Competition Authority welcomes the Competition Tribunal’s judgment against an IT cartel for price-fixing in the first case where the liability and relief portions of the proceedings have been resolved by settlement (Quantr / Cheung Man Kit / Nintex)
Hong Kong Competition Commission
Competition Commission welcomes judgment in IT cartel conduct case* The Competition Commission (Commission) welcomes the judgment handed down by the Competition Tribunal (Tribunal) today (3 November) in proceedings involving the exchange of competitively sensitive information in the IT sector. (...)

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 EU Commission fines car parts suppliers €18 million in cartel settlement in the market for closure systems for cars (Brose / Kiekert / Magna)
DG COMP (Brussels)
Antitrust: Commission fines car parts suppliers of € 18 million in cartel settlement* The European Commission has fined Brose and Kiekert a total of € 18 million for taking part in two cartels concerning supplies of closure systems for cars in the European Economic Area (EEA). Magna was not (...)

The Danish Competition Authority fines a design company for dictating prices (GUBI)
Danish Competition and Consumer Authority (Copenhagen)
Design company pays fine of DKK 6 million for dictating prices* GUBI A/S, a Danish design company within furniture and lighting, has entered into a settlement and accepted to pay a fine of DKK 6 million for infringing the Danish Competition Act. The company contacted the authorities on the (...)

The Danish Competition Authority fines a design company for resale price maintenance (GUBI)
Van Bael & Bellis (Brussels)
According to a press release issued by the Danish Competition Authority (the “Authority”) on 18 September 2020, Danish design company GUBI A/S has entered into a settlement with the Authority and accepted to pay a fine of DKK 6 million (approximately € 800,000) for having engaged in resale price (...)

The Australian Competition Authority secures a first-ever individual guilty plea for obstructing a cartel investigation from the infringing company’s general manager (BlueScope Steel)
Australian Competition and Consumer Commission (Canberra)
Ex BlueScope GM Jason Ellis pleads guilty to obstructing cartel investigation* Jason Ellis, a former general manager of sales and marketing at BlueScope Steel Limited (BlueScope), has today entered a guilty plea in Sydney’s Downing Centre Local Court to one charge of inciting the obstruction of (...)

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 UK Supreme Court hands down a judgement between a software and a telecommunication company, providing answers on 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 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 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 District Court for the Southern District of New York terminates long-standing Paramount consent decrees, thereby allowing after 7 decades the classic movie studios to form closer agreements with movie distributors (Paramount Pictures)
US Department of Justice - Antitrust Division (Washington)
Federal Court Terminates Paramount Consent Decrees* A federal court in the Southern District of New York today terminated the Paramount Consent Decrees, which for over seventy years have regulated how certain movie studios distribute films to movie theatres. The review and termination of these (...)

The Spanish Ministry of Economy and Digital Transformation publishes a draft regulation modifying the Competition Act
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
Last 31 July 2020, the Ministry of Economic Affairs and Digital Transformation made public the draft regulation modifying Law 15/2007, of 3 July, on the Defense of Competition (Draft Regulation). The Draft Regulation, other than implementing the main features of the ECN+ Directive into Spanish (...)

The New Zealand Competition Authority reaches a settlement in equine air freight price-fixing proceeding (IRT Partnership)
New Zealand Commerce Commission (Wellington)
Settlement reached in equine air freight price-fixing proceeding* A settlement has been reached with the International Racehorse Transport New Zealand Partnership (IRT Partnership) in a price fixing case arising from an arrangement between IRT Partnership and its competitor for the provision (...)

The Hellenic Competition Authority fines two furniture companies for bid-rigging a public hospital’s tender but reduces their fines for cooperation in the case (Papanastasiou / Pichas)
Hellenic Competition Authority (Athens)
Decision on the ex-officio investigation in the furniture and professional equipment market (703/2020)* The Hellenic Competition Commission (HCC), in plenary, adopted a unanimous decision following the simplified Settlement Procedure according to article 25a of Law 3959/2011 and Decision no. (...)

The EU Commission fines ethylene purchasers €260 million in cartel settlement for colluding to buy at the lowest possible price (Orbia / Clariant / Celanese / Westlake)
DG COMP (Brussels)
Antitrust: Commission fines ethylene purchasers € 260 million in cartel settlement* The European Commission has fined Orbia, Clariant and Celanese a total of € 260 million for breaching EU antitrust rules. Westlake was not fined as it revealed the cartel to the Commission. The companies took (...)

The EU Commission fines ethylene purchasers €260 million in a cartel settlement (Orbia / Clariant / Calanese / Westlake)
Van Bael & Bellis (Brussels)
On 14 July 2020, the European Commission (the “Commission”) announced that it had adopted a decision fin‐ ing three ethylene purchasers a total of € 260,443,000. The companies concerned namely, Orbia (Mexico), Clari‐ ant (Switzerland), Calanese (United States) and Westlake (United States), were (...)

The EU Commission fines ethylene purchasers for having colluded and exchanged information on purchase prices (Orbia / Clariant / Celanese / Westlake)
Ashurst (Brussels)
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Ashurst (London)
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Ashurst (London)
Fines for ethylene purchasing cartel On 14 July 2020, the European Commission ("Commission") fined ethylene purchasers Orbia, Clariant and Celanese EUR 260 million for having colluded and exchanged information on purchase prices on the ethylene merchant market with a fourth participant, (...)

The UK Competition Authority fines 3 pharmaceutical companies £2.3 million for anti-competitive agreement in the supply of 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 EU Commission publishes its 2019 annual activity report
Court of First Instance of Namur (Namur)
On 25 June 2020, the European Commission’s Directorate-General of Competition (“DG Competition”) published its 2019 Annual Activity Report. In the foreword, Olivier Guersent, Director-General of DG Competition, expresses the view that creating “European Champions” would be a mistake as all companies (...)

The Australian Federal Court sees Norwegian global shipping company plead guilty to criminal cartel conduct (WWO)
Australian Competition and Consumer Commission (Canberra)
Wallenius Wilhelmsen pleads guilty to criminal cartel conduct* Norwegian-based global shipping company Wallenius Wilhelmsen Ocean AS (WWO) has today entered a guilty plea in the Federal Court to criminal cartel conduct. After an ACCC investigation, on 23 August 2019 the Commonwealth Director (...)

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 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 Japanese Competition Authority approves commitment plan submitted by an international contact lenses company to alleviate concerns of restrictive trading practices (Cooper Vision Japan)
Japan Fair Trade Commission (Tokyo)
Approval of the Commitment Plan submitted by Cooper Vision Japan, Inc.* In response to the Notice of Commitment Procedures which the Japan Fair Trade Commission (hereinafter referred to as “JFTC”) issued to Cooper Vision Japan, Inc. (hereinafter referred to as “Cooper Vision Japan”) on March 13, (...)

The UK Competition Authority secures binding competition disqualification undertakings by a director involved in two separate anticompetitive arrangements relating to the supply of pharmaceuticals (Amit Patel / Auden McKenzie / Amilco)
Bird & Bird (London)
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Bird & Bird (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 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 Guangzhou Intellectual Property Court rules its first trademark infringement and unfair competition case regarding parallel import, 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 COVID-19 (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 suit against anticompetitive scheme to protect list-price increase of more than 4,000 percent for life-saving drug Daraprim (Vyera Pharmaceuticals / Martin Shkreli / Phoenixus / 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 US DoJ agrees to a civil settlement with an additional firm involved in a bid-rigging that targeted fuel supply contracts for military bases in South Korea (Jier Shin Korea / Sang Joo Lee)
US Department of Justice - Antitrust Division (Washington)
DOJ Agrees to Civil Settlement with Additional Firm Involved in Bid Rigging and Fraud Targeting Defense Department Fuel Supply Contracts for U.S. Military Bases in South Korea* South Korea-based company Jier Shin Korea Co. Ltd., and its president, Sang Joo Lee, have agreed to pay $2 million to (...)

The UK Competition Tribunal publishes a summary of an application to commence collective proceedings for losses arising from a settlement decision finding infringements of article 101 TFEU in the automobile market (Mark McLaren)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (London)
On 1 April 2020, the CAT published a summary of an application to commence collective proceedings under section 47B of the Competition Act 1998. The application was filed by Mark McLaren Class Representative Limited, a special purpose vehicle, alleging losses arising from the European (...)

The UK Competition Appeals Tribunal rules on which part of the EU Commission’s settlement decision is binding on a defendant and that it is an abuse of process for defendants to deny in follow-on damage claim the findings that are contained in settlements (Trucks cartel)
Hausfeld (London)
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Hausfeld (London)
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Hausfeld (London)
In an important judgment for follow- on damages claims, the Competition Appeal Tribunal has ruled that a number of findings made by the European Commission in its Trucks ‘settlement’ Decision are binding on the defendants and the Tribunal; and that, subject to limited exceptions, it is an abuse (...)

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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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
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 into between originator and generic pharmaceutical companies fall foul of EU competition law rules. Such agreements are a form of patent (...)

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 Court of Justice clarifies for the first time when patent settlement agreements that restrict a generic pharmaceutical company’s ability to enter the market infringe 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 (...)

The Hungarian Competition Authority fines undertakings €4.8 million for sharing EU-funded public procurement tenders for diagnostic imaging equipment (GE Hungary / Premier G / Euromedic Technology)
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
The Hungarian Competition Authority (’’GVH’’) fined several undertakings which were found to have shared amongst themselves the EU-funded public procurement tenders for diagnostic imaging (MRI, CT and X-ray) equipment in Hungary in 2015. The total fine amounts to EUR 4.8 million, with GE Hungary (...)

The German Competition Authority fines three companies and three people €646 million for agreeing and exchanging certain supplements and surcharges for quarto plates (Ilsenburger / Thyssenkrupp Steel / Voestalpine)
Fieldfisher (Düsseldorf)
Steel manufacturers fined record €646 million for agreeing surcharges and exchanging information* The Federal Cartel Office (FCO) has fined three companies and three persons a total of approximately €646 million. The companies agreed and exchanged certain supplements and surcharges for so-called (...)

The German Competition Authority fines car manufacturers for anti-competitive practices in the purchase of steel (BMW / Daimler / Volkswagen)
German Competition Authority (Bonn)
German car manufacturers fined for anticompetitive practices in the purchase of steel* The Bundeskartellamt has imposed fines totalling around 100 million euros on Bayerische Motoren Werke AG, Daimler AG and Volkswagen AG for anticompetitive practices in the purchase of long steel products. (...)

The French Competition Authority fines road transport companies for market sharing (Astre)
Autorité de la concurrence (Paris)
The Autorité de la concurrence fines the Astre transport group €3.8 million for anticompetitive practices.* Background Following an investigation report sent by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), the Autorité de la concurrence has today (...)

The French Competition Authority imposes a € 3.8 million fine on a transport association for market sharing (Astre)
Van Bael & Bellis (Brussels)
On 28 October 2019, the French Competition Authority (“FCA”) imposed a fine of € 3.8 million on ASTRE, an association of small and medium-sized transport companies, for having introduced in 1997 a non-competition clause into its internal rules of procedure, its articles of association and its (...)

The UK Competition Authority fines three construction companies for price-fixing, market sharing, and exchange of information (Stanton Bonna Concrete / CPM / FP McCann)
United Kingdom’s Competition Authority - CMA (London)
Construction firms fined £36 million for breaking competition law* The CMA has issued 3 firms with fines totalling more than £36 million for breaking competition law in supplying certain concrete drainage products for building projects. Following an investigation by the Competition and Markets (...)

The Danish Competition Authority announces that three demolition companies and their managers paid fines for bid-rigging in settlement agreements with the Danish State Prosecutor for Serious Economic and International Crime (G. Tscherning / Villy C. Petersen / Brandis)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Demolitions companies and management members pay fines in settlement agreements for bid rigging* Three demolition companies and three management members have entered into settlement agreements with the Danish State Prosecutor for Serious Economic and International Crime for infringing (...)

The Swiss Competition Authority fines a manufacturer of sports products for vertical price fixing with dealers (Stöckli)
Lenz & Staehelin (Zurich)
Introduction The Swiss Competition Commission (“ComCo”) fined Stöckli Swiss Sports (“Stöckli”), a Swiss manufacturer of Skis and other sport products, for vertical price fixing with its dealers with CHF 140’000. The fine was rather low, as Stöckli had filed a leniency application, albeit after ComCo (...)

The Australian Parliament passes a repeal of subsection 51(3) of the Competition and Consumer Act 2010
Jones Day (Sydney)
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Jones Day (Sydney)
Both houses of the Australian Parliament have passed a repeal of subsection 51(3) of the Competition and Consumer Act 2010 (Cth) ("CCA"). Following the repeal, owners of intellectual property rights in Australia must comply with certain competition rules from which they previously enjoyed an (...)

The Barcelona Court of Appeal applies a narrow reading of the exhaustion principle to trade marks with common origin (Schweppes)
Van Bael & Bellis (Brussels)
On 22 July 2019, the Barcelona Court of Appeal (“Audiencia Provincial de Barcelona”) delivered a judgment on an appeal by Schweppes SA (“Schweppes”) against a judgment of the Commercial Court of Barcelona in which it held that the evidence provided by Red Paralela, a parallel importer, was (...)

The EU Commission fines a company for restricting cross-border sales of merchandising products (Sanrio)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
The investigation of the Commission has found that Sanrio banned traders from selling licensed merchandise of Hello Kitty and other characters outside their territorial coverage but within the European Economic Area (“EEA”). Sanrio is a Japanese company that designs, licenses, produces and sells (...)

The French Competition Authority fines a distribution cooperative of raw materials and baker equipment for market sharing (Back Europ)
Autorité de la concurrence (Paris)
Distribution of raw materials and equipment to bakers* The Autorité hands down fines to the cooperative Back Europ for having organised, on the whole of France, a geographical market distribution between its members. L’essentiel The Autorité hands down fines to the cooperative Back Europ for (...)

The Shanghai IP Court holds that fictitiously increasing the number of views of videos is an act of false propaganda (Feiyi / IQiYi)
Beijing Foreign Studies University (Beijing)
From the perspective of anti-unfair competition law, Feiyi Company fictitiously increased the video visits of IQiYi’s website by technical means - the first case of inflating traffic on video websites in China. In recent years, the excessive pursuit of traffic in the Internet industry has (...)

The Canadian Competition Authority announces that ticket vendors will pay $4 million in penalties to settle drip pricing advertising case (Ticketmaster)
Steve Szentesi Law Corporation (Vancouver)
TICKETMASTER ENTITIES AGREE TO $4 MILLION PENALTY TO SETTLE DRIP PRICING ADVERTISING CASE On June 27, 2019, the Competition Bureau (Bureau) announced that Ticketmaster L.L.C., TNow Entertainment Group, Inc. and Ticketmaster Canada LP have agreed to pay a $4 million penalty and $500,000 of the (...)

The EU Commission fines five banks for participating in foreign exchange spot trading cartel (Barclays / RBS / Citigroup / JPMorgan / MUFG)
DG COMP (Brussels)
Antitrust: Commission fines Barclays, RBS, Citigroup, JPMorgan and MUFG €1.07 billion for participating in foreign exchange spot trading cartel* In two settlement decisions, the European Commission has fined five banks for taking part in two cartels in the Spot Foreign Exchange market for 11 (...)

The Hague Court of Appeal delivers its judgment on an alleged infringement of patent essential to the universal mobile telecommunications system standard (Asus / Philips)
Van Bael & Bellis (Brussels)
On 7 May 2019, the Court of Appeal of the Hague delivered its judgment in a case pitting Philips against ASUS regarding the alleged infringement of Philips’ European patent EP 1 623 511, which was considered essential to the High Speed Uplink Packet Access (“HSUPA”) protocol of the Universal (...)

The Paris Court of Appeal delivers the first judgement on FRAND terms and applies the French legislation implementing the trade secrets directive (Conversant / LG)
Van Bael & Bellis (Brussels)
On 16 April 2019, the Paris Court of Appeal delivered a judgment in Conversant v. LG, a case dealing with the concept of licensing under fair, reasonable and non-discriminatory (“FRAND”) terms. While the court did not set a much-anticipated FRAND royalty rate, the case is noteworthy because of (...)

The US FTC reverses Administrative Law Judge decision, finding Section 5 violation for reverse-payment settlement (Endo / Impax)
Rutgers University (Camden)
In FTC v. Actavis, the Supreme Court ruled that settlements by which brand drug companies pay generics to delay entering the market could violate antitrust law. In In the Matter of Impax Laboratories, the Federal Trade Commission (FTC or Commission) offered its first elaboration upon this (...)

The EU General Court reduces a fine totaling over €30 million imposed in a cartel case (Pometon)
Van Bael & Bellis (Brussels)
On 28 March 2019, the General Court (“GC”) delivered a judgment on an appeal lodged by Pometon against the European Commission’s (“Commission”) decision in the Steel Abrasives cartel case (Case T-433/16, Pometon SA v. Commission). In April 2014, the Commission imposed fines totalling over € 30 (...)

The US District Court for the Northern District of Illinois receives a class action complaint against a pay-for-delay agreement (Abbvie)
Constantine Cannon (Washington)
Plaintiffs Targeting Biologic-Biosimilars Settlements with Pay-for-Delay Antitrust Claims* Antitrust principles that can invalidate certain pay-for-delay settlements will be expanding into the new frontier of biologic and biosimilar drugs if plaintiffs in several new suits are successful. (...)

The Danish Competition Authority fines several plumbing companies and three managers for bid-rigging (Christoffersen & Knudsen)
Danish Competition and Consumer Authority (Copenhagen)
Plumbing company and management members from several plumbing companies pay fines in settlements for bid rigging* The plumbing company Christoffersen & Knudsen A/S and three members from the management in this and two other plumbing companies have entered into settlements with the Danish (...)

The EU Commission accepts final commitments in a cross-border access to pay-TV case (Disney / NBC Universal / Sony Pictures / Warner Bros / Sky)
Van Bael & Bellis (Brussels)
According to a press release issued on 7 March 2019, the European Commission (“Commission”) has formally accepted the commitments offered by Disney, NBC Universal, Sony Pictures, Warner Bros. and Sky in Case 40.023, Cross-border access to pay-TV, under Article 9 of Regulation 1/2003. The (...)

The EU Commission fines car safety equipment suppliers € 368 million in cartel settlement for illegal information exchanges (Takata / Autoliv / TRW)
DG COMP (Brussels)
Antitrust: Commission fines car safety equipment suppliers € 368 million in cartel settlement* The European Commission has fined Autoliv and TRW a total of € 368 277 000 for breaching EU antitrust rules. Takata was not fined as it revealed the cartels to the Commission. The companies took part (...)

The Hellenic Competition Authority fines several construction companies for bid-rigging in the public works of infrastructure (Alpine Bau)
Hellenic Competition Authority (Athens)
Decision no.647/4.7.2017 of the Competition Commission on ex officio investigation into tenders concerning large projects of infrastructure for violation of Αrticles 1 of Law 703/77, 1 Law 3959/2011 and 101 TFEU, regarding the undertakings that have not been placed under the Settlement (...)

The German Competition Authority fines eight providers of magazine lending services for concluding customer allocation agreements (Daheim / Brabandt / Dörsch / Krumbeck / Medien- Palette / Die Hanse / Hettling’s LeseZirkel / Hettling)
German Competition Authority (Bonn)
Eight providers of magazine lending services fined on account of unlawful customer allocation agreements* The Bundeskartellamt has imposed fines amounting to approx. three million euros on eight magazine lending service providers. The companies are accused of having concluded illegal customer (...)

The EU General Court awards damages to an envelope producer due to the EU Commission’s failure to include default interest when repaying an annulled cartel fine (Printeos)
Court of First Instance of Namur (Namur)
On 12 February 2019, the EU General Court (“GC”) awarded € 184,592.95 in damages to envelopes producer Printeos in view of the European Commission’s failure to pay default interest when repaying a cartel fine which had previously been annulled by the GC. In 2014, following a settlement procedure, (...)

The Belgian Competition Authority adopts a settlement decision in a case concerning a practice of resale price maintenance (HM Products Benelux)
Belgian Competition Authority (Brussels)
The Investigation and Prosecution Service of the BCA adopts a settlement decision for imposing maximum discount levels on a network of dealers and imposes a fine amounting to 98.000 EUR* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) sanctions the company (...)

The EU Commission fines a credit card company for obstructing merchants’ access to cross-border card payment services (Mastercard II)
DG COMP (Brussels)
Antitrust: Commission fines Mastercard €570 million for obstructing merchants’ access to cross-border card payment services* The European Commission has fined the card scheme Mastercard €570 566 000 for limiting the possibility for merchants to benefit from better conditions offered by banks (...)

The UK Competition Authority provisionally finds that three drainage product manufacturers participated in a cartel (Stanton Bonna Concrete / CPM / FP McCann)
United Kingdom’s Competition Authority - CMA (London)
Two construction firms admit to illegal cartel* The CMA has provisionally found that 3 drainage product manufacturers broke competition law by co-ordinating prices for customers and sharing the market. Two of the businesses – Derbyshire-based Stanton Bonna Concrete Ltd and Somerset-based CPM (...)

The EU General Court rules that territorial exclusivity clauses in copyright licensing agreements raise competition concerns (Canal+)
Van Bael & Bellis (Brussels)
On 12 December 2018, the EU General Court (“GC” or “Court”) dismissed the application for annulment which Canal + SA (“Canal +”) had brought against a European Commission (“Commission”) decision that had made commitments offered by Paramount Pictures Ltd (“Paramount”) in the context of copyright (...)

The EU General Court annuls a decision of the Commission for wrongly qualifying agreements as "pay for delay" and improperly qualifying an abuse of dominance, thus reducing the fine imposed on a pharmaceutical company (Servier)
Dechert (Paris)
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Dechert (Paris)
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Dechert (Paris)
The General Court annuls in part the European Commission’s decision finding the existence of restrictive agreements and an abuse of a dominant position on the market for perindopril, a medicine used to treat hypertension and heart failure* On 12 December 2018, the General Court (“Court”) (...)

The EU General Court offers a mixed review of patent settlement agreements in the pharmaceutical sector (Servier)
Van Bael & Bellis (Brussels)
On 12 December 2018, the General Court (“GC”) once again passed judgment on a number of patent settlement agreements in the pharmaceutical sector. It had already reviewed such agreements in September 2016 when it upheld the decision of the European Commission (the “Commission”) in the Lundbeck (...)

The EU General Court holds that patent settlements may be deemed pay-for-delay agreements only if there are reverse payments, and the originator may not be held dominant if the market is not assessed rigorously (Servier)
Portolano Cavallo (Milan)
The Servier judgments: patent settlements may be deemed “pay-for-delay” agreements, and thus by-object infringements of Article 101 TFEU only if Commission substantiates strong indication of “reverse payment” or “abnormal inducement” from the originator to the generic; further, the originator cannot (...)

The Hellenic Competition Authority decides to settle a case against two press distribution agencies for participating in horizontal agreements and concerted practices (Argos / Europi)
Hellenic Competition Authority (Athens)
Settlement case in the market of distribution of Greek press* By its unanimous Decision No. 669/2018, the Grand Chamber of the Hellenic Competition Commission (“HCC”) decided to settle a case against two press distribution agencies in Greece, ARGOS SA Press Distribution Agency (“ARGOS”) and (...)

The Shanghai Intellectual Property Court determines whether there are protectable interests and concludes that the degree of damage suffered by the plaintiff is not enough to meet the need for relief through the anti-unfair competition law (Beijing iQIYI Technology / Beijing Sogou Information)
Beijing Foreign Studies University (Beijing)
The Anti-Unfair Competition Law of the People’s Republic of China stipulates seven types of unfair competition, namely, label confusion (Article 6), commercial bribery (Article 7), misleading statements (Article 8), infringement on trade secrets (Article 9), improper prize-winning sales (Article (...)

The Hellenic Competition Authority settles a case against two undertakings for concluding anticompetitive agreements in the market for the production and marketing of dairy products (FrieslandCampina Hellas / Mandrekas)
Hellenic Competition Authority (Athens)
Settlement of market segmentation case in the market for the production and marketing of dairy products* By its unanimous Decision No. 668/2018, the Grand Chamber of the Hellenic Competition Commission (HCC) decided to settle a case against two (2) companies in the market for the production (...)

The US DoJ announces that three South Korean companies in the market of oil refiners and logistics agreed to plead guilty and to enter into a civil settlement for bid-rigging (SK Energy / GS Caltex / Hanjin Transportation)
GeyerGorey (Washington)
DOD Bid Rigging Whistleblower and Related Antitrust Division Criminal Cases* Last week the Antitrust Division announced that three South Korean companies had agreed to plead guilty and to enter into civil settlements for rigging bids on United States Department of Defense Fuel Supply Contracts (...)

The US DoJ reaches settlement with six broadcast television companies and prohibits share of competitively sensitive information in the television spot advertising market (Sinclair Broadcast Group / Raycom Media / Tribune Media Company / Meredith Corporation / Griffin Communications / Dreamcatcher Broadcasting)
McDermott Will & Emery (Washington)
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Crowell & Moring (Washington)
THE LATEST: DOJ Reaches Settlement with Six Broadcast Television Companies* The Department of Justice (DOJ) and six broadcast television companies reached settlements last week after the DOJ claimed that the companies shared competitively sensitive information that allowed the parties to alter (...)

The French Competition Authority fines three companies for bid-rigging in the public lighting sector (Lapize de Sallée)
Autorité de la concurrence (Paris)
Public lighting in Ardèche* The Autorité de la concurrence has fined a company in Ardèche for entering into agreements with competitors to secure public procurement contracts Following an investigation by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) (...)

The Hungarian Competition Authority reduces fines of companies sanctioned for bid-rigging in the radiology IT products market (GE Hungary / Silver Woo)
Hungarian Competition Authority (Budapest)
Substantial reduction of fine thanks to cooperation of the parties* The Hungarian Competition Authority (Gazdasági Versenyhivatal, hereinafter GVH) found that GE Hungary Kft. and Silver Wood – IT Kft. had committed a competition law infringement in the course of purchasing the radiology IT (...)

The US FTC settles civil complaint regarding wage-fixing against a medical staffing agency (Your Therapy Source)
McDermott Will & Emery (Paris)
A recent settlement shows that the US Federal Trade Commission (FTC) will use its enforcement authority to target employer collusion in the labor market. What Happened The FTC brought a complaint against a medical staffing agency, Your Therapy Source, LLC, and the owner of a competing (...)

The French Competition Authority fines wholesale distributors of veterinary medicinal products and their professional association for anticompetitive practices (Alcyon / Coveto / Centravet)
Autorité de la concurrence (Paris)
Distribution of veterinary medicinal products* The Autorité de la concurrence fines wholesale distributors of veterinary medicinal products and their professional association nearly 16 million euros for anticompetitive practices The Autorité de la concurrence, which began proceedings ex officio (...)

The EU Commission fines eight producers of capacitors for cartel (Elna / Hitachi Chemical / Holy Stone / Matsuo / NEC Tokin / Nichicon / Nippon Chemi-Con / Rubycon)
DG COMP (Brussels)
Antitrust: Commission fines eight producers of capacitors €254 million for participating in cartel* The European Commission has fined Elna, Hitachi Chemical, Holy Stone, Matsuo, NEC Tokin, Nichicon, Nippon Chemi-Con, Rubycon € 253 935 000. Together with the immunity applicant, Sanyo, they (...)

The French Competition Authority fines an undertaking for implementing anticompetitive agreements in the tobacconist security provision sector (Sécurité Vol Feu)
Autorité de la concurrence (Paris)
Anticompetitive agreements in the tobacconist security provision sector in the Isère département* The Autorité de la concurrence fines the Sécurité Vol Feu company Following an investigation carried out by the General Directorate for Competition Policy, Consumer Affairs and Fraud Control (...)

The EU Commission fines maritime car carriers and car parts suppliers in three separate cartel cases (MOL / NYK / K Line / Wwl-Eukor / Csav) (Denso / Bosch / NGK) (TRW / Continental)
DG COMP (Brussels)
Antitrust: Commission fines maritime car carriers and car parts suppliers a total of €546 million in three separate cartel settlements* In three separate decisions, the European Commission has fined four maritime car carriers €395 million, two suppliers of spark plugs €76 million, and two (...)

The Danish Competition Authority fines a construction company for an exchange of information with a competitor in a bid-rigging case (Troels Jørgensen)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Construction company pays fine in settlement for bid rigging* On 11 January 2018, the contruction company Troels Jørgensen A/S entered into a settlement with a competitor for infringing section 6 of the Danish Competition Act. The company accepted to pay a fine of DKK 3,200,000 (€ (...)

The EU Court of Justice clarifies exhaustion of trademark principles and broadens the interpretation of economic links between trademark owners (Schweppes / Red Paralela)
Van Bael & Bellis (Brussels)
On 20 December 2017, the Court of Justice of the European Union (“ECJ”) handed down its judgment in Case C-291/16 Schweppes v Red Paralela and Others. The ECJ held that the owner of a trademark may not oppose the parallel importation of goods bearing an identical trademark but originating in (...)

The French Competition Authority fines a pharmaceutical laboratory €25 million for delaying entry into the market of the generic version of a drug and for hindering its development through disparagement campaigns (Janssen-cilag / Johnson & Johnson)
Franklin (Paris)
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McDermott Will & Emery (Paris)
THE FRENCH COMPETITION AUTHORITY FINES A PHARMACEUTICAL LABORATORY EUR 25 MILLION FOR ANTI-GENERIC PRACTICES* On 20 December 2017, the French Competition Authority (the FCA) imposed a EUR 25 million fine on a pharmaceutical laboratory, for delaying entry onto the market of the generic version (...)

The US Court of Appeals for the Ninth Circuit upholds dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement (Casacade Computer / RPX / Samsung)
McDermott Will & Emery (Washington)
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Crowell & Moring (Washington)
What Happened: Wading into the merging streams of antitrust and patents, the US Court of Appeals for the Ninth Circuit upheld dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement. Cascades Computer Innovation, LLC v. RPX Corp. and Samsung (...)

The US Court of Appeals for the Third Circuit affirms the District Court judgment for titanium dioxide purchaser on the grounds that the plaintiff lacked sufficient evidence to allege a conspiracy to fix prices (Valspar / DuPont)
McDermott Will & Emery (Washington)
What Happened: On October 2, 2017, the US Court of Appeals for the Third Circuit unsealed its opinion in Valspar Corp. v. E.I. Du Pont De Nemours & Co., No. 16-1345 2017 WL 4364317 (3d Cir. Sept. 14, 2017) in which the court affirmed the district court’s grant of summary judgment for (...)

The Hellenic Competition Authority fines undertakings active in the construction sector (AKTOR)
Hellenic Competition Authority (Athens)
Settlement Procedure - Infringement decision with fines addressed to undertakings active in the construction sector regarding infringements of Article 1 of the Greek Competition Act and Article 101 TFEU* The Hellenic Competition Commission (HCC), by unanimous decision, found that fifteen (15) (...)

The French Competition Authority fines several companies which have implemented exclusive import agreements (Materne / Sodibel)
Autorité de la concurrence (Paris)
Exclusive distribution of dessert products in La Réunion and Mayotte* The Autorité de la concurrence fines Materne and its wholesaler-importer for continuing to implement an exclusive import agreement after the “Lurel Act” came into force. The “Lurel Act” bans any exclusive import agreement The (...)

The US Court of Appeals for the Ninth Circuit affirms the dismissal of an antitrust counterclaim in a labor dispute (ICTSI Oregon / International Longshore and Warehouse Union / Pacific Maritime Association)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Dusseldorf)
On July 24, 2017, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of an antitrust counterclaim brought by ICTSI Oregon, Inc. (ICTSI), the operator of a marine shipping facility, against the International Longshore and Warehouse Union (ILWU) and the Pacific Maritime (...)

The EU Commission sends a statement of objection to a pharmaceutical company regarding a possible pay-for-delay agreement (Teva / Cephalon)
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Teva on ’pay for delay’ pharma agreement* The European Commission has informed pharmaceutical company Teva of its preliminary view that an agreement concluded with Cephalon was in breach of EU antitrust rules. Under the agreement, Teva (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct against two film producers and two digital cinema service providers (K Sera Sera Digital Cinema / Pen India)
Vaish Associates Advocates (New Delhi)
CCI closes case against the producers and presenters of ‘Kahaani-2’ with respect to alleged anticompetitive agreement* CCI vide its order dated June 21, 2017dismissed allegations of contravention of Section 3 and 4 of the Act against Pen India Ltd., Bound Script Motion Pictures Pvt. Ltd., UFO (...)

The EU Commission fines three producers of car lighting system for their involvement in a cartel (Automotive Lighting / Hella / Valeo)
DG COMP (Brussels)
Antitrust: Commission fines three car lighting system producers €27 million in cartel settlement* The European Commission has fined Automotive Lighting and Hella a total of €26 744 000 for participating in an automotive lighting cartel, in breach of EU antitrust rules. Valeo was not fined as it (...)

The US FTC reaches settlement agreement with a company on the challenged professional association rules due to restriction of competition among its organist and choral conductor members (AGO)
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
The two current commissioners of the Federal Trade Commission (FTC) approved a final order and consent agreement with the American Guild of Organists (AGO) after a public comment period of two months. The FTC alleged that the AGO violated Section 5 of the Federal Trade Commission Act by (...)

The EU Commission publishes its final report on the inquiry into the e-commerce sector
Dentons (Brussels)
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DLA Piper (London)
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DLA Piper (Amsterdam)
On 10 May 2017, DG Competition of the European Commission (the "Commission") published its final report on the inquiry into the e-commerce sector (launched in May 2015 as part of the Digital Single Market strategy). The findings in the report are based on information gathered from 1,900 (...)

The EU Commission publishes its final e-commerce sector inquiry report
Van Bael & Bellis (Brussels)
On 10 May 2017, the European Commission (“Commission”) published its final Report on the e-commerce sector inquiry (“the Report”), aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. The Report consists of two documents: (i) a 16-page (...)

The Bulgarian Competition Authority approves commitments by oil companies suspected of cartel activities (Lukoil Bulgaria / Eco Bulgaria / Shell Bulgaria / OMV Bulgaria / NIS PETROL)
Tsvetkova Bebov Komarevski (Sofia)
The Bulgarian Commission for Protection of Competition has approved commitments by oil companies suspected of cartel activities* On 28.03.2017, the Bulgarian Commission for Protection of Competition (the “Bulgarian Commission”) approved commitments by the leading Bulgarian oil companies Lukoil (...)

The EU Commission fines six suppliers of car air conditioning and engine cooling €155 million in cartel settlement (Behr / Calsonic / Denso / Panasonic / Sanden / Valeo)
DG COMP (Brussels)
Antitrust: Commission fines six car air conditioning and engine cooling suppliers € 155 million in cartel settlement* The European Commission has fined Behr, Calsonic, Denso, Panasonic, Sanden and Valeo a total of € 155 million for taking part in one or more of four cartels concerning supplies (...)

The Hellenic Competition Authority issues its first decision under the new simplified settlement procedure (NOTOS com Hondos)
Prentoulis Gerakini Law Partnership (Athens)
February 2017 marks the first decision of the Hellenic Competition Commission (HCC) under the terms of the new simplified Settlement Procedure. The case The HCC settled a case against eight companies of the HONDOS "group" (run by different family members) in the beauty and cosmetics market (...)

The Hellenic Competition Authority decides to settle a price-fixing case in the beauty and broader cosmetics sector (Hondos)
Hellenic Competition Authority (Athens)
Settlement of price-fixing case involving HONDOS in the beauty and broader cosmetics sector* By its unanimous Decision No. 636/2017, the Grand Chamber of the Hellenic Competition Commission (HCC) decided to settle a case against eight (8) companies controlled by HONDOS family members in the (...)

The EU Court of Justice confirms that the Commission has a considerable margin of discretion to revise a proposed fine upwards concerning companies that have withdrawn from a settlement procedure (Timab Industries)
United Kingdom’s Competition Authority - CMA (London)
The Court of Justice of the European Union (CJEU) Confirms the Commission’s Approach to Hybrid Settlements* The case follows on from the Commission’s Animal Feed Phosphates cartel decision pursuant to which fines totalling €176 million were imposed on a number of producers of animal feed for (...)

The U.S. FTC and DOJ publish revised antitrust guidelines for the licensing of intellectual property
Weil, Gotshal & Manges (New York)
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Weil, Gotshal & Manges (Washington)
FTC and DOJ finalize revised Antitrust Guidelines for the Licensing of Intellectual Property* On January 12, 2017 the DOJ and FTC jointly issued final updated Antitrust Guidelines for the Licensing of Intellectual Property (Updated IP Guidelines). Acting Assistant Attorney General Renata (...)

The UK Competition Authority fines suppliers of galvanized steel tanks for bid-rigging (Franklin Hodge / Balmoral Tanks / Galglass)
United Kingdom’s Competition Authority - CMA (London)
CMA fines water tank firms over £2.7 million* The CMA has today issued 2 decisions imposing fines on suppliers of galvanised steel tanks for breaching competition law. Galvanised steel tanks are used for water storage in larger buildings, such as schools, hospitals and other commercial and (...)

The EU General Court annuls a cartel settlement decision on appeal due to the Commission’s failure to sufficiently inform the undertakings on the fining methodology used (Printeos)
Van Bael & Bellis (Brussels)
Under the Commission’s cartel settlement procedure, an undertaking admitting liability to a cartel infringement and waiving certain procedural rights is rewarded with a 10% reduction in the fine. In the envelopes cartel case, the Commission fined five producers €19.4 million under the settlement (...)

The EU Commission fines rechargeable battery producers €166 million in cartel settlement (Sony / Panasonic / Sanyo)
DG COMP (Brussels)
Antitrust: Commission fines rechargeable battery producers €166 million in cartel settlement* The European Commission has fined Sony, Panasonic and Sanyo a total of €166 million. The companies and Samsung SDI coordinated prices and exchanged sensitive information on supplies of rechargeable (...)

The U.S. Court of Appeals for the Tenth Circuit holds that the invocation of intellectual property rights is a presumptively valid business justification sufficient to rebut a refusal to deal antitrust claim (Solidfx / Jeppesen Sanderson)
Cleary Gottlieb Steen & Hamilton (Rome)
Tenth Circuit holds IPRs defense available to rebut a refusal to deal antitrust claim* On 31 October 2016, the United States Court of Appeals for the Tenth Circuit (the “Court of Appeals”) held that the invocation of IPRs is a presumptively valid business justification sufficient to rebut a (...)

The US Federal Trade Commission issues report on patent assertion entities
Rutgers University (Camden)
On October 6, 2016, the Federal Trade Commission (FTC) issued its long-awaited report on patent assertion entities (PAEs). Sometimes called “patent trolls,” these actors have elicited fierce debate, with critics lamenting their ability to demand ransom money and hold up an industry while (...)

The US Court of Appeals for the Third Circuit offers misguided analysis of product hopping (Mayne / Warner Chilcott / Mylan)
Rutgers University (Camden)
On September 28, 2016, the U.S. Court of Appeals for the Third Circuit issued a misguided ruling granting defendants’ motion for summary judgment and ignoring the regulatory framework relevant to “product hopping,” by which a drug company switches from one version of a drug to another, sometimes (...)

The EU General Court confirms the EU Commission’s decision concerning its first pharma pay-for-delay case (Lundbeck)
DG COMP (Brussels)
Antitrust: Commission welcomes General Court judgments upholding its Lundbeck decision in first pharma pay-for-delay case Today the General Court upheld the Commission’s Lundbeck decision and ruled for the first time that pharma pay-for-delay agreements breach EU antitrust rules. In such (...)

The EU General Court confirms the Commission’s decision concerning its first pharma pay-for-delay case (Lundbeck)
University of East Anglia (Norwich)
General Court’s pay for delay judgment in Lundbeck – some guidance, but worries remain*On 8 September, the General Court handed down its eagerly awaited decision in Lundbeck – the first ever European judgment concerning so-called pay for delay settlements. The Commission’s decision in this case was (...)

The EU General Court upholds the EU Commission’s landmark patent settlement agreement decision (Lundbeck)
Sidley Austin (London)
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Willkie Farr & Gallagher (London)
EU General Court upholds Commission’s landmark Patent Settlement Agreement decision* In a much-anticipated series of judgments, running to some 579 pages, the EU’s General Court on 8 September 2016 upheld a 2013 decision of the European Commission that imposed fines of almost €150 million on the (...)

The EU General Court rules on the legitimacy of settlement agreements in the pharmaceutical sector (Lundbeck)
Peters & Peters (London)
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Peters & Peters (London)
Lundbeck - Buying off the competition* On 8 September 2016, the ECJ handed down its judgment in the latest battle between pharmaceutical companies and competition authorities over “pay for delay” agreements. The appeal of H Lundbeck A/S and Lundbeck Ltd (together “Lundbeck”) against the decision (...)

The EU General Court confirms fines imposed on an undertaking and generic drug manufacturers for entering into anticompetitive pay-for-delay agreements (Lundbeck)
United Kingdom’s Competition Authority - CMA (London)
GENERAL COURT OF THE EU CONFIRMS FINES IMPOSED ON LUNDBECK AND GENERIC DRUG MANUFACTURERS FOR ENTERING INTO PATENT SETTLEMENTS* On 8 September 2016, the General Court of the EU (GCEU) handed down five judgments upholding a decision by the Commission of 19 June 2013 imposing fines on Lundbeck, (...)

The EU General Court upholds the EU Commission’s fine of €150 million on undertakings for entering into reverse settlement agreements which delayed the entry of cheaper generic versions of a blockbuster antidepressant (Lundbeck)
Norton Rose Fulbright (Brussels)
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McDermott Will & Emery (Paris)
EU COURT CONFIRMS EUROPEAN COMMISSION’S DECISION ON PAY-FOR-DELAY AGREEMENTS* On 8 September 2016, the General Court of the European Union upheld the European Commission’s decision in which the antitrust regulator imposed fines of approximately EUR 150 million on Lundbeck and a number of generic (...)

The EU Commission accepts commitments on geo-blocking practices restricting passive sales of audio-visual content (Paramount)
Fieldfisher (London)
Territorial restrictions in media content licensing – lessons from the Paramount commitments decision* The European Commission’s battle against territorial restrictions in media content licences continues on a number of fronts. One of those is an investigation launched in January 2014 into (...)

The EU Commission accepts commitments that correct passive sales restrictions caused by geo-blocking of audio-visual content (Paramount)
Van Bael & Bellis (Brussels)
On 26 July 2016, the Commission made legally binding the commitments offered by Paramount Pictures (“Paramount”) as it considered that they adequately addressed its concerns regarding specific contractual clauses restricting passive sales. In July 2015, the Commission had expressed concerns that (...)

The Hungarian Competition Authority finds for the first time that mere negotiations concerning a draft consortium agreement can qualify as a hardcore cartel (Alcufer)
Baker McKenzie (Budapest)
On 26 July the Hungarian Competition Authority published its first ever cartel settlement decision which granted a 10% reduction from the fine to a settling party. The decision found that already the mere fact of negotiating with competitors a draft consortium agreement containing restrictive (...)

The Hellenic Competition Authority introduces settlement procedure for cartels
Hellenic Competition Authority (Athens)
HCC introduces settlement procedure for cartels* By its unanimous Decision No. 628/2016, the Hellenic Competition Commission (HCC) established the terms and conditions of the settlement procedure in cartel cases, according to the provisions of Articles 25a and 14 par 2 of the Greek Competition (...)

The UK Competition Authority fines online retailers for using automated repricing software to implement an illegal cartel (Trod / GB Posters)
United Kingdom’s Competition Authority - CMA (London)
Online seller admits breaking competition law* An online seller has agreed to accept a fine after admitting using automated repricing software to implement an illegal cartel. Trod Limited has admitted agreeing with one of its competing online sellers, GB eye Limited (trading as ‘GB Posters’), (...)

The German Competition Authority terminates antitrust proceedings against a toy manufacturer (Lego)
Heinz & Zagrosek (Köln)
No toying around - the FCO makes Lego change its discount system to better accommodate online sales.* The German Federal Cartel Office (“FCO”) terminated antitrust proceedings against toy manufacturer Lego on July 18, 2016, following Lego’s agreement to change its current rebate system. Lego will (...)

The EU Court of Justice rules that royalties for unpatented technology are not necessarily anticompetitive (Genentech)
McDermott Will & Emery (Paris)
EU COURT RULES THAT ROYALTIES FOR UNPATENTED TECHNOLOGY ARE NOT NECESSARILY ANTICOMPETITIVE* On 7 July 2016, the Court of Justice of the European Union (CJEU) handed down a judgment on whether Article 101 of the Treaty on the Functioning of the European Union (TFEU) must be interpreted as (...)

The EU Court of Justice rules that payment of royalties under a licence agreement where the patent was held invalid may be compatible with Article 101 TFEU (Genentech / Hoechst)
Van Bael & Bellis (Brussels)
On 7 July 2016, the Court of Justice of the European Union (the “ECJ”) issued its judgment on a request for a preliminary ruling from the Paris Court of Appeal, which had enquired whether Article 101 TFEU precludes a licensee from paying royalties pursuant to a licensing agreement when the patent (...)

The EU Court of Justice rules that payment of royalties under a licence agreement where the patent was held invalid may be compatible with Article 101 TFEU (Genentech / Hoechst)
Blackstone Chambers (London)
License fees, invalid patents and Article 101 TFEU: Genentech v Hoechst and Sanofi Aventis* Consider an agreement under which a license fee is payable for use of a patented technology even if it transpires that the patent is invalid. Is such an agreement contrary to Article 101 TFEU? The answer (...)

The French Competition Authority adopts a settlement decision concerning a case involving companies active in the distribution of consumer goods overseas (Henkel)
Autorité de la concurrence (Paris)
Exclusive distribution of consumer goods in overseas territories – Settlement* Within the framework of a settlement between all the parties, the Autorité de la concurrence fines Henkel and its wholesaler-importers in several overseas departments €600,000. In brief The Autorité de la concurrence (...)

The UK Court of Appeal overturns a UK Patents Court decision and allows competition law arguments in a FRAND dispute in relation to Standard Essential Patents (Unwired Planet / Huawei / Samsung / Ericsson)
Monckton Chambers (London)
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Monckton Chambers (London)
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Monckton Chambers (London)
Court of Appeal reinstates Samsung’s case on non-discrimination and FRAND*On Friday 27 May, the Court of Appeal handed down an important judgment on the interplay between competition law and the licensing of essential patents.This is part of a landmark patent infringement case where Unwired (...)

The Danish Competition Authority announces that three franchisees and one franchisor entered into a settlement for price fixing and market sharing (Lely Nordic)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: ”Franchise chain in Denmark pays fine in settlement for fixed selling prices and shared markets of supply with respect to milking robots”* In April 2016, the franchisor Lely Nordic A/S, three Danish franchisees and a person from the management in Lely Nordic A/S entered into a (...)

The Spanish Competition Authority fines the national radio broadcasting association for making collective recommendations to its members with anticompetitive effect (AERC)
European Commission (Brussels)
The CNMC fines the Spanish Commercial Radio Broadcasting Association (Asociación Española de Radiodifusión Comercial, AERC) 190,000 euros* Madrid, 21 April 2016. - The CNMC has fined the Spanish Commercial Radio Broadcasting Association (Asociación Española de Radiodifusión Comercial: AERC) for (...)

Advocate General Wathelet concludes that payment of royalties under a licence agreement where the patent was held invalid may be compatible with Article 101 TFEU (Genentech / Hoechst)
Van Bael & Bellis (Brussels)
On 17 March 2016, Advocate General Wathelet issued his opinion on a request for a preliminary ruling from the Paris Court of Appeal, which inquired as to whether Article 101 TFEU precludes a licensee from paying royalties pursuant to a licensing agreement when the patent, which is the subject (...)

The EU General Court confirms the Commission’s decision on immunity applications and attribution of liability (Deutsche Bahn / Schenker)
Blackstone Chambers (London)
The Freight-Forwarding Cartels in the General Court: Lessons on Leniency and Discretion*On 29 February 2016, the General Court handed down its judgments in Case T-265/12 Schenker Ltd v European Commission; Case T-267/12 Deutsche Bahn AG and others v European Commission, upholding the (...)

The US Court of Appeals for the First Circuit concludes that a reverse payment need not be in cash (Loestrin)
Crowell & Moring (New York)
First Circuit boosts antitrust challenges to pay-for-delay settlements by finding non-cash deals subject to Actavis scrutiny*Antitrust challenges to so-called “pay-for-delay” settlements—in which brand-name drug makers temporarily keep generics out of the market by making payments to would-be (...)

The US Court of Appeals for the First Circuit concludes that a reverse payment need not be in cash (Loestrin)
Rutgers University (Camden)
On February 22, 2016, in the second federal appellate drug patent settlement ruling since the Supreme Court’s decision in FTC v. Actavis, 133 S. Ct. 2223 (2013), the U.S. Court of Appeals for the First Circuit vacated a lower court decision granting a motion to dismiss for defendants. Writing (...)

The US FTC urges the Court of Appeals for the First Circuit to hold that a reverse payment need not be in cash (Loestrin)
DLA Piper Weiss-Tessbach (Vienna)
U.S. FTC urges the Appeals Court to revive the Loestrin Suit* On December 7, 2015, during oral argument, the U.S. FTC urged the Court of Appeals for the First Circuit to revive the Loestrin suit. The case concerns a so-called reverse payment settlement. In 2009 Watson Pharmaceuticals agreed (...)

The UK Competition Authority fines pharmaceutical companies for pay-for-delay deals (GlaxoSmithKline)
Constantine Cannon (London)
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Constantine Cannon (London)
UK Antitrust Watchdog slaps $65 million fine on Pharma Companies in UK’s first pay-for-delay case* On 12 February 2016, the Competition and Markets Authority (“CMA”), UK’s competition regulator, fined a number of pharma companies for anti-competitive conduct and agreements in relation to the supply (...)

The UK Competition Authority fines £45 million to several pharmaceutical companies for pay-for-delay settlements (GlaxoSmithKline)
United Kingdom’s Competition Authority - CMA (London)
CMA fines pharma companies £45 million* The CMA has fined a number of pharmaceutical companies for anti-competitive conduct and agreements in relation to the supply of paroxetine. The CMA’s decision relates to conduct and agreements between 2001 and 2004 in which GlaxoSmithKline plc (GSK), the (...)

The EU Commission fines €137 million car parts producers in a cartel settlement (Melco / Hitachi)
DG COMP (Brussels)
Antitrust: Commission fines car parts producers € 137 789 000 in cartel settlement* The European Commission has imposed fines of € 137 789 000 on Melco (Mitsubishi Electric) and Hitachi for participating in a cartel for alternators and starters with another firm, Denso, in breach of EU antitrust (...)

The Competition Commission of India finds prima facie case for abuse of dominance and anti-competitive terms in technology licensing agreement (Mahyco Monsanto Biotech)
Tata Institute of Social Sciences (Mumbai)
Background Reference from Ministry of Agriculture and separate complaint from Nuziveedu Seeds Ltd and certain other seed companies alleging abuse of dominant position and anti-competitive practices in Bt-cotton technology licensing process by Mahyco Monsanto Biotech (MMB) has led to this prima (...)

The Chinese NDRC and the Chongqing AIC take separate actions to punish cartel conduct and refusal to supply in the pharmaceutical industry (Allopurinol)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Both the NDRC and the Chongqing Administration for Industry and Commerce (Chongqing AIC) have recently taken enforcement action to address anticompetitive conduct involving allopurinol. Allopurinol tablets are a common treatment for gout (known as hyperuricemia), widely used in clinical (...)

The US District Court for the Southern District of New York dismisses a lawsuit over patent settlement where generics were granted early-entry licenses with acceleration clauses (Takeda Pharmaceuticals)
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
Better Early than Never: SDNY Dismisses Lawsuit over Patent Settlement where Generics were Granted Early-Entry Licenses with Acceleration Clauses* On September 22, Judge Ronnie Abrams of the Southern District of New York dismissed an antitrust lawsuit against Takeda Pharmaceuticals and three (...)

The South African Competition Authority fines two shipping companies for bid-rigging and exercises a considerable degree of discretion when choosing a strategy for imposing an administrative penalty (NYK / WWL)
Primerio Limited (Johannesburg)
Shipping Cartel: Recent approach to fining in SA* AAT previously reported (here and here) that the SACC had been investigating cartel behaviour which allegedly took place between multiple shipping liners who transported vehicles for various Original Equipment Manufacturers (“OEMs”). The (...)

The US FTC subjects to public comment the consent agreement proposed by two pharmaceutical companies that implemented an unlawful agreement not to compete (Concordia and Par)
US Federal Trade Commission (FTC) (Washington)
Pharmaceutical companies settle ftc charges of an illegal agreement not to compete, which resulted in higher prices for generic version of ADHD drug* Pharmaceutical companies Concordia Pharmaceuticals Inc. and Par Pharmaceutical, Inc. have settled FTC charges that they entered into an unlawful (...)

The Hellenic Competition Authority accepts commitments from petrol product suppliers regarding long term exclusive cooperation agreements with petrol stations (BP Hellas / Shell Hellas)
Ernst & Young (Athens)
By its decision No. 602/11.08.2015, the Hellenic Competition Commission (the “HCC”) unanimously accepted the commitments offered by nine (9) petrol product suppliers, to cease presumed violations of Art. 1 L. 703/77 and Art. 101 TFEU. This decision (the “HCC decision”), which was the first HCC case (...)

The EU Court of Justice receives an appeal from an undertaking part to a cartel settlement against the General Court judgment in the animal feed phosphates cartel case (Timab)
Sidley Austin (London)
Timab litigates settlement all the way to the CJEU* The European Commission (“Commission”) introduced its settlement procedure for cartel cases back in 2008. The main aims? To make life easier for the Commission and to keep cartel cases out of the overburdened EU Courts. But Timab – a party (...)

The EU Commission issues a statement of objection against companies offering pay-TV services for geographical market sharing (Disney / NBCUniversal / Paramount Pictures / Sony / Twentieth Century Fox / Warner Bros)
University of East Anglia (Norwich)
The European Commission’s Battle Over Pay-TV Services: Can Segmenting the EU Market Be Justified?* Yesterday the European Commission issued a Statement of Objections to Sky UK and six major US film studios, taking the preliminary view that restrictions put in place to prevent consumers located (...)

The UK Patents Courts considers Articles 101 and 102 TFEU in FRAND dispute relating to standard essential patents (Unwired Planet / Huawei / Samsung / Google / Ericsson)
European University Institute (Florence)
Give us a FRAND: Unwired Planet v Huawei & Samsung*On 29 January, Mr Justice Birss gave judgment in the second UK patent trial between Unwired Planet, Samsung and Huawei, holding that two of Unwired Planet’s patents are invalid for obviousness. The case concerns patents that were declared (...)

The US District Court for the Northern District of California upholds assignment of antitrust claims to indirect purchasers (United Food / Teikoku Pharma)
Patterson Belknap Webb & Tyler (New York)
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Patterson Belknap Webb & Tyler (New York)
Northern District of California Upholds Assignment of Antitrust Claims to Indirect Purchasers* Portions of a reverse payment suit against Endo Pharmaceuticals and others were recently dismissed by Judge William H. Orrick of the Northern District of California. The case [1] was brought by (...)

The EU Commission imposes fines on cargo train operators for participating in a cartel (Express Interfracht / Schenker)
DG COMP (Brussels)
Commission fines cargo train operators € 49 million for cartel* The European Commission has imposed fines of € 49 154 000 on Express Interfracht, part of the Austrian railway incumbent Österreichische Bundesbahnen ("ÖBB"), and Schenker, part of the German railway incumbent Deutsche Bahn ("DB"), (...)

The EU Commission fines cargo train operators in a cartel settlement (Express Interfracht / Schenker)
Constantine Cannon (London)
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Constantine Cannon (London)
European Commission Slams Cargo Train Operators With 49 Million Euro Fine In Cartel Settlement* The European Commission (“EC”) today imposed fines totalling 49,154,000 euros on Express Interfracht, part of the Austrian railway company Österreichische Bundesbahnen, and Schenker, a subsidiary of (...)

The EU Commission sends a statement of objections to a credit card company regarding its cross-border rules and inter-regional interchange fees (Mastercard II)
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to MasterCard on cross-border rules and inter-regional interchange fees* The European Commission today has sent a Statement of Objections to MasterCard. The Statement of Objections outlines the Commission’s preliminary view that MasterCard’s (...)

The US Court of Appeals for the Third Circuit concludes that the Actavis ruling applies to non-cash payments (Lamictal)
Rutgers University (Camden)
On June 26, 2015, in the first federal appellate drug patent settlement ruling since the Supreme Court’s decision in FTC v. Actavis, 133 S. Ct. 2223 (2013), the U.S. Court of Appeals for the Third Circuit overturned a lower court decision granting a motion to dismiss for defendants. Writing for (...)

A U.S. appellate panel questions whether reverse payments need to be in cash to put the patent settlement under the scrutiny of antitrust laws (GlaxoSmithKline)
DLA Piper Weiss-Tessbach (Vienna)
Reverse payments can be non-cash according to appellate judges* On 19 November 2014 in a hearing regarding the possible reopening of a lawsuit over whether GlaxoSmithKline (GSK) unfairly extended the monopoly on its drug Lamictal, an appellate panel of the Third Circuit suggested that reverse (...)

The US DoJ sues four hospitals for an anticompetitive agreement in South-Central Michigan (Hillsdale / Branch / ProMedica / Allegiance)
Crowell & Moring (New York)
Antitrust Enforcers Sue Four Hospitals For Carving Up South-Central Michigan* The Antitrust Division of the U.S. Department of Justice and the Michigan Attorney General’s Office are suing four Michigan hospital systems for allegedly engaging in antitrust violations by agreeing to refrain from (...)

The US Supreme Court reaffirms the rule precluding patent owners from collecting patent royalties on expired patents (Kimble / Marvel)
Constantine Cannon (Washington)
Supreme Court Cites Spiderman In Ruling Against Post-Expiration Patent Royalties* Spiderman swung through the halls of the U.S. Supreme Court yesterday as Justice Elena Kagan liberally relied on the comic book superhero in the Court’s decision in Kimble v. Marvel Enterprises, Inc., reaffirming (...)

The EU Commission fines a parking heaters producer for cartel in the context of a settlement (Eberspächer)
DG COMP (Brussels)
Commission fines parking heaters producer €68 million in cartel settlement* The European Commission found that two German producers of automotive parts, Eberspächer and Webasto, have breached EU antitrust rules prohibiting cartels and restrictive business practices. They coordinated prices and (...)

The Court of Appeal for the District of Columbia rejects a challenge to an FTC rule that makes the HSR Act reporting requirements cover pharmaceutical patent licenses that transfer all commercially significant rights (PhRMA)
Jones Day (Washington DC)
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Sheppard Mullin (Washington)
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Jones Day (Chicago)
The D.C. Circuit has rejected a challenge by the Pharmaceutical Research and Manufacturers of America ("PhRMA") to an FTC rule that makes the HSR Act reporting requirements cover pharmaceutical patent licenses that transfer "all commercially significant rights." The rule, adopted in 2013, (...)

The US FTC reaches a settlement with a pharmaceutical company and continues its march “to set a standard for the industry” in pay-for-delay settlement cases (Cephalon)
Sheppard Mullin (San Francisco)
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Sterlington
Federal Trade Commission Continues March “to Set a Standard for the Industry” with Cephalon Settlement* On May 28, the Federal Trade Commission (“FTC”) announced it had reached a $1.2 billion settlement with Teva Pharmaceuticals, which acquired Cephalon in 2012, over reverse payment for its (...)

The US FTC reaches a settlement with a pharmaceutical company in a reverse payment case (Cephalon)
Gibson Dunn (Washington)
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Wilson Sonsini Goodrich & Rosati (San Francisco)
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Debevoise & Plimpton (Washington, D.C.)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Federal Trade Commission (“FTC”) has reached a settlement resolving its claims that Cephalon, Inc. violated the antitrust laws by entering into reverse payment (...)

The US FTC reaches a record $1.2 billion proposed pay-for-delay settlement and injunctive relief restricting future similar settlements of patent infringement cases (Cephalon)
Weil, Gotshal & Manges (New York)
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Weil, Gotshal & Manges (New York)
Federal Trade Commission Reaches Record $1.2 Billion Proposed “Pay for Delay” Settlement with Cephalon and Injunctive Relief Restricting Future Similar Settlements of Patent Infringement Cases* Last week, on the eve of trial, the Federal Trade Commission (“FTC”) reached a proposed settlement in (...)

The US Court of Appeals for the Second Circuit addresses pharmaceutical “product hopping” in decision barring a producer from pulling older version of drug from shelves (Actavis)
Winston & Strawn (Washington)
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Winston & Strawn (Washington)
Few courts have addressed antitrust challenges to pharmaceutical “product hopping,” i.e., the practice of shifting customers from a drug nearing the end of its patent protection to a modified version that is covered by newer patents and thus is protected from generic competition for a longer (...)

The Finnish Competition and Consumer Authority and the Finnish Ministry of Employment and the Economy jointly explore potential need to develop national law regarding digital business and commerce
University of Helsinki
The Finnish Competition and Consumer Authority (FCCA) and the Finnish Ministry of Employment and the Economy (FMEE) have published a press release and a memo about launching a study on digital business and commerce from the standpoint of assessing whether the need exists to better adapt (...)

The Californian Supreme Court crafts a structured rule of reason test for evaluating pay-for-delay settlements (Cipro)
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
Following Actavis, California Supreme Court Crafts “Structured Rule of Reason” Test for Evaluating Pay-for-Delay Settlements* Last Thursday the Supreme Court of California decided In re Cipro Cases I & II, No. S198616 (Cal. May 7, 2015), holding that reverse payment, or “pay-for-delay,” (...)

The Californian Supreme Court delineates a structured rule of reason analysis for evaluating reverse payments or pay-for-delay settlements (Cipro)
Sheppard Mullin (San Francisco)
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Sterlington
California Supreme Court Delineates a Structured Rule of Reason Analysis for Evaluating Reverse Payment or Pay-for-Delay Settlements* On May 7, 2015, the California Supreme Court issued its long-awaited decision in In re Cipro Cases I & II, Case No. S198616 (May 7, 2015) (Cipro). Cipro (...)

The Danish Competition Authority concludes a settlement with a supplier of hardball-gear guilty of resale price maintenance (ActionSportGames)
Danish Competition and Consumer Authority (Copenhagen)
ActionSportGames pays fine in settlement for resale price maintenance* On April 30, 2015, ActionSportGames A/S, a Danish supplier of hardball-gear – an activity similar to paintball – entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime for (...)

The Danish Competition Authority concludes a settlement with a producer of trailers guilty of price resale maintenance (Variant)
Danish Competition and Consumer Authority (Copenhagen)
Variant A/S, Denmark, pays fine in settlement for resale price maintenance* On April 29, 2015, Variant A/S, a Danish producer of trailers, entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale (...)

The U.S. District Court for the Eastern District of Pennsylvania holds that a firm which has engaged in fraud on the patent office cannot stand on its patent to defend reverse payment antitrust claims (Cephalon)
Sheppard Mullin (San Francisco)
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Sheppard Mullin (Washington)
Last year in a landmark decision, the Supreme Court ruled that pharmaceutical “reverse payment” settlements in Hatch-Waxman Act “Paragraph 4” patent litigation are subject to challenge, departing from the rule that most Circuits had adopted. FTC v. Actavis, 133 S.Ct. 2223 (2013). In these cases, (...)

The US Circuit Court of Appeals for the Third Circuit annuls a district court’s order which certified a class of direct purchasers in a price-fixing suit in the blood reagents market (Ortho Clinical Diagnostics)
McDermott Will & Emery (Paris)
On Wednesday, April 8, 2015, the Third Circuit Court of Appeals vacated a district court’s order certifying a class of direct purchasers of blood reagents in a price-fixing suit against Ortho-Clinical Diagnostics Inc. In re Blood Reagents, case number 12-4067. Plaintiffs allege that (...)

The Chinese State Administration for Industry and Commerce publishes guidelines on application of the anti-monopoly law to intellectual property rights
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
After years of discussions, China’s State Administration for Industry and Commerce finally has released its guidelines on the application of the PRC Anti-Monopoly Law ("AML") to intellectual property rights ("Guidelines"). The Guidelines will come into force on August 1, 2015. The Guidelines (...)

The US Supreme Court hears arguments before the decision on whether post-expiration license royalty obligations are caught in the web of patent policies or antitrust analysis (Kimble / Marvel)
Constantine Cannon (Washington)
Supreme Court Seeks To Untangle Patent And Antitrust Principles Caught In Spider-Man’s Web* The Supreme Court heard oral argument today on whether litigation over a toy based on Spider-Man’s web should be used to vanquish a 50-year-old precedent precluding patent owners from collecting patent (...)

A U.S. District Court rejects an antitrust claim for lack of standing (Spinelli / NFL)
Patterson Belknap Webb & Tyler (New York)
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Patterson Belknap Webb & Tyler (New York)
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Patterson Belknap Webb & Tyler (New York)
Court Sacks Photographers’ Antitrust Claims Against the NFL and its Member Teams* Allegations of conspiracy to restrain trade and exclusive dealing may read like textbook antitrust claims, but if the allegations are made by a plaintiff who is not an “efficient enforcer” of the antitrust laws, the (...)

The UK Competition Authority fines an association of estate and lettings agents, three of its members, and a newspaper publisher for implementing an anticompetitive agreement following settlement proceedings (Castles / Hamptons International / Waterfords)
United Kingdom’s Competition Authority - CMA (London)
Companies fined over £775,000 in CMA investigation into advertising of agents’ fees* An association of estate and lettings agents in Hampshire, three of its members and a newspaper publisher have admitted breaching competition law and have agreed to pay penalties totalling over £775,000. The (...)

The US DOJ and the New York State Office of the Attorney General settle with tour bus operators, requiring them to pay $7.5 million for implementing barriers to entry (Coach / City Sights / Twin America)
Weil, Gotshal & Manges (New York)
NYC Sightseeing Companies Settle with Federal and State Authorities* On March 17, 2015, two New York City-based tour bus operators agreed to settle allegations that they conspired to monopolize New York’s hop-on, hop-off sightseeing market between 2009 and 2015. Coach USA Inc. (“Coach”), City (...)

The US Court of Appeals for the Ninth Circuit stresses the importance for Sherman Act litigants to support their claims of antitrust injury-in-fact with market facts (Netflix)
Siemens (New York)
,
Patterson Belknap Webb & Tyler (New York)
Ninth Circuit Affirms Dismissal of Netflix Antitrust Suit* Last Friday, the Ninth Circuit affirmed the dismissal of a multidistrict class action brought by Netflix subscribers who claimed the company conspired with Walmart to dominate the online DVD sales and rental markets. In 2005, Netflix (...)

The US FTC settles restrictive practices charges with trade associations after they agreed to implement changes and compliance programs (Psa / Plasma)
Weil, Gotshal & Manges (Washington)
In Settlement with FTC, Trade Associations Agree to Change Rules and Adopt Antitrust Compliance Programs* On March 3, 2015, the Federal Trade Commission (“FTC”) announced two separate final orders with trade associations, Professional Skaters Association, Inc. (“PSA”) and Professional Lighting and (...)

The Ontario Superior Court of Justice holds that information received by the Competition Authority at the proffer stage of its immunity and leniency programs is not protected from disclosure to other accused persons by settlement privilege (Nestlé Canada)
TSMC (San Francisco)
Proffers to Competition Bureau must be disclosed to accused, court says* Information received by the Competition Bureau at the proffer stage of its Immunity and Leniency Programs is not protected from disclosure to other accused persons by settlement privilege, the Ontario Superior Court of (...)

The US DoJ allows a standards association’s new patent policy for wi-fi standards, finding it potentially pro-competitive (IEEE)
Constantine Cannon (Washington)
Feds Green-Light Institute’s New Patent Policy For Wi-Fi Standards, Finding It Potentially Procompetitive* The Antitrust Division of the U.S. Department of Justice announced on Monday that it would not challenge recent revisions to the Patent Policy of the Institute of Electrical and (...)

The US District Court for the Eastern District of Pennsylvania holds the practice of a pharmaceutical company that does not require plaintiffs to meet any “threshold burden” in establishing a large reverse payment as unjustified in triggering analysis under antitrust rules of reason (Cephalon)
Labaton Sucharow (New York)
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Arnold & Porter Kaye Scholer (Washington)
In re Modafinil Litigation Finds No “Threshold Burden” in Reverse Payment Suit* On Wednesday, January 28, in King Drug Company of Florence, Inc. v. Cephalon, Inc. (In re Modafinil), the US District Court for the Eastern District of Pennsylvania held that FTC v. Actavis, 133 S. Ct. 2223 (2013), (...)

The US District Court for the Eastern District of Pennsylvania sends a second reverse-payment case to trial (Cephalon)
Rutgers University (Camden)
On January 28, 2015, Judge Mitchell Goldberg of the U.S. District Court for the Eastern District of Pennsylvania denied defendants’ summary judgment motions, sending the second reverse-payment-settlement case to trial. In King Drug Company of Florence v. Cephalon, 2015 WL 356913 (E.D. Pa. Jan. (...)

The US Supreme Court redefines the standard of appellate review for claim construction (Teva)
White & Case (Palo Alto)
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White & Case (Palo Alto)
On January 20, 2015, the United States Supreme Court redefined the standard of appellate review for claim construction. In Teva Pharm. USA, Inc. v. Sandoz, Inc., the Supreme Court vacated well-established Federal Circuit precedent that applied de novo review to all aspects of claim (...)

The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) releases a draft “Template for Intellectual Property Policies in Industry Standardization Organizations”
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) has released a draft “Template for Intellectual Property Policies in Industry Standardization Organizations” (the Draft Template), seeking public comments by January 30. The Draft Template (...)

The French Competition Authority fines several manufacturers of home and personal care products for having implemented concerted practices (Colgate-Palmolive / Henkel / Reckitt Benckiser)
Autorité de la concurrence (Paris)
The Autorité de la concurrence fines concerted practices between manufacturers a total of 345,2 € millions and 605,9 € millions on each market concerned* The Autorité de la concurrence issues today a decision whereby it fines home care and personal care manufacturers for having implemented (...)

The US Court of Appeals for the Federal Circuit decides on the reasonableness of licensing royalty for standard-essential patents (Ericsson / D-Link)
Constantine Cannon (Washington)
Reasonableness Of Licensing Royalties Is On Trial As Courts And Standard-Setting Organizations Wrestle With Standard-Essential Patents* The ongoing battle over what constitutes a “reasonable” licensing royalty for standard-essential patents has now been joined by the U.S. Court of Appeals for (...)

The Austrian Cartel Court upholds request by the Competition Authority and fines a dairy producer for resale price maintenance (NÖM)
European Commission (Brussels)
Settlement with Dairy Producer* On 26 November 2014, the Cartel Court (29 Kt 60/14) imposed a fine of € 583.200 on NÖM AG, a major Austrian dairy producer for anticompetitive behaviour related to RPM with food retailers regarding certain dairy products between 2007 and 2012. The decision was (...)

The US District Court for the Southern District of New York approves a settlement that comprises three different scenarios in a cartel case in the e-books sector (Apple e-books)
DLA Piper Weiss-Tessbach (Vienna)
Apple e-books settlement gets final court approval* On 21 November 2014 US District Judge Denise Cote gave her final approval to a settlement of the Apple e-book class action. The class action against Apple arose from allegations that Apple and five publishers conspired on the publishing (...)

The Advocate General Wathelet renders his opinion and provides a fresh perspective on FRAND licenses (Huawei / ZTE)
Dentons (Brussels)
The long-awaited Opinion delivered by Advocate General Wathelet on 20 November 2014 in the dispute opposing Huawei and ZTE (Case C-170/13) sheds a new and bright light on the legal landscape for injunctions in SEP-FRAND licensing contexts, provided the Court of Justice follows the Advocate (...)

The French Competition Authority imposes fines on three removal companies for having presented cover quotes to distort competition in the military personnel relocation removals market (AGS Martinique / Mobilitas)
Autorité de la concurrence (Paris)
The Autorité de la concurrence fines three removal companies for having colluded in presenting cover quotes* The Autorité de la concurrence has issued a decision in which it fines three removal companies for having presented cover quotes in order to distort competition in the military personnel (...)

The French Competition Authority allows a subsidiary to opt for a national settlement procedure even though its parent company challenges the charges of a cartel (AGS Martinique / Mobilitas)
Frieh Associés (Paris)
In a decision issued on November 18th, 2014 , the French competition authority (hereafter the "FCA") fined three removal companies for having colluded in presenting cover quotes in the military personnel removal sector in Martinique. National regulatory provisions set a competitive process for (...)

The Canadian Competition Authority reaches settlements for $5 million and behavioral remedies with water heater companies found guilty of implementing anticompetitive return policies (Reliance Comfort / Direct Energy)
TSMC (San Francisco)
Reliance scalded by $5 million penalty* Hot water heater rental supplier Reliance Comfort Limited Partnership has agreed to pay a $5 million fine and to change policies that made it difficult for customers to switch to a competitor, in a settlement reached with the Commissioner of Competition (...)

The US FTC settles charges of indirect price-fixing (Blue Rhino / AmeriGas)
Weil, Gotshal & Manges (New York)
Blue Rhino and AmeriGas Agree to Settle FTC Claims of Propane Tank Price-Fixing* On October 31, 2014, the Federal Trade Commission (“FTC” ) agreed to a settlement with Blue Rhino and AmeriGas Cylinder Exchange, the two leading suppliers of propane exchange tanks, regarding FTC charges that the (...)

The UK Competition Appeal Tribunal quashes a decision of the Competition Authority to accept commitments for failing to inform itself about the possible impact on price transparency of an obvious restriction on disclosure of price information in the online booking sector (Skyscanner)
Ashurst (Milan)
UK Court quashes decision accepting the commitments by OTAs and hotel chain in the online booking sector* Last 26 September, following an appeal by meta-search site Skyscanner, the UK Competition Appeal Tribunal (“CAT”) quashed the decision of the Office of Fair Trading (the “OFT”) to accept (...)

The US DoJ secures a second plea deal with a member of the international shipping cartel for roll-on, roll-off cargo (Kawasaki Kisen Kaisha)
McDermott Will & Emery (Washington)
On September 26, 2014 Japanese transportation company Kawasaki Kisen Kaisha Ltd. (K-Line) agreed to plead guilty to price fixing, bid rigging and allocating customers for international ocean shipping services for “roll-on, roll-off” cargo. K-Line will be fined $67.7 million. Roll-on, roll-off (...)

The EU Court of Justice provides further clarity on when an agreement has the object of restricting competition (Groupement des Cartes Bancaires)
St John’s Chambers (Bristol)
Restrictions by object: duck and elephant hunting with the Court of Justice* Inductive reasoning is sometimes explained by using either the ‘duck test’ (“if it looks like a duck, swims like a duck and quacks like a duck, then it probably is a duck”) or the ‘elephant test’ (“it is difficult to (...)

The EU Court of Justice invites to rethink the approach to pay-for-delay settlements in its case law (Groupement des Cartes Bancaires)
University of East Anglia (Norwich)
European Pharmaceutical Antitrust after Groupment des Cartes Bancaires – Time to Rethink the Approach to Pay For Delay Settlements?* Over the last year the European Commission has stepped up its enforcement efforts against pay for delay settlements. In June 2013 they imposed a fine for the (...)

The US FTC files a complaint before the District Court for the Eastern District of Pennsylvania asserting that reverse payments do not have to be cash or money in order to violate antitrust laws (AbbVie)
Constantine Cannon (New York)
Regulators Prescribing Higher Dose Of Pharmaceutical Antitrust Enforcement* Antitrust enforcers returned to their offices after Labor Day, refreshed and ready to tackle what they view to be anticompetitive practices by pharmaceutical companies to delay entry of lower-priced generic drugs. In (...)

The Canadian Competition Tribunal holds that third parties cannot challenge the merits of competition settlements (Kobo)
Cassels Brock (Toronto)
Third parties cannot challenge merits of competition settlements* Third parties cannot challenge underlying facts Third parties cannot challenge the factual basis underpinning settlements between the Commissioner of Competition and targets of inquiries under the Competition Act, the (...)

The US FTC files a complaint against five pharmaceutical companies for pay-for-delay settlements (AbbVie)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On September 8, 2014, the Federal Trade Commission (FTC) filed a federal antitrust complaint in the United States District Court for the Eastern District of Pennsylvania against defendants AbbVie, Abbott Laboratories, Unimed Pharmaceuticals, Besins Healthcare and Teva Pharmaceuticals alleging (...)

The US District Court for the District of Rhode Island issues concerning ruling on drug patent settlements (Loestrin)
Rutgers University (Camden)
On September 4, 2014, Judge William Smith of the U.S. District Court for the District of Rhode Island issued a concerning ruling on drug patent settlements. In In re Loestrin 24 FE Antitrust Litigation, 2014 WL 4368924 (D.R.I., Sept. 4, 2014), Judge Smith misapplied the Supreme Court’s landmark (...)

The Indian Competition Commission pertains for the first time to the concept of ‘aftermarkets’ and discusses the interface between IPRs and competition law (Honda / Volkswagen / Fiat)
Indian Competition Commission (New Delhi)
CCI Order on Car Manufacturers for Anti-Competitive Conduct* Facts: Information was filed under Section 19(1)(a) of the Competition Act, 2002 (“Act”) initially against 3 car manufacturers alleging anti-competitive practices on part of the opposite parties (“OPs”). OP1 to OP3 were involved in the (...)

The Competition Commission of India fines 14 automobile manufacturers for implementing anticompetitive and unilateral practices on the automobile spare parts and repair market (Shamsher Kataria / Honda Siel)
Jindal Global University (Sonipat)
In the month of August, China fined 12 Japanese auto parts makers a total of over US$200 million for price fixing, the maximum amount imposed for violating the anti-monopoly law thus far. The National Development and Reform Commission (NDRC) stated that the companies were found to have (...)

The US District Court for the Northern District of California finds that an athletics association’s rules restricting payments to student-athletes violate antitrust laws (O’Bannon / NCAA)
Rutgers University (Camden)
On August 8, 2014, in O’Bannon v. National Collegiate Athletic Association (NCAA), Judge Claudia Wilken of the U.S. District Court for the Northern District of California found that the NCAA violated the antitrust laws by enacting rules that prevented student-athletes from being paid for the use (...)

The US District Court for the Northern District of California holds that NCAA restrictions on college players exploiting and receiving licensing revenue from the use of their names, images and likenesses violate antitrust law (O’Bannon / NCAA)
Constantine Cannon (New York)
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Constantine Cannon (New York)
NCAA’s Loss In O’Bannon Trial May Be Only A Partial Victory For Competition* Although competition scored a win on Friday in the student athletes’ antitrust suit led by former UCLA basketball player Ed O’Bannon against the NCAA, it wasn’t a complete blowout. Judge Claudia Wilken of the U.S. (...)

The US District Court for the Northern District of California rejects the $324.5 million settlement in a class action following the DOJ civil lawsuit for a per se violation (High-tech wage collusion)
GeyerGorey (Washington)
The Unusual Hi-Tech Hiring Collusion Case: Judge Rejects Proposed Settlement; DOJ Brought Civil “Per Se” Cases* Last Friday Judge Lucy H. Koh issued an unusual ruling in a somewhat unusual case. The ruling was unusual in that the court rejected a proposed settlement in the hi-tech wage (...)

The US FTC settles charges of invitation to collude of two UPC resellers (InstantUPCCOdes.com / Nationwide Barcode / 680 Digital)
Sheppard Mullin (New York)
Two UPC Resellers Settle FTC Invitation to Collude Investigation* On July 28, 2014, the Federal Trade Commission accepted, subject to final approval, settlements with InstantUPCCodes.com (“Instant”) and Nationwide Barcode (“Nationwide”), two of the leading barcode resellers, and their principals, (...)

The US FTC settles charges of two Internet resellers of UPC barcodes used by retailers for violation of the FTC Act by inviting competitors to collude to raise prices for barcodes sold over the Internet (InstantUPCCOdes.com / Nationwide Barcode / 680 Digital)
Steve Szentesi Law Corporation (Vancouver)
Scanner Emergency in Aisle Five: US FTC Settles Bar Code Seller Invitation to Collude Case* In an interesting case that caught my eye yesterday and today, the U.S. Federal Trade Commission (FTC) has proposed a settlement in a case involving allegations that an online bar code re-seller engaged (...)

The EU Court of Justice answers a request for a preliminary ruling about use of trademarks to prevent the importation of spare parts (Honda)
Van Bael & Bellis (Brussels)
On 17 July 2014, the Court of Justice of the European Union (“ECJ”) answered a request for a preliminary ruling from a Greek Court (Monomeles Protodikeio Athinon) inquiring as to whether the use by Honda Giken Kogyo Kabushiki Kaisha (“Honda”) of its trademarks to prevent the importation of Honda (...)

The EU Commission imposes a fine of € 427.7 million on a French pharma manufacturer and five generic companies for pay-for-delay settlements impeding price competition on the market for blood pressure medicines (Servier)
University of East Anglia (Norwich)
The EU Commission Decision against Servier – a New Dimension to European Pharmaceutical Antitrust?* On 9 July 2014 the European Commission announced its decision to impose a fine of €427.7 million on French drug maker Servier and five generic companies in relation to so-called ‘pay for delay’ (...)

The EU Commission imposes €32 million fines in the canned mushrooms cartel (Lutèce / Prochamp / Bonduelle)
Ramón y Cajal (Madrid)
The infringement The European Commission ("Commission") sanctions three producers of canned mushrooms, Lutèce, Prochamp and Bonduelle, for participating in a cartel and imposes fines amounting to €32.2 million. The cartelists exchanged confidential information on tenders, set minimum prices, (...)

The US District Court for the Eastern District of Pennsylvania dismisses allegations of hub-and-spoke conspiracy against 5 pharmaceutical companies in the market for narcolepsy drugs (Apotex / Cephalon)
McDermott Will & Emery (Washington)
On Monday, June 23, 2014, a Federal Judge in the Eastern District of Pennsylvania granted summary judgment for five pharmaceutical companies on horizontal conspiracy claims brought by Apotex Inc. and direct purchaser and end payor plaintiffs regarding the popular narcolepsy drug Provigil. (...)

The US District Court for the Eastern District of Pennsylvania reaffirms that under the Capper-Volstead Act farmers may cooperate to collectively market their products, though the output limitation obtained by concerted action remains precluded by the Sherman Act (In Re Processed Egg Products Antitrust Litigation)
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (San Francisco)
Of Characterization and Common Sense: Court Holds That Erroneous Interpretation of Allegations of Complaint Doom Counterclaim to Bottom of Chicken Coop* In In Re Processed Egg Products Antitrust Litigation, No. 2:08-Md.-02002-GP (E.D. Pa., June 10, 2014), the plaintiffs alleged that they (...)

The South African Competition Tribunal asks for submission on reasons for approving the cartel settlement and expresses doubts as regards the low level of fining (Premier Fishing)
Nortons (Sandton)
Appellate competition body questions authority’s lenient fine* Tribunal expresses doubts as to lenient fining level of Premier Fishing The chairman of the South African Competition Tribunal, Takalani Madima, has asked the South African Competition Commission and Premier Fishing for ‘detailed (...)

The Australian Competition Authority announces the commencement of proceedings in the Federal Court concerning an attempt to build a cartel affecting the availability of eggs on the retail market (AECL)
Steve Szentesi Law Corporation (Vancouver)
Antitrust & Associations: Two Association Related Output Restriction Cases – One Settling (Doctors), the Other Starting Up (Eggs)* On my media sweep earlier, two interesting trade association cases caught my eye, both including allegations of “output restriction” or “boycott” type activities. (...)

The Irish High Court files a settlement accepted by a medical association not to engage in boycotts or collective withdrawal of services (IMO)
Irish Competition Authority (Dublin)
Competition Authority secures High Court undertakings from the Irish Medical Organisation* The Irish Medical Organisation (IMO) has today provided undertakings to the High Court (i) not to organise or recommend the collective withdrawal of services or boycotts by its members and (ii) to advise (...)

The Irish High Court receives an agreement containing undertakings of a medical association not to engage in anticompetitive behavior (IMO)
Steve Szentesi Law Corporation (Vancouver)
Antitrust & Associations: Two Association Related Output Restriction Cases – One Settling (Doctors), the Other Starting Up (Eggs)* On my media sweep earlier, two interesting trade association cases caught my eye, both including allegations of “output restriction” or “boycott” type activities. (...)

The Australian Competition and Consumer Authority issues a draft determination proposing to allow royalty managers for plant breeders to collectively negotiate with the grain buyers (Seedvise)
Australian Competition and Consumer Commission (Canberra)
ACCC proposes to authorise plant breeders’ collective bargaining arrangements* The Australian Competition and Consumer Commission has issued a draft determination proposing to allow royalty managers for plant breeders to collectively negotiate with the grain buyers they engage to collect (...)

The Australian Federal Court orders by consent payment of penalties for involvement in cartel conduct in relation to the price of bearings (Nachi / Koyo)
Australian Competition and Consumer Commission (Canberra)
$3 million penalty for bearings cartel conduct* The Federal Court has today ordered by consent that NSK Australia Pty Ltd (NSK Australia) pay total penalties of $3 million for its involvement in cartel conduct in relation to the price of bearings in Australia, in proceedings brought by the (...)

The US FTC apprises that it continues to maintain an active antitrust enforcement focus on trade association activity
Sheppard Mullin (New York)
FTC Targeting Trade Associations?* On May 1, the Federal Trade Commission issued a press release concerning the antitrust risks involved in trade association activity and cautioned such groups that the Commission continues to maintain an active antitrust enforcement focus on trade association (...)

The Canadian Competition Tribunal suspends a settlement between the Competition Authority and e-book publishers related to a price MFN clause (Kobo)
Cassels Brock (Toronto)
The Ebooks Saga: Kobo’s challenge explained* Ebook retailer Kobo is challenging a settlement entered into by the Competition Bureau with ebook publishers. The settlement has been stayed pending this challenge. Kobo’s challenge may have major implications for competition law enforcement in (...)

The US FTC appeals the US District Court for the District of New Jersey decision that a “no authorized generic” agreement cannot be an antitrust violation (King Drug / SmithKlineBeecham)
McDermott Will & Emery (Paris)
On May 2, 2014, the Federal Trade Commission (FTC) filed an amicus brief with the U.S. Court of Appeals for the Third Circuit requesting that the court reverse the district court’s decision in Lamictal Direct Purchaser Antitrust Litigation, finding that a “no authorized generic” agreement between (...)

The US FTC files an amicus brief before the Court of Appeals explaining that commitment not to compete raises the same antitrust concerns as the reverse-payment patent settlements (King Drug / SmithKlineBeecham)
DLA Piper Weiss-Tessbach (Vienna)
U.S. FTC files an amicus brief in the Court of Appeal urging to reverse the District Court finding in the Lamictal Direct Purchase Antitrust Litigation* On 28 April, 2014 the Federal Trade Commission (“FTC”) filed an amicus brief in the Court of Appeals for the Third Circuit in the (...)

The Finnish Competition Authority releases a report concerning the lack of uniformity among authorities in licensing and supervision practices
Finnish Competition and Consumer Authority (Helsinki)
FCCA: Lack of uniformity in licensing and supervision practices hurt the ability of companies to operate on the market* The lack of uniformity among authorities in licensing and supervision practices make it more difficult for companies to enter the field and expand their operations, according (...)

The Lithuanian Competition Authority reopens an investigation into agreements within the cash handling market (G4S / DNB / SEB / Swedbank)
Lithuanian Competition Authority (Vilnius)
Competition Council reopens investigation into agreements within cash handling market* On April 22, the Competition Council (the KT) reopened the investigation into agreements within cash handling market. It was suspected that the mentioned agreements had failed to comply with the requirements (...)

The Australian Competition Authority receives court-enforceable undertakings from a kitchenware company concerning the discontinuation of its resale price maintenance and a compliance program (KitchenAid)
Australian Competition and Consumer Commission (Canberra)
KitchenAid distributor undertakes not to induce retailers on minimum prices* Peter McInnes Pty Ltd (Peter McInnes), an importer and wholesaler of kitchenware products including KitchenAid stand mixers, has acknowledged concerns from the Australian Competition and Consumer Commission that it (...)

The US District Court for the Northern District of California grants class certification and gives its preliminary approval for a partial class action settlement of a lawsuit on the allegation of conspiracy to hold down salaries in Silicon Valley (High-Tech employees)
Bona Law (San Diego)
The Antitrust Laws Encourage Stealing* That’s right, the antitrust laws care so much about competition that they even prohibit agreements among competitors to not steal. In a society that morally condemns stealing, this is counter-intuitive (and a good reason to learn a little bit about (...)

The US FTC orders two professional associations to amend their codes of ethics to eliminate the anticompetitive restrictions imposed by each of them on their members (CALSPro / MTNA)
Steve Szentesi Law Corporation (Vancouver)
U.S. FTC Finalizes Settlements in Association Code of Ethics Cases* As an update to two association cases that I blogged about last December (see: here), this past Friday the U.S. Federal Trade Commission (FTC) announced that it had approved settlements with two professional associations for (...)

The EU Commission announces the adoption of a revised technology transfer block exemption regulation and new accompanying guidelines
United Kingdom’s Competition Authority - CMA (London)
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Norton Rose Fulbright (London)
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Norton Rose Fulbright (London)
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction The European Commission has recently announced its adoption of a revised Technology Transfer Block Exemption Regulation and new accompanying (...)

The EU Commission issues new rules for assessing technology licensing agreements under Article 101 TFEU
Jones Day (Brussels)
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Jones Day (Brussels)
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Jones Day (Brussels)
European Union Adopts New Rules for Technology Licensing Agreements* The European Union has a new regime for assessing technology licensing agreements under EU competition law. The new rules include a new technology transfer block exemption regulation (“TTBER”), which exempts certain bilateral (...)

The EU Commission adopts revised competition regime for technology transfer agreements
European Commission (Brussels)
European Commission adopts revised Competition Regime for Technology Transfer Agreements* The European Commission (Commission) adopted in March 2014 new competition rules for assessing technology transfer agreements, through which a licensor permits a licensee to exploit patents, know- how (...)

The US District Court for the District of Minnesota dismisses a putative antitrust class action saying the plaintiff’s allegations were barred by the statute of limitation (Graco)
McDermott Will & Emery (Paris)
ANTITRUST CLASS ACTION AGAINST GRACO INC. DISMISSED * On March 11, 2014, Judge Ann Montgomery of the District of Minnesota dismissed a putative antitrust class action against Graco Inc. and its distributors that accused Graco of buying two of its closest competitors in the spray foam equipment (...)

The Danish Competition Authority enters into settlements with five owners of driving schools in a cartel case (Thingaards / Henriks / Kronborgs / Dan’s / Kirkegårdsarbejde)
DLA Piper (Copenhagen)
On 28 February 2014, the Danish Competition and Consumer Authority (“DCCA”) announced in a press release that the owners of five driving schools had entered into a settlement with the Public Prosecutor for Serious Economic and International Crime (“PSEIC”) for infringing section 6 of the Danish (...)

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

The Danish Competition Authority accepts new commitments in relation to a joint sales agreement between football clubs in the top Danish league (Superliga)
DLA Piper (Copenhagen)
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TDC Group (Copenhague)
On 26 February 2014 the Danish Competition Council (“DCC”) accepted revised commitments offered by the Association of Danish League Clubs (“ADLC”) regarding the joint sale of media rights to the premier Danish football leagues. The new commitments allow for a longer rights period (6 years), but (...)

The UK Competition Authority accepts commitments from online travel agents enabling them and hotels to offer discounts on rates for hotel rooms (IHG / Expedia / Booking.com)
Ashurst (Milan)
UK Office of Fair Trading closes investigation into hotel online booking practices On 31 January 2014, the UK Office of Fair Trading (“OFT”) accepted the commitments from online travel agents, Booking.com B.V. (“Booking.com”, and its ultimate parent company priceline.com Incorporated) and Expedia (...)

The EU Commission initiates a formal investigation into potentially anti-competitive restrictions in pay-TV licensing arrangements
Blackstone Chambers (London)
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Murphy, round 2: does exclusive territorial licensing of pay-TV breach EU competition law?* According to a report in the Financial Times on 24 November 2013, the (...)

The New Zealand Competition Authority releases data on interchange and credit card settlements
New Zealand Commerce Commission (Wellington)
Commerce Commission releases data on interchange and credit card settlements* The Commission today released its ‘Evaluation of the 2009 interchange and credit card settlements’. This paper outlines the agreement the Commission reached with banks and financial institutions in relation to the (...)

The Danish Competition Authority accepts commitments concerning information exchange that might facilitate anti-competitive practices in the construction sector (Danish Construction Association)
Danish Competition and Consumer Authority (Copenhagen)
Competition Council accepts commitments from The Danish Construction Association regarding exchange of information agreement* On 18 December 2013 the Danish Competition Council (DCC) accepted commitments from the Danish Construction Association regarding concerns that an exchange of (...)

The US District Court for the Eastern District of New York approves the proposed class action settlement of the antitrust suit over swipe fees (Visa / MasterCard)
Manatt, Phelps & Phillips LLP (Los Angeles)
Swipe Fee Settlement Yields More Litigation* Although the parties reached a $7.25 billion class action settlement of the antitrust suit brought by merchants against Visa and MasterCard over swipe fees, the case is far from over. The protracted legal battle centers on allegations by (...)

The EU Commission imposes fines totaling €16 million on pharmaceutical companies for delaying market entry of generic pain-killer (Johnson & Johnson / Novartis)
European Commission (Brussels)
European Commission imposes Fines of € 16 000 000 on Johnson & Johnson and Novartis for delaying Market Entry of generic Pain-Killer Fentanyl* On 10 December 2013, the European Commission imposed fines of € 10 798 000 on the US pharmaceutical company Johnson & Johnson (J&J) and € 5 (...)

The EU Commission publishes its fourth report on the monitoring of patent settlements in Europe
White & Case (Brussels)
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White & Case (Brussels)
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Executive Summary On 9 December 2013, DG Comp published its fourth report on the monitoring in Europe of patent settlements. Like its predecessors, the report (...)

The US DoJ reaches plea agreement with Japanese auto parts maker for its role in alleged price-fixing and bid-rigging in the automotive parts industry (Takata)
McDermott Will & Emery (New York)
On October 10, 2013, Takata Corp. (Takata), a Japanese auto parts maker, agreed to pay a $71.3 million as part of a plea agreement for its role in an alleged conspiracy to fix prices on seat belts sold to car manufacturers. In addition, Takata agreed that the Chairman-CEO, Shigehisa Takada, (...)

The Canadian Competition Bureau announces new regulatory intervention efforts into the regulation of pharmacists in Alberta
Steve Szentesi Law Corporation (Vancouver)
Competition Bureau Announces First New Advocacy Initiative: Self-regulated Professions (Pharmacist Inducements in Alberta): Patient Care v. Competitive Markets* On September 10th, the Canadian Competition Bureau announced a public consultation for suggestions where it should intervene in (...)

The U.S. District Court for the Northern District of California denies the motions to dismiss the plaintiff’s amended complaint against the "anti-troll" group organizing a boycott of android related patents (Cascades Computer Innovation / RPX)
Orrick, Herrington & Sutcliffe (San Francisco)
“Anti-Patent Troll” Fails to Secure Dismissal of Amended Antitrust Complaint* Back in January, I covered the case of Cascades Computer Innovation LLC v. RPX Corp., 2013 U.S. Dist. LEXIS 10526 (N.D. Cal. Jan. 24, 2013), where Judge Yvonne Gonzalez Rogers dismissed – with leave to amend – Cascades’ (...)

The Spanish Competition Authority fines media company and football clubs for breaching a resolution on the acquisition of broadcasting rights for football competitions (Mediapro / Real Madrid / FC Barcelona / Sevilla / Racing de Santander)
European Commission (Brussels)
Spain: The Comisión Nacional de los Mercados y la Competencia fines Mediapro and four Football Clubs € 15 000 000* On 2 December 2013, the Council of the National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia or CNMC) imposed fines amounting to € 15 (...)

The EU Commission is set to open an investigation that could outlaw exclusive territorial models of pay-TV licensing
Blackstone Chambers (London)
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Murphy, round 2: does exclusive territorial licensing of pay-TV breach EU competition law?* According to a report in the Financial Times on 24 November 2013, the (...)

The Danish Competition and Consumer Authority enters into a settlement with a clothing company in a resale price maintenance case (Vila)
DLA Piper (Copenhagen)
On 31 October 2013, the clothing company Vila A/S (“Vila”) and two persons from the management entered into a settlement with the Danish Competition and Consumer Authority (“DCCA”) for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on some of its dealers. (...)

The Danish Competition and Consumer Authority settles fines with a fashion brand company for resale price maintenance (Vila)
Danish Competition and Consumer Authority (Copenhagen)
Vila pays fine in settlement for resale price maintenance* On October 30, 2013, Vila entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance to some of the company’s dealers. (...)

The Australian Federal Court imposes fines of $2 million on the participants in a bearings cartel (Koyo)
Australian Competition and Consumer Commission (Canberra)
$2 million penalty for bearings cartel* The Federal Court has made orders by consent against Koyo Australia Pty Ltd ordering it to pay penalties of $2 million following action by the Australian Competition and Consumer Commission. The Court found that in 2008 and 2009, Koyo Australia made and (...)

The German Competition Authority concludes cartel proceedings against manufacturers of household porcelain by imposing fines (Porzellanfabrik Christian Seltmann / KAHLA-Thüringen Porzellan)
German Competition Authority (Bonn)
Bundeskartellamt concludes cartel proceedings against manufacturers of household porcelain* Bonn, 17 October 2013: The Bundeskartellamt has today imposed fines totaling just under 900,000 euros on the companies Porzellanfabrik Christian Seltmann GmbH and KAHLA/Thüringen Porzellan GmbH, the (...)

The Austrian Cartel Court imposes fines for resale price maintenance between producers and supermarkets (Emmi, Ried)
European Commission (Brussels)
Austria : Cartel Court imposes Fines for Resale Price Maintenance* The Cartel Court (the Court) adopted two decisions imposing fines for breach of Article 101 TFEU and of § 1 of the Austrian Cartel Act 2005 by Resale Price Maintenance (RPM) between producers and supermarkets. In the first (...)

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 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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University of Liège
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 UK Competition Authority alleges that two pharmaceutical companies have concluded a pay-for-delay agreement (Actavis / Concordia)
United Kingdom’s Competition Authority - CMA (London)
CMA alleges anti-competitive agreements for hydrocortisone tablets* The CMA today alleged that Concordia and Actavis signed illegal agreements which enabled high prices for a life-saving drug to be prolonged. The Competition and Markets Authority (CMA) alleges that between January 2013 and (...)

The Spanish Competition Authority fines two IP rights collecting societies for abuse of dominance (AGEDI / AIE RADIO)
European Commission (Brussels)
CNMC fines two intellectual property rights collecting societies* The Spanish Competition Authority, CNMC (National Commission for Markets and Competition), sanctioned two intellectual property rights collecting societies for abusing their dominant position on the management of intellectual (...)

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 US District Court for the District of Massachusetts rejects a request for a new trial to challenge a pay-for-delay agreement (Nexium)
Wolters Kluwer (Riverwoods)
Judgment for Drug Companies Unlikely the End of the Road in Nexium Case* The federal district court in Boston has rejected a request from purchasers of AstraZeneca LP’s heartburn medication Nexium for a new trial to challenge a “reverse payment” or “pay-for-delay” agreement between AstraZeneca and (...)

The US District Court for the District of New Jersey notes that even if a Court accepts the premise of a reverse non-monetary payment, plaintiffs may allege facts to allow an estimate of the monetary value of that settlement or risk facing dismissal (Lipitor)
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
Plausibly Alleging Non-monetary Settlements as Reverse Payments After Actavis* In In re Lipitor Antitrust Litigation, No. 12 Civ. 2389 (D.N.J.), U.S. District Judge Peter G. Sheridan has confirmed his prior ruling that under the Supreme Court’s decisions in Twombly, Iqbal, and FTC v. Actavis, (...)

Dominance

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 in relation to a blockbuster multiple sclerosis medicine (Teva)
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 a commitment to reduce the price of six cancer medicines by 73% in 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 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 Canadian Competition Authority fines an engineering firm $3.2 million for bid-rigging on municipal infrastructure contracts (CIMA+)
Canadian Competition Bureau (Gatineau)
CIMA+ to pay $3.2 million in latest Québec bid-rigging settlement* Competition Bureau investigation has led to more than $12M in payments by six colluding firms Engineering firm CIMA+ has been ordered to pay $3.2 million over the next four years for bid-rigging on municipal infrastructure (...)

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)
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Orrick, Herrington & Sutcliffe (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 states that the fee structure for music played at festivals adopted by collecting societies 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 EU Court of Justice rules that the fee structure for music played at festivals adopted by a Belgian collecting society is not abusive (SABAM)
Van Bael & Bellis (Brussels)
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 / W.W, WCD)
University Paris Saclay
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University Paris Saclay
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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 Auditors encourages the Commission to tighten the screws on ‘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 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 German Federal Court of Justice rules on burden of proof for showing exhaustion of trade mark 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 Competition Authority’s decision ordering a search engine to negotiate with news agencies and press publishers (Google)
Ashurst (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 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 favor of an electronic 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 in a licence dispute between a software and a telecommunication 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 strikes down sweeping injunction against semiconductor company and reins in expansive interpretation of Sherman Act (Qualcomm)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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 (London)
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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 US Court of Appeals for the Ninth Circuit overturns a ruling finding that a semiconductor company’s licensing practice abused dominant position (Qualcomm)
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
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Hogan Lovells (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 Slovak Competition Authority initiates administrative proceedings in the matter of a possible abuse of a dominant position in carrying out 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 Advocate General Pitruzzella guides on the method for calculating royalties that may lead to an abuse of dominance of a Belgian collecting society (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 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 EU Commission starts a market test on the proposed commitments offered by a pharmaceutical company to address the Commission’s concerns over excessive pricing for a range of off-patent cancer medicines (Aspen)
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 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 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 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 telecommunication 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 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)
Hausfeld (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 research engine suspected to abuse of its dominance by infringing the law relating to neighbouring rights (Google)
Autorité de la concurrence (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)
ELIG Gürkaynak Attorneys-at-Law (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 Californian Attorney General announces a $575 million settlement with the largest hospital system in Northern California (Sutter)
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
CALIFORNIA ATTORNEY GENERAL ANNOUNCES HISTORIC $575 MILLION SETTLEMENT OF ANTITRUST SUIT AGAINST SUTTER HEALTH * California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (...)

The Munich District Court issues an anti-suit injunction in patent litigation preventing an automotive company from further pursuing proceedings in the US (Nokia)
McDermott Will & Emery (Dusseldorf)
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McDermott Will & Emery (Dusseldorf)
On July 11 2019, the Munich I District Court (Landgericht) issued an anti-suit injunction in patent litigation, preventing an automotive company from further pursuing proceedings in the United States. The Munich decision might become a landmark case because German courts have historically not (...)

The EU Commission opens an investigation against a designer of integrated circuits for wired communication devices and sends a Statement of Objections seeking to impose interim measures in TV and modem chipsets markets (Broadcom)
DG COMP (Brussels)
The European Commission has opened a formal antitrust investigation to assess whether Broadcom may be restricting competition through exclusivity practices, in breach of EU rules. The Commission intends to impose interim measures during the investigation with regard to TV and modem chipsets (...)

The Brazilian Competition Authority enters into a settlement agreement with a major refining company for the sale of oil refineries (Petrobras)
Mattos Filho Veiga Filho Marrey Jr & Quiroga (New York)
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Rio de Janeiro)
During a hearing held on June 11, 2019, the Administrative Council for Economic Defense (CADE) entered into a Settlement Agreement with Petrobras for the sale of eight oil refineries and associated infrastructure. The agreement was approved by the majority of CADE’s Commissioners and has in (...)

The Spanish Competition Authority fines a company for abuse of dominant position in the management and exploitation of intellectual property rights of authors and publishers of musical and audiovisual works (SGAE)
Callol, Coca & Asociados (Madrid)
The NMCC has fined the Spanish Society of Authors, Composers and Publishers (SGAE) €2.95 million for abusing its dominant position in the management and exploitation of intellectual property rights of authors and publishers of musical and audiovisual works (Articles 2 SCA and 102 TFEU). The (...)

The Spanish Competition Authority fines a collecting company for abuse of dominant position in the management and exploitation of IP rights (SGAE)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
The CNMC has fined SGAE (“Sociedad General de Autores y Editores”) with EUR 2.95 million for abusing its dominant position in the market of management and exploitation of musical and audio-visual intellectual property rights. The CNMC investigation started in 2017, following several complaints. (...)

The Czech Republic Supreme Court confirms that invoking trademark rights to prevent parallel imports can be an abuse of dominant position (Fiskars / Mountfield)
Skils (Prague)
On 29 May 2019, the Supreme Court (SC) partially granted an extraordinary appealed lodged by Mountfield against the previous judgment of the High Court in Prague of 23 May 2017 (Ref.No. 3 Cmo 132/2016) in a dispute with Fiskars concerning an alleged violation of Firskars’ rights to trademarks (...)

The Antwerp Enterprise Court refers request for a preliminary ruling to the EU Court of Justice in excessive pricing case between festival organisers (SABAM / BVBA / Wecandance)
Van Bael & Bellis (Brussels)
On 10 May 2019, the Antwerp Enterprise Court (the “Court”) referred a request for a preliminary ruling to the Court of Justice of the European Union (the “ECJ”) in two separate cases between Belgian festival organisers Weareone. World BVBA (the organisers of Tomorrowland) and Wecandance NV (the (...)

The Brussels Court of Appeal asks the EU Commission to provide advice and information regarding the tariffs for concerts and music festivals of a copyright collecting society (SABAM)
Simmons & Simmons (Brussels)
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Simmons & Simmons (Brussels)
On 10 May 2019, by interim judgment, the Brussels Court of Appeal asked the European Commission to provide advice and information regarding the tariffs for concerts and music festivals of SABAM – the Belgian copyright collecting society – in light of the prohibition to abuse a dominant position (...)

The Danish Competition Authority reaches a decision regarding abuse of dominant position that leads to a huge damages settlement (Falck / BIOS)
Szecskay Attorneys at Law (Budapest)
HUGE DAMAGES SETTLEMENT FOLLOWING LANDMARK ABUSE OF DOMINANCE DECISION On January 30 2019, the Danish Competition Council (the “DCC”) found that ambulance services provider, Falck, had abused its dominant position under Article 102 TFEU. The DCC held that following a failed tender bid to the (...)

The German Competition Authority fines a bicycle purchasing cooperative for resale price maintenance (ZEG)
Van Bael & Bellis (Brussels)
According to a press release dated 29 January 2019, the German Federal Cartel Office (“FCO”) has fined bicycle cooperative Zweirad-Einkaufs-Genossenschaft (“ZEG”) and its representatives a total of € 13.4 million for retail price maintenance. ZEG sells bicycles to its members under its own brands, (...)

The Belgian Competition Authority fines a distributor of infrared cabins for resale price maintenance (HM Products Benelux)
Van Bael & Bellis (Brussels)
On 24 January 2019, the Investigation and Prosecution Service of the Belgian Competition Authority (the “BCA”) imposed a € 98,000 fine on HM Products Benelux (“HM”) for engaging in resale price maintenance (“RPM”). HM imports and distributes infrared cabins of the HealthMate brand in the Benelux. The (...)

The US DoJ settles a lawsuit regarding a hospital system anti-steering provisions againts health plans (Charlotte-Mecklenburg Hospital Authority)
Sheppard Mullin (Century City)
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Sheppard Mullin (San Francisco)
U.S. Department of Justice Settles Anti-Steering Suit Against Hospital System; First Such Settlement After Amex SCOTUS Decision* On November 15, 2018, the Antitrust Division of the U.S. Department of Justice settled a two-and-a-half year long lawsuit against Atrium Health, a North Carolina (...)

The US DoJ reaches a settlement with a healthcare system related to provisions in a contract between the health system and commercial insurers (Charlotte Mecklenburg Hospital Authority)
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Chicago)
THE LATEST: DOJ Announces Settlement with Carolinas Health System (Atrium Health) After Two Years of Litigation* The Department of Justice (DOJ) announced last week that it and the State of North Carolina have reached a settlement with Carolinas Healthcare System / Atrium Health relating to (...)

The US Northern District Court of California requires the holder of a standard-essential patent for cellular communication to license it to all those willing to pay a fair, reasonable and non-discriminatory rate (Qualcomm)
Crowell & Moring (Washington)
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McDermott Will & Emery (Washington)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. FTC Secures Partial Victory Requiring SEP Holder to License to All Comers in Antitrust Case* Summary Recently, a federal district court in California granted (...)

The UK Court of Appeal upholds a decision qualifying an essential patent offer to be FRAND (Unwired Planet / Huawei)
Jindal Global University (Sonipat)
UK COURT OF APPEAL UPHOLDS FRAND INJUNCTION* Last week, the UK Court of Appeal upheld the findings of the High Court in an important case regarding standard essential patents (SEPs). Of particular significance, the Court of Appeal upheld the finding that the defendant, an implementer of SEPs, (...)

The Italian Competition Authority fines the Italian Authors’ and Publishers’ Association for abuse of dominant position (SIAE)
Van Bael & Bellis (Brussels)
On 25 September 2018, the Italian Competition Authority (the “ICA”) imposed a symbolic fine of € 1,000 on the Italian Authors’ and Publishers’ Association (the “SIAE”) for abusing its dominant position. The SIAE is a collective management organisation under Directive 2014/26/EU on collective (...)

The EU Commission fines a multinational technology company for abuse of dominant position in the smartphone operating system sector (Google Android)
Baker McKenzie (London)
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Baker McKenzie (Brussels)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 18 July 2018 the European Commission imposed a record fine of €4.34 billion on Google. In such an innovative and competitive industry, a decision and fine on (...)

The US District Court of California uses an economic approach to determine frand loyalty rates (TCL / Ericsson)
CRA International (Oakland)
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CRA International (San Francisco)
On November 8, 2017, Judge James Selna of the US District Court in the Central District of California issued a decision (published later on December 21st) in TCL v. Ericsson determining fair, reasonable, and non-discriminatory (FRAND) royalty rates for Ericsson’s standard essential patent (SEP) (...)

The US District Court sets out FRAND rates for licensing standard-essential patents for 2G, 3G and 4G wireless communications (TCL / Ericsson)
Cleary Gottlieb Steen & Hamilton (London)
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Latham & Watkins (London)
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Cleary Gottlieb Steen & Hamilton (New York)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On December 21, 2017, the District Court for the Central District of California issued TCL v. Ericsson, resolving a long-standing dispute between the parties (...)

The Italian Competition Authority imposes FRAND licensing to a local newspaper in a paradigm for the essential facility doctrine applied to copyrights (Società Iniziative Editoriali)
Portolano Cavallo (Milan)
On 20 December 2017, the Italian Competition Authority (or “ICA”) issued a rare infringement decision in an abuse of dominance investigation against the publisher of a local daily newspaper (“SIE”), which refused to deal with a player (the “complainant” or “Euregio”) in the downstream local market for (...)

The French Competition Authority fines pharmaceutical laboratories for preventing and restricting the development of generic drugs (Janssen-Cilag / Johnson & Johnson)
Van Bael & Bellis (Brussels)
On 20 December 2017, the French Competition Authority (“FCA”) imposed a fine of € 25 million on Janssen-Cilag laboratory and its parent company Johnson & Johnson for preventing and then restricting the development of a generic version of its analgesic Durogesic (the “Decision”). Ratiopharm, now (...)

The Italian Competition Authority applies the doctrine of essential facilities to a refusal to grant a copyright licence (Società Iniziative Editoriali)
Giannino SI (Monserrato)
Applying the doctrine of essential facilities to IP assets in the SIE case (decision no. 26312 of 21 December 2016, Case A503 Società Iniziative Editoriali/Servizi di rassegna stampa della Provincia di Trento- SIE), the Italian Competition Authority (ICA) found that a publisher infringed (...)

The EU Commission publishes a communication on Standard Essential Patents
Van Bael & Bellis (Brussels)
On 29 November 2017, the European Commission published a communication titled “Setting out the EU approach to Standard Essential Patents” (the “Communication”) in which it seeks to offer guidance and recommendations in relation to the licensing, valuation and enforcement of Standard Essential (...)

The EU Court of Justice delivers a ruling on excessive pricing in a case involving a copyright management association (AKKA / LAA)
Boğaziçi University (Istanbul)
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ACTECON (Istanbul)
Introduction The question of excessive pricing as an abusive practice has been notoriously complex and competition authorities refrain from interfering in such cases normally. One of the main reasons for non-intervention of the competition authorities in such cases is the difficulty in (...)

The EU Court of Justice AG Mengozzi takes a new look at the exhaustion of trademark rights and seems prepared to accept the erosion of such rights (Schweppes)
Van Bael & Bellis (Brussels)
On 12 September 2017, Advocate General Mengozzi (“AG”) delivered an opinion in the Schweppes case in the context of a request for a preliminary ruling to the Court of Justice of the European Union (“ECJ”) from a Spanish Court. In particular, the AG proposed to develop the case-law on the exhaustion (...)

The EU Court of Justice accepts an alternative to the United Brands test to establish excessive pricing (AKKA / LAA)
Giannino SI (Monserrato)
On replying to the preliminary questions referred by the Supreme Court of Latvia (SCL), in AKKA v LAA the CJEU has accepted a methodology other than the two-limb United Brands test to establish an excessive pricing practice. The CJEU also clarifies the criteria to set the amount of the fine (...)

The US District Court Southern District of California receives a claim from a smartphone manufacturer against one of its suppliers over allegedly abusive wireless patents (Apple / Qualcomm)
DLA Piper Weiss-Tessbach (Vienna)
Apple and Qualcomm proceeding* In January 2017 Apple filed suit against Qualcomm over its allegedly abusive licensing practices regarding wireless patents. Apple filed patent, antitrust and breach of contract claims against Qualcomm; this could result in damages of billions of dollars. (...)

The Paris Court of Appeal rejects the request against the Competition Authority’s decision regarding practices implemented on the electricity and gas market (ENGIE)
TotalEnergies (Paris)
The settlement procedure in France The major change is that parties willing to conclude a settlement procedure will be informed of the minimum and maximum fine that may be imposed (and not of a percentage of reduction relating an amount of sanction which is not yet known). The disclosure (...)

The Spanish Competition Authority closes proceedings through a commitments decision against a tonic water company in a case related to restrictions of parallel trade (Schweppes)
Callol, Coca & Asociados (Madrid)
The NMCC has closed with commitments an investigation against Schweppes, S.A. related to restrictions of parallel trade. The Coca-Cola group and Orangina Schweppes Holding B.V. (OSHBV) share the ownership of the Schweppes trademark in the EU. Coca-Co