Van Bael & Bellis (Brussels)

Michael Clancy

Van Bael & Bellis (Brussels)
Lawyer (of Counsel)

Michael Clancy is Counsel at Van Bael & Bellis (Brussels) practicing in the area of EU competition law. Mr. Clancy advises clients on all aspects of competition law, including antitrust and cartel investigations, distribution, R&D collaborations, patent and trademark licensing and other commercial arrangements, the clearance of mergers and joint ventures, and issues related to abuse of dominant position. He has particular experience advising clients in highly regulated industries such as Life Sciences (pharmaceuticals, biotech, and medical devices) and Software & Technology. Beyond competition law, Mr. Clancy also has significant experience assisting clients on commercial and corporate matters in countries throughout Europe, the Middle East, and Africa.

Distinctions

Auteurs associés

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

Articles

7498 Bulletin

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

409

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

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

434

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

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

198

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

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

440

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

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

221

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

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

220

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

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

147

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

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

161

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

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

377

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

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

190

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

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

585

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

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

864

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

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

412

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

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

431

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

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

322

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

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