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.
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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 (...)
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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 (...)
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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 (...)
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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 (...)
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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 (...)
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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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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 (...)
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In February 2021, the European Commission’s (“Commission”) long-running excessive pricing case against Aspen was brought to a close, with Aspen accepting a series of forward-looking pricing and supply commitments, but avoiding any fines or requirements to repay all of the higher prices charged (...)
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For those following the headlines in the pharmaceutical sector, you will be well aware that the competition authorities in Europe are aggressively prosecuting companies for practices that restrict entry by generic suppliers. Headline cases in the last year include the European Commission’s (...)
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2015 Competition Case Law Digest - A Synthesis of EU and National Leading Cases
This second edition of the Digest is enriched with a selection of more than 50 essays on European competition case law from the 27 European Union Member States, EU law, and US law. Each essay (...)
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