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General Court leaves door ajar for pharma companies in the Servier-case

On 12 December 2018, the General Court partly annulled the Commission's decision to fine drug manufacturer and originator company Servier and five generic companies in a reverse payment patent settlement case.

General Court dismisses Canal+ appeal against pay-TV commitment decision

The General Court recently dismissed the appeal brought by Canal+ against the decision of the European Commission making the commitments of Paramount legally binding.

Partial fine reduction for Deutsche Telekom and Slovak Telekom for abuse of dominance

The General Court recently clarified that to establish a margin squeeze in the case of positive margins, the Commission needs to prove the exclusionary effects of the dominant company's pricing practices.

Industrial plastic-bag makers lose out on EUR 800,000 at European Court of Justice

Companies awaiting the outcome of appeal proceedings should carefully consider whether to pay the imposed fine by bank guarantee or direct payment.

Guess what, online branding restrictions are on the Commission's radar

Companies are probably aware of the Commission's eagerness to clamp down on online resale price maintenance and geo-blocking restrictions. The recent fine for vertical restraints by clothing company Guess marks a new dot on the Commission's radar.

Brush up and avoid dawn raid drama - the clock is ticking

There is no time like the present for companies to give their staff an opportunity to brush up on their responsibilities so they know what to do during dawn raids.

Pharmaceutical companies beware: excessive pricing enforcement is thriving

On 28 November 2018, the Organization for Economic Cooperation and Development (OECD) held a discussion on excessive pricing by pharmaceutical companies, which is a hot topic in enforcement practice throughout Europe.

Franchise argument in laundry cartel does not wash with Dutch court

Companies participating in a franchise agreement are advised to carefully assess possible competition law concerns, particularly if the franchisees are (potential) competitors.

Consumers and Sustainability: 2020 competition enforcement buzzwords

The ACM will include the effects of mergers on labour conditions in its review. It will also investigate excessive pricing of prescription drugs.

CDC/Kemira: Amsterdam Court of Appeal applies European principle of effectiveness to limitation periods

In a private enforcement case brought by CDC against Kemira, the Amsterdam Court of Appeal applies the European principle of effectiveness and rules that claims are not time-barred under Spanish, Finnish and Swedish law.

Den Bosch Court of Appeal revives damages claims in Dutch prestressing steel litigation

On 28 January 2020, the Court of Appeal of Den Bosch issued a ruling in the Dutch prestressing steel litigation.

No full judicial review of each document seized during dawn raid

Companies should keep a careful record of which documents the Belgian Competition Authorities seize during a dawn raid.

The ACM may cast the net wide in cartel investigations

Companies beware: the ACM may not need to specify the scope of its investigation into suspected cartel infringements in as much detail as expected.

Pay-for-delay: brightened lines between object and effect restrictions

In its first pay-for-delay case, the ECJ has clarified the criteria determining whether settlement agreements between a patent holder of a pharmaceutical product and a generic manufacturer may have as their object or effect to restrict EU competition law.

Court of Appeal in the Netherlands decides to appoint independent economic experts in TenneT v ABB

On 20 July 2018, the Court of Appeal of Gelderland published another interim judgment in the ongoing proceedings between TenneT, the grid operator in the Netherlands, and ABB in relation to the gas insulated switchgear (GIS) infringement.

District Court in the Netherlands rules on limitation periods in CRT case

On 27 June 2018, the District Court of East-Brabant ruled on the limitation periods of a damages claim brought by Vestel in relation to the alleged cathode ray tubes (CRT) cartel.

European Commission issues a new Best Practices Code for State aid control

On 16 July 2018, the European Commission adopted a new Best Practices Code for State aid control. With this code the Commission aims to provide clarity to Member States, businesses and stakeholders about the day-to-day conduct of State aid procedures.

General Court dismisses appeals by investor against power cable cartel fine

On 12 July 2018, the General Court dismissed the appeals against the fines imposed by the European Commission in the power cable cartel.

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