Antitrust

Dominant pharma companies had better watch their words and use the patent system wisely. Pharma company Teva was fined EUR 462.6 million for disparagement and ‘divisional gaming’ to delay market entry and hinder the uptake of a competing drug.

The EU case cooperation mechanism does not create any rights for companies to have their case dealt with by a particular competition authority. Companies should therefore factor the dynamics of this cooperation mechanism into their defence strategies.

Dutch investment screening is rapidly expanding: since June, the proposal for a separate defence regime has been published and the intended expansion of the regime of the Vifo Act to include AI and biotech has been announced. Reason for a quick update!

The EU General Court confirms that Qualcomm’s below-cost pricing strategy designed to eliminate competition was predatory. This judgment, the first of its kind in over a decade, provides useful guidance on predatory pricing practices.

The General Court has annulled the EUR 1.49 billion fine imposed on Google. The Commission had failed to properly assess the allegedly abusive contractual clauses related to online advertising, including whether they actually had a lock-in effect.

In a judgment of 18 April 2024, the European Court of Justice (“CJEU”) ruled on preliminary questions of the City Court of Prague concerning a damages claim lodged against Google by comparison shopping service provider Heureka.

Patent settlement agreements between originator pharmaceutical companies and generics manufacturers are a risky business. Originator medicine company Servier and five generic companies rolled the dice and the ECJ largely confirmed their antitrust fines.

The Commission’s fight to avoid paying interest to Deutsche Telekom is over. The ECJ upheld the right of companies to receive interest on unduly collected antitrust fines, carrying a hefty price tag for the Commission.

Employers beware: the European Commission is strengthening its actions against anticompetitive practices in labour markets. In its recent Competition Policy Brief it takes a tough stance. Companies are well-advised to review their employment practices.

The European Commission has fined Mondelēz EUR 337.5 million for restricting cross-border trade. Brand owners are advised to double-check their licensing and distribution systems, as well as their commercial conduct, for possible territorial restraints.

The ink on the Digital Market Act has barely dried, but fast-evolving digital developments already have competition authorities calling for new tools. Is Big Tech not kept in check by the DMA, the antitrust rules and the EU Merger Regulation after all?

The European Commission is on the prowl in the pharma sector. Recent cases on alleged disparagement and pipeline drugs-killings show that it is not afraid to show its teeth and, ultimately, bite.

In an interim judgment of 28 February 2024, the District Court of Amsterdam ruled inter alia on the duty to furnish facts for claimants in liability proceedings following an infringement of competition law rules.

The ECJ upheld the Commission’s fine on Scania for participating in a cartel. The Commission’s impartiality is not necessarily impaired by having the Commission case team in charge of the settlement procedure also deal with the penalty decision.