What links a multiple sclerosis drug ingredient, trains tickets in the South of England and iPhone batteries? Very little you might say? But in fact these subjects are all bound up in what some believe to be an ongoing extension to the frontiers on the law on abuse of dominance. Just how far does the … Continue reading Misinformation, disparagement, opacity and throttling – how far does the ‘special responsibility’ go?
Antitrust and private equity – parental liability rules can allow authorities to claw back profits in UK and Europe
Private equity (PE) is in focus for antitrust authorities. In a merger control context, concerns around roll-up and keeping the bigger picture in mind occupy both Jonathan Kanter at the DOJ and Lina Khan at the FTC. My colleague Stijn Huijts covered this in his 13 June 2022 blog. Consideration of the PE angle is … Continue reading Antitrust and private equity – parental liability rules can allow authorities to claw back profits in UK and Europe
The loser still pays – The Supreme Court’s judgment on costs in Phenytoin
The UK Supreme Court issued an interesting judgment yesterday involving the question whether the CMA should cover a party's litigation costs when that party successfully appeals the CMA’s decision under the Competition Act. The judgment is related to the CMA’s decision to impose penalties on Pfizer and Flynn Pharma for hiking up the prices of … Continue reading The loser still pays – The Supreme Court’s judgment on costs in Phenytoin
Sanofi and McKesson/Phoenix – Better late than never?
Early spring brought us a couple of interesting competition law developments involving France. First, the Court of Appeal in Paris annulled a judgment by a lower court that dismissed a damages action against Sanofi in relation to its practice of “denigration” or “disparagement” of competitors. Next, the European Commission partly referred the McKesson/Phoenix merger to … Continue reading Sanofi and McKesson/Phoenix – Better late than never?
No-poach and wage-fixing agreements – Is antitrust game?
No-poach and wage-fixing agreements are somewhat of a new trend in antitrust enforcement. The US Department of Justice (DoJ) recently beat a challenge against its first criminal wage fixing case, involving wages for physical therapists. The DoJ has opened two further labour-related cases, also in healthcare. Meanwhile in the EU, the Commission has been vocal … Continue reading No-poach and wage-fixing agreements – Is antitrust game?
New UK national security rules – What do they mean for life science investments?
The National Security and Investment Act 2021 (NSI Act) comes into force on 4 January 2022. From then, the UK Government will be empowered to call in for review any qualifying acquisition which may give rise to UK national security concerns. The NSI Act captures acquisitions of any size, including in certain cases where minority … Continue reading New UK national security rules – What do they mean for life science investments?
Pay-for-delay hits 18 in the EU – Adulthood, but what comes next?
(...and four other takeaways from the Cephalon decision) Although the European Commission adopted the latest of its pay-for-delay decisions in November 2020, the Cephalon decision was only published in July of this year. With the Lundbeck agreements first coming under Commission scrutiny in 2003, pay-for-delay enforcement turned 18 this year. Below we set out a … Continue reading Pay-for-delay hits 18 in the EU – Adulthood, but what comes next?