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Illumina/Grail: EU Court overturns approach to “killer acquisitions”

In a much-anticipated ruling of 3 September 2024, the EU's highest court threw out the policy that the European Commission has been pursuing since 2021, by which it asserted jurisdiction to review so-called “killer...more

Affaire Servier : la Cour de justice de l’Union censure l’arrêt du Tribunal et lui renvoie la balle

Le 27 juin 2024, le laboratoire pharmaceutique Servier – qui, entre 2005 et 2007, avait conclu plusieurs accords transactionnels en matière de brevets impliquant des paiements inversés avec des génériqueurs (Niche/Unichem,...more

European Commission prohibits acquisition of Grail by Illumina

Following a Phase II investigation, the European Commission (the “Commission”) on 6 September 2022 prohibited the acquisition of Grail by Illumina, on the basis that the merger would stifle innovation in the emerging market...more

Vertical restraints: the European Commission revisits its approach to information exchange in situations of dual distribution

On 10 May 2022, the European Commission (the “Commission”) adopted the final version of the new Vertical Block Exemption Regulation (“VBER”), which will enter into force on 1 June 2022. The new VBER, which replaces Regulation...more

European Commission Repurposes Powers to Capture Deals Not Meeting Filing Thresholds in the EU

Key takeaways - The European Commission (EC) recently issued guidance encouraging Member States to make use of the option, foreseen in the EU Merger Regulation (EUMR), to request the EC to review transactions that do not meet...more

Dawn raids at French supermarkets partially annulled by EU court

In three recent judgments issued on 5 October 2020, the General Court of the European Union ("GCEU") partially annulled the European Commission’s ("Commission") decisions of February 2017 which had authorized onsite...more

The Servier Judgment: A Breath of Fresh Air for Pharmaceutical Companies?

On 12 December 2018, the General Court (“Court”) partially annulled the European Commission’s decision of 9 July 2014 in the Servier case and consequently reduced Servier’s fine by more than 30%, from €330.99 million to...more

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