News & Analysis as of September 17, 2024

UK Competition and Markets Authority (CMA)

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

The Vifor Case: Disparagement Reloaded?

McDermott Will & Emery on 8/21/2024

On July 22, 2024, the European Commission (EC) accepted commitments proposed by Vifor Pharmaceuticals to address disparagement concerns under Article 102 TFEU. This is the EC’s first pure disparagement case and its second...more

Price Gouging Restrictions Beyond the 50 States

Proskauer - Minding Your Business on 11/2/2020

We continue to cover the patchwork of price gouging laws and enforcement actions brought under them, providing an overview of the current legal landscape. We are also following and will report on the application of price...more

Court of Justice ruling in Paroxetine

White & Case LLP on 2/19/2020

The European Court of Justice's ruling in Paroxetine, handed down in record time just before Brexit, confirms the narrow interpretation of restrictions by object given in other recent cases. It also clarified certain issues...more

The Implications Of Brexit On The Competition Law Landscape: Key Takeaways From The CMA’s ‘Guidance On The Functions Of The CMA...

Orrick - Antitrust Watch on 2/3/2020

The UK will no longer be a Member State of the European Union (the “EU”) as of 11 p.m. on 31 January 2020 (“Exit Day”). A ‘transition period’ will run from Exit Day until 11 p.m. on 31 December 2020 (the “Transition Period”)....more

Changing Roles: the CMA during the Transition Period and beyond

White & Case LLP on 2/1/2020

As the UK departs the European Union, the CMA – the UK competition regulator – is facing a transformation in its mandate. White & Case considers how the CMA will approach its workload during and after the Transition Period...more

Brexit and Antitrust: Impact on Public and Private Antitrust Enforcement

Dechert LLP on 3/7/2019

The UK may leave the EU on 29 March 2019 without a transition period or agreed arrangements on the terms of its exit. There are multiple implications: - Businesses subject to an ongoing EU antitrust investigation on the...more

UK Landmark Competition Case Condemns Absolute Internet Sale Ban As A Serious Breach Of Competition Law.

BCLP on 9/10/2018

The Competition Appeal Tribunal (“CAT”) handed down its judgment on 7 September 2018 in relation to an appeal by Ping Europe Limited (“Ping”) challenging the decision of the UK Competition and Markets Authority (“CMA”) to...more

Continued Antitrust Enforcement Against Non-Compliant Manufacturers in Europe: Significant Penalties Imposed for Fixing Resale...

K&L Gates LLP on 8/8/2018

On 24 July 2018, in four separate decisions, the European Commission (“Commission”) levied fines totalling EUR 111 million on four well-known manufacturers of consumer electronic products for imposing fixed or minimum resale...more

European Court Ruling May Reinvigorate Enforcement Against Excessive Pricing

Jones Day on 10/27/2017

The Ruling: The European Court of Justice recently provided widely anticipated guidance on the concept of excessive pricing, clarifying the use of key legal criteria in identifying an excessive pricing abuse under Article 102...more

EU & Competition Law Update – September 2017

BCLP on 9/20/2017

On the 13th September 2017 Jean-Claude Juncker, the European Commission President, unveiled a framework for investment screening for certain foreign mergers in his “State of the Union” address to the European Parliament. ...more

EU & Competition Law Update – July 2017

BCLP on 7/13/2017

On 14 June 2017, the EU Commission announced that it was opening an investigation into Sanrio, owner of the Hello Kitty brand. Sanrio have been accused by the Commission of an infringement of Article 101 TFEU, the prohibition...more

European Commission Sets its Sights on Allegedly Excessive Drug Prices

Jones Day on 6/20/2017

In the European Union, Big Pharma has been operating with a target on its back for the best part of the last decade. Following its 2008 sector inquiry into the pharmaceutical sector, the Commission vowed to clamp down on...more

Claimants' Guide to Antitrust Competition Litigation in EU

BCLP on 2/23/2017

Recent years have seen a significant increase in the number of private competition claims in the European Union. The Claimants' guide to Antitrust/Competition Litigation in the European Union provides an overview of the...more

EU Competition Newsletter – February 2017

BCLP on 2/22/2017

Portugal Asks European Court to Determine the Criteria Required for Discriminatory Pricing to Be an Abuse Under Article 102 of the Treaty on the Functioning of the European Union - Portuguese Court has asked the...more

European Competition Law Newsletter – August 2016

McGuireWoods LLP on 8/19/2016

Antitrust Liability for the Actions of Third Parties - It is a long-established principle that a company can be liable for the anti-competitive behavior of a third party. Compliance programmes and training, as well...more

EU & Competition Law Update – August 2016

BCLP on 8/10/2016

EU: Regulatory Scrutiny of Online Hotel Booking Continues - The 13 July 2016 saw the Competition and Markets Authority (CMA) announce that it had sent a questionnaire to a large sample of hotels throughout the UK. As...more

EU Retail News - July 2016

BCLP on 7/18/2016

BREXIT – THE NEXT STEPS - Despite the UK’s vote to leave the European Union, companies doing business in the UK can still continue to trade with the European Union in exactly the same way as they have done in the past –...more

EU & Competition Law Update – June 2016

BCLP on 7/14/2016

BREXIT – BUSINESS AS USUAL...AT LEAST FOR NOW - What do you need to know? Despite the UK's vote to leave the European Union ("EU"), companies doing business in the UK can still continue to trade with the EU in...more

Alert: UK Competition Law after Brexit

Cooley LLP on 7/7/2016

On 23 June, the British electorate voted by roughly 52% to 48% to leave the European Union (EU) (an outcome almost universally referred to as ‘Brexit'). While the referendum was purely advisory, and so had no formal legal...more

Collusion on the catwalk: have the UK’s top modelling agencies breached competition law?

BCLP on 6/22/2016

On the 25th May 2016, the UK’s Competition and Markets Authority (“CMA”) issued a statement of objections to five of Britain’s most prestigious modelling agencies alleging an infringement of Chapter I of the Competition Act...more

EU & Competition Law Update - March 2016

Bryan Cave Leighton Paisner on 3/10/2016

Welcome to March's edition of our EU & Competition Law Bulletin covering recent legal developments impacting upon you and your business: - ..United Kindgdom: Large pay for delay fine imposed by CMA. ..Germany and...more

EU & Competition Law Update - February 2016

Bryan Cave Leighton Paisner on 2/3/2016

EU and national leniency applications independent rules ECJ - On the 20 January 2016, the European Court of Justice (ECJ) handed down its ruling on a preliminary reference made by the Italian Council of State on the...more

EU & Competition Law Update - January 2016

Bryan Cave Leighton Paisner on 1/14/2016

Smartphone chip manufacturer accused of an abuse of dominance - On the 8th December 2015, Qualcomm, the world’s largest supplier of smartphone chipsets, was publicly accused by the European Commission of abusing its...more

European Competition Law Newsletter – November 2015

McGuireWoods LLP on 11/13/2015

A company that helps with or facilitates a cartel is at just as much risk of sanctions and penalties as are the actual cartelists. This was confirmed by the EU’s highest court (the European Court of Justice (ECJ)) on 22...more

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