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European Commission Abuse of Dominance European Union

Goodwin

Antitrust and Competition Life Sciences Quarterly Update Q2 2024

Goodwin on

To date, 2024 has not yet seen the type of mega-merger (Pfizer/Seagen) or level of agency enforcement (Sanofi/Maze or Amgen/Horizon) as 2023. But two notable investigations — one still active — show the Federal Trade...more

Goodwin

In a Landmark Judgment, Top European Court Curbs European Commission’s Ability to Review “Killer Acquisitions”

Goodwin on

On 3 September 2024, the European Court of Justice (ECJ) ruled that the European Commission (Commission) cannot encourage or accept referrals for below-threshold deals from national competition authorities if those...more

Goodwin

European Commission’s First-Ever Abuse of Dominance Probe for Shelving of a Novel Pipeline Therapy

Goodwin on

The European Commission (EC) has launched a formal investigation under its abuse of dominance rules into US life sciences company Zoetis in the area of novel veterinary medicines. The EC alleges that the discontinuation of a...more

Hogan Lovells

Commission investigation into termination of pipeline drug: what next for R&D decision-making?

Hogan Lovells on

The European Commission has opened a formal investigation into whether Zoetis, a US animal health company, has acted in breach of the abuse of dominance rules by terminating development of a pipeline drug: when does...more

Jones Day

Towards a Less Effects-Based Approach? European Commission Takes Action to Amend EU Framework on Exclusionary Abuses of Dominance

Jones Day on

In Short - The Situation: On 27 March 2023, the European Commission ("Commission") published a Communication amending its 2008 Guidance on enforcement priorities concerning exclusionary abuses ("amended 2008 Guidance...more

White & Case LLP

European Court of Justice confirms that national authorities can review ex-post below-threshold mergers under abuse of dominance...

White & Case LLP on

The long-awaited European Court of Justice's judgment in Towercast confirmed that national competition authorities (and national courts) can apply abuse of dominance rules to mergers that did not trigger EU and national...more

BCLP

The year ahead in Brussels - the European Commission’s expanding scrutiny of M&A

BCLP on

As we enter 2023, the European Commission is redoubling its efforts to scrutinise transactions on a variety of bases. The focus has been on the digital sector for some time, but the impact of the Commission’s expanding...more

A&O Shearman

European Commission investigation into Teva’s potential abuse of dominance – misuse of patent procedures and disparagement

A&O Shearman on

On 10 October 2022, the European Commission (EC) sent a Statement of Objections to Teva Pharmaceutical Industries Limited and Teva Pharmaceuticals Europe BV (Teva). The EC has provisionally found that Teva abused its dominant...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU General Court Overturns Intel Antitrust Fine

On January 26, 2022, the EU General Court (the Court) annulled the European Commission’s (the Commission) decision that Intel had abused its dominant position regarding its x86 central processing unit (CPU) computer chips and...more

Jones Day

EU Court Annuls Landmark European Commission "Abuse of Dominance" Antitrust Decision

Jones Day on

The EU General Court ("GC") annulled the European Commission's €1.06 billion antitrust fine imposed on Intel in 2009 for allegedly abusing its dominant position in x86 Central Processing Units ("CPUs") by offering loyalty...more

Haug Partners LLP

Lessons for 2022 – What to Take Away from the EU’s €2.4B Google Antitrust Fine

Haug Partners LLP on

On November 10, 2021, the European Union’s General Court issued a decision largely upholding the European Commission’s finding that Google abused its dominant position by favoring results from its own comparison-shopping...more

Wilson Sonsini Goodrich & Rosati

EU Commission Breaks New Ground by Fining German Carmakers for Participation in a Cartel Restricting Technical Development

The European Commission (EC) issued a EUR 875 million (USD 1.05 billion) cartel fine against German carmakers, namely BMW, Audi, Porsche, and Volkswagen (the latter three are all part of the Volkswagen Group). Daimler was...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU-UK Antitrust Enforcement and Cooperation

The Trade and Cooperation Agreement (TCA) governing post-Brexit trade relations between the UK and the EU includes provisions regulating EU-UK antitrust enforcement and cooperation effective 1 January 2021....more

Latham & Watkins LLP

Impact of COVID-19: New Exemptions Under Antitrust Law

Latham & Watkins LLP on

EU/EFTA/ECN – On 23 March 2020, the competition authorities in the European Competition Network (the European Commission, the EFTA Surveillance Authority, and the national competition authorities of the EU/EEA) issued a Joint...more

White & Case LLP

Taiwan in the changing global landscape - Europe again has the technology sector in its target zone (Guidance for Taiwanese...

White & Case LLP on

For many years, the European Commission (the Commission) has been the global leader in applying antitrust law to the technology sector. This year is no exception. Indeed, there have been a number of new European enforcement...more

Skadden, Arps, Slate, Meagher & Flom LLP

Planning for Merger Reviews and Antitrust Investigations Under the Brexit Withdrawal Agreement

The U.K. Competition and Markets Authority (CMA) has published “Guidance on the Functions of the CMA Under the Withdrawal Agreement” (Guidance), which sets out the regulator’s approach to merger and competition cases during...more

McDermott Will & Emery

EU Competition Review 2019

McDermott’s Annual European Competition Review summarizes key developments in European competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There...more

McDermott Will & Emery

International Legal Highlights – November 2019

McDermott Will & Emery on

EU COMPETITION LAW AND ARTIFICIAL INTELLIGENCE - Artificial Intelligence (AI) and big data are playing an increasingly important role in the economy. Competition law will have to evolve if it is to reconcile the positive...more

McDermott Will & Emery

Interim Measures Imposed on Broadcom: The Re-Awakening of a Once-Dormant Tool?

McDermott Will & Emery on

The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its...more

BCLP

EU Commission Hits Qualcomm with Fine of EUR 242 million for Predatory Pricing

BCLP on

For a second time in 18 months the EU Commission has slapped a large antitrust fine on Qualcomm, the world’s largest chip manufacturer. On 18 July 2019, the European Commission announced that it has imposed a fine of EUR 242...more

Dechert LLP

EU seeks to impose interim measures in Broadcom antitrust probe

Dechert LLP on

In a potentially ground-breaking move, the European Commission recently announced its intention to use its powers to impose interim measures in an investigation targeting chipmaker Broadcom. If it does impose such measures,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Competition Policy for the Digital Era: Advisers to the European Commission Recommend Vigorous Enforcement and Adjustments to...

On April 4, 2019, the European Commission published a report1 prepared by three special advisers (the Advisers) appointed by EU Competition Commissioner Margrethe Vestager to explore how EU competition policy should evolve in...more

Dechert LLP

Brexit and Antitrust: Impact on Public and Private Antitrust Enforcement

Dechert LLP on

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

Dechert LLP

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

Dechert LLP on

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

Sheppard Mullin Richter & Hampton LLP

Big in Europe? What Multinationals Need to Know about Competing on the Continent

With its recent imposition of a record 4.3 billion EUR fine against Google for abuse of dominant position, the European Commission may have cemented its reputation for taking an aggressive enforcement stance against US tech...more

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