The following item was prepared by my colleagues Jim Dinning and David Feldman In the annual Davies forecast of the year ahead for Canadian competition law, we discuss the top five issues and trends to watch for in Canadian competition law this year. 1. New Leadership at the Bureau and a Year of Transition 2018…

On 23 January 2018, Germany’s Federal Supreme Court (Bundesgerichtshof – BGH) handed down its judgment on allegedly anti-competitive requests for preferential rebates and conditions by food retailers (case KVR 3/17 – not yet published). This is an important judgment as it removes a major roadblock to antitrust enforcement in the food retail sector in Germany,…

As authorities worldwide step up enforcement of their merger control rules, companies planning deals in 2018 must pay even closer attention to their obligations and conduct throughout the period from early planning up to final merger control clearance. We are seeing more authorities impose heavy fines for an increasingly wide range of pre-clearance conduct, with…

On 19 December 2017 the Federal Administrative Court issued three judgments reversing the sanctions against the producers Pfizer, Eli Lilly and Bayer imposed by the Competition Commission which totaled in CHF 5.7 million. The court concludes that the non-binding price recommendations published by the three pharmaceutical companies did not restrict competition but rather prevented excessive…

Background  This case concerns a dispute between Coty Germany GmbH, a supplier of luxury cosmetic products, and Parfümerie Akzente GmbH, an authorised retailer. Coty Germany, a subsidiary of the US parent company Coty Inc., sells luxury cosmetics in Germany through a selective distribution network of authorised distributors. Parfümerie Akzente is a longstanding authorised distributor for…

More than a year has passed since the Antimonopoly Committee of Ukraine (AMCU) completed its first investigations into the Ukrainian pharmaceutical market. However, it has recently struck another blow yet again and, one should say, with renewed vigour. The first companies that fell under antitrust sanctions were Alcon and distributors (Alcon case). The AMCU passed…

On 4 November 2017, the Standing Committee of the National People’s Congress passed the amendments to China’s Anti-Unfair Competition Law (AUCL).  The amendments will take effect from 1 January 2018. This is the first time that the AUCL has been revised since its entry into force in 1993.  As part of the amendments, the AUCL’s…

In late October 2017 the AMCU approved the Typical Requirements for Vertical Concerted Actions of Business Entities (hereinafter – the Typical Requirements). The development of the document was due to the commitments undertaken by Ukraine in accordance with the EU-Ukraine Association Agreement. Prior to the adoption of the Typical Requirements the issues of the AMCU’s…

The competition and agricultural rules in the EU treaties have lived separate lives for many decades. While an agricultural exemption from the competition rules was already foreseen by Article 42 of the Treaty of Rome (now Article 42 TFEU) and this exemption has been included in secondary legislation since 1962, in practice its scope was…

On 14 August 2017, the National Development and Reform Commission (“NDRC“) released a draft of the Guidelines on Pricing Conduct by Business Operators for Drugs in Shortage and Active Pharmaceutical Ingredients (“Draft Guidelines“).  NDRC is seeking comments on the Draft Guidelines until mid-September. One day later, NDRC made public the full text of its decisions…