In contrast to e.g. the UK Office of Fair Trading, the European Commission so far has not applied UPP-type approaches in phase I merger enquiries. However, a Commission submission to the OECD earlier this year indicates that it is keeping its options open. This post discusses frequently asked questions regarding the concept of UPP and…

On 15 May 2012, Advocate-General Mazák delivered his long awaited Opinion to the European Court of Justice in the long-running AstraZeneca litigation. Practitioners hoping for an opinion that tempered some of the more extreme dicta of the General Court were to be disappointed. Advocate-General Mazák recommended that the General Court’s judgment be upheld in its…

The feud between the Chinese Internet companies Qihoo 360 Technology Co., Ltd. (‘Qihoo 360’) and Tencent Inc. (‘Tencent’) has been simmering for nearly two years. This article spotlights the facts and major issues of the dispute. The Facts Tencent runs QQ, the most popular instant messaging (‘IM’) service in the mainland China with over 700…

On July 1, 2010, the European General Court rendered its judgment in the AstraZeneca case, dismissing for the most part AstraZeneca’s appeal against the Commission’s infringement decision of June 2005.  In that decision, the Commission had found AstraZeneca’s Losec to be dominant in the market for proton pump inhibitors, a type of medicine used for…