In the European Union, Big Pharma has been operating with a target on its back for the best part of the last decade. Eight years after the conclusion of the 2008 pharmaceutical sector inquiry, it is clear that the Commission has largely been true to its stated enforcement priorities. However, the recent announcement of an…

One of the most important issues which are being investigated by the CCI is the treatment of vertical agreements. In one of my earlier posts (http://kluwercompetitionlawblog.com/2015/06/28/competition-commission-of-india-initiates-investigation-in-relation-to-resale-price-maintenance-impact-on-business-operations/), it was shown how the CCI is referring certain cases for further investigation, the outcome of which will certain change the landscape in which business is run in India….

78th Lunch Talk of the Global Competition Law Center Friday, October 30, 2015 from 12:00 PM to 2:00 PM The Legal Status of Rebates after Post Danmark II Nicholas KHAN, Legal Service, European Commission Pablo IBANEZ-COLOMO, London School of Economics Moderator: Denis Waelbroeck, Ashurst LLP & GCLC Programme: 12:00 – 12:30: Sandwich lunch and socializing…

The Canadian government is determined to remedy what it (and many Canadians) regard as an unjustified gap between US and Canadian prices for the same goods. In particular, the government has focussed on what it perceives to be unjustified “country pricing” or “cross-border price discrimination”, ie, businesses charging more for goods sold in Canada than…

The Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, “PCA”) has recently addressed the issue of resale price maintenance clauses (“RPM”) (see PCA decision of 31 December 2012 in case no. DOK 9/2012). The matter merits some attention, what with interesting argumentation raised in defence of the challenged clause related to a launch of…

According to standard economic theory, unfettered free markets lead to an efficient allocation of resources.  Importantly, this result is generally taken to hold only insofar as market failures are absent.  One of these failures, market power, is defined as the ability to elevate prices above competitive levels for a significant period of time.  Generally speaking,…