The Netherlands Authority for the Consumer and Markets’ (“ACM“) announced focus on drug price developments has finally come to a tangible enforcement result: a fine of almost EUR 20 million imposed on Leadiant, manufacturer of the orphan drug CDCA-Leadiant. This penalty decision follows the announcement by the ACM in 2018, repeated in2020 and 2021, that…
The Court of Justice of the European Union provides useful guidance on the interpretation of the concept of “the place where the damage occurred” to ascertain which court within a Member State has jurisdiction over a follow-on cartel damages claim. Pursuant to settled case-law interpreting Article 7(2) Brussels I bis[1], the court having jurisdiction over…
For many Britainophiles in the EU, the noise of the Brexiteers and their shouting about “world-beating Britain” during the last five years of the departure process have been hard to bear. However, the constant banging has also at times obscured the excellent work still being carried out by legal minds on the other side of…
On 8 July 2021, the Commission found that Daimler, BMW and the Volkswagen Group (Volkswagen, Audi and Porsche) violated competition law by colluding on technical development in the area of emission cleaning for new passenger diesel cars, fining the latter two a total of €875 million. The current hype regarding competition law and sustainability comes…
The digital payments sector in India has grown exponentially over the last five years due to deeper data and smartphone penetration. The Unified Payment Interface (UPI) system launched by the National Payments Corporation of India (NPCI) has been the main driver of this growth. FY 2019-20 witnessed UPI transactions in India grow exponentially at the…
The Swiss Federal Supreme Court (the “Court”) found in its decision of February 4, 2021, 2C_149/2018 (the “Decision”) that Pfizer Ltd. (“Pfizer”) had entered into an unlawful vertical price agreement (concerted practice) with pharmacies and physicians limiting competition by issuing vertical price recommendations for Viagra. The decision raises questions as to whether and under what…
In this latest instalment of the Trucks Cartel saga, the Amsterdam District Court (“District Court”) refutes the cartelists’ arguments by ruling that the issue of the award of damages is still on the table.[1] The liability of the cartelist is thereby established. This is the first step in the actual award of damages. The next…
According to a recent press release by the Austrian Federal Competition Authority (AFCA), in the course of a general market and media monitoring AFCA became aware of the merger between the two US-based companies Facebook and GIPHY, which took place in May 2020, and consequently initiated investigations based on suspicion of a violation of the standstill…
The unnecessary delay and piling up of cases are amongst the predicament of the Indian Judicial System. And the existence of this intricacy is not limited to the judiciary, it also stretches to other regulatory aspects and administrative systems across our country. Even specific tribunals and regulatory bodies are lagging behind in keeping pace with…
In October 2019, Ukrainian news feeds ‘exploded’ as the Antimonopoly Committee of Ukraine (‘AMC‘, ‘Committee‘) imposed a record-breaking fine of a total of about €240 million for a long-lasting cigarette cartel (‘AMC Decision‘) (‘Tobacco Case‘). The respondents in the Tobacco Case are four large cigarette manufacturers – British American Tobacco, Philip Morris, Japan Tobacco, Imperial…
