On April 11, 2018, the European Commission published a proposed new EU law as part of a package of consumer protection measures. The proposed new law would introduce the first Europe-wide consumer class action system, exposing companies in a broad range of industries to new risks with potentially huge financial implications. The proposed new law…
It has been just over a year since I last wrote on EU Merger Control and the Innovation Theory of Harm (the ITOH), see here. And what a year it has been. We still have no real idea what Brexit means. We still do not know who will win the World Cup this year, but…
In a judgment dated 5 February 2018, the General Court of the EU (the “General Court”) rejected the appeal by German retailer Edeka–Handelsgesellschaft Hessenring’s (“Edeka”) against a decision by the European Commission (the “Commission”) refusing Edeka’s application to obtain access to material classified by the Commission as confidential during its investigation into alleged manipulation of…
On January 24, 2017, the European Commission announced that it had fined Qualcomm EUR 997,439,000. The Commission thinks that Qualcomm had abused its dominant position to become Apple’s sole supplier of long term evolution (“LTE“) baseband chipsets. The abuse was allegedly committed through exclusive deals, which lasted from 2011 to 2016. Baseband chipsets are key components in smartphones and tablets, which enable connection…
This case relates to the interplay between EU competition law and the pharmaceutical regulatory regime. It arose in the context of an arrangement in which Genentech licensed Bevacizumab to one company in the field of Ophthalmology (‘Lucentis’) and to another company for the treatment of cancers (‘Avastin’). There was a delay in obtaining an MA…
Dispute Resolution This article “fact-checks” the “Notice to Stakeholders” published by the European Commission on November 21, 2017[1] (the “Notice”). The Notice has received widespread press attention, due to its stark warnings about the risks of choosing to litigate in the English Courts post-Brexit. We consider whether the Notice is factually accurate (yes), whether it…
The new digital economy will involve significant cooperation between competitors and data sharing / pooling to a much larger extent than in the past. This is not limited to the big data industries but will also extend to more traditional sectors where digitalization and connectivity of devices is playing an increasingly important role. One of…
Between 2012 and 2013, Marine Harvest ASA (“Marine Harvest”), a Norwegian seafood company, acquired Morpol ASA (“Morpol”), a Norwegian producer and processor of salmon. Marine Harvest notified the transaction to the European Commission under the European Union’s Merger Regulation (“EUMR”), but implemented it prior to the European Commission having granted clearance. The European Commission imposed…
While recent upheavals in global politics have shifted attention far from international taxation matters, the state aid case against Apple continues to fuel intense debates on both sides of the Atlantic. Before we delve deeper into the latest developments of a discourse that has the potential to shape the future of multinational structures, IP licensing,…
Being a policeman is a difficult job at the best of times. Suspects inevitably think that they are innocent and resent the perceived unjustified intrusion on their law-abiding activities. At least the policeman can take some satisfaction from looking the victim in the eye and knowing that they have improved that person’s lot. One may…
