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…
On September 13, the European Commission (Commission) proposed a regulation creating a new framework for screening foreign direct investments into the European Union (EU). The proposal would address the potential for divergence among existing Member State screening mechanisms and create a new oversight role for the Commission itself. The framework could affect acquisitions in a…
The financial crisis led to the bail out of several banks which were considered to be “too big to fail.” Considering the costs of those bail outs for the European taxpayer and in view of the importance of financial stability for the proper functioning of the EU’s internal market, the EU institutions created a new…
