The new Business and Property Courts of England and Wales (“B&PCs”) became operational on 2 October 2017. As well as London, new BPCs have also been established in seven regional centres. As part of the reforms, the Mercantile Court has been renamed as the ‘Circuit Commercial Court’ and Mercantile Judges are now known as ‘Circuit…
With the exponential growth of technological advancement, our legal, social and economic systems need to respond promptly to creative incentives for disruptive innovators in the marketplace. In a speech delivered in February 2018, Deputy Assistant Attorney General Roger Alford of the US Department of Justice Antitrust Division advocated that “those countries that have designed their…
Introduction I recommend reading the UK Competition Appeal Tribunal’s (CAT) decision in Flynn/Pfizer vs UK Competition and Markets Authority (CMA) as both lawyers and economists can find a fair number of details to note for later cases related to excessive pricing. In this short article I do not wish to argue whether the CMA’s methodology…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Michael J. Frese, Civil Liability for Single and Continuous Infringements Infringement decisions by one of the European competition authorities constitute either irrefutable evidence or prima facie evidence of an antitrust violation in cases brought…
On 4 January 2018, the Shenzhen Intermediate People’s Court (Court) rendered a landmark judgment in the Huawei v. Samsung standard essential patent (SEP) case that is expected to reshape dynamics between SEP licensors and licensees. On 21 March 2018, the Court released the non-confidential version of its judgment to the public. The Court ruled in…
Summary On 7 June 2018, the UK Competition Appeal Tribunal (CAT) held that the UK Competition and Markets Authority (CMA) misapplied the relevant legal test when finding that Pfizer and Flynn Pharma (Flynn) unfairly priced their epilepsy drug. The CAT quashed the record £84.2 million and £5.2 million fines that the CMA imposed on Pfizer…
In July 2005, Germany adopted a new law providing that the limitation period for damage claims is suspended during the investigation of a competition authority (“Suspension Provision”). Ever since, it was unclear whether the Suspension Provision applies only to infringements committed after the new provision came into force, or whether it has retroactive effect. In…
On 16 May 2018, the General Court annulled the Commission’s decision rejecting Lufthansa’s request for a waiver of commitments it had given when it acquired Swiss in 2005. The Court faulted the Commission for not carrying out a careful examination of Lufthansa’s arguments that significant market changes justified a waiver of the commitments. The Commission…
The Polish Competition Authority – the President of the Office for Competition and Consumer Protection (the ”PCA” or the “President of the OCCP”)–initiated the precedent antimonopoly proceedings against Gazprom and its international partners (Engie from Switzerland, as well as four other companies from the Netherlands: Uniper, OMV, Shell and Wintershall) related to an alleged violation…
Consistent with recent trends in the United States, the European Union (EU) and many national governments in Europe are expressing renewed interest in greater scrutiny of acquisitions by foreign investors. Government ministers in Germany recently opposed a takeover in the robotics industry by a Chinese bidder, while government ministers in the Netherlands recently opposed a…
