The notion of "undertaking in difficulty" is a key element in State aid law because undertakings in difficulty can receive State aid only under the restrictive conditions for so-called rescue and restructuring aid. Any other...more
The German Federal Cartel Office (Bundeskartellamt or "FCO") has published guidance on the requirements placed on remedies in merger control and their implementation. Remedies are an important instrument in merger control...more
In the European Union, Big Pharma has been operating with a target on its back for the best part of the last decade. Following its 2008 sector inquiry into the pharmaceutical sector, the Commission vowed to clamp down on...more
6/20/2017
/ Anti-Competitive ,
Antitrust Investigations ,
Antitrust Violations ,
Competition Authorities ,
Enforcement Actions ,
EU ,
European Commission ,
Generic Drugs ,
Italy ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Price Gouging ,
Spain ,
Treaty on the Functioning of the European Union (TFEU) ,
UK Competition and Markets Authority (CMA)
In April 2017, the European Commission ("Commission") published a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules. The successful candidate will...more
5/22/2017
/ Anti-Competitive ,
Antitrust Provisions ,
Banks ,
Borrowers ,
Comment Period ,
Competition Authorities ,
Enforcement Actions ,
EU ,
European Commission ,
France ,
Germany ,
Government Studies ,
Infringement ,
Loans ,
Netherlands ,
Notice and Comment ,
OECD ,
Poland ,
Spain ,
Syndicated Loans ,
UK
The German Parliament has adopted the 9th Amendment to the German "Act against Restraints of Competition" ("ARC") or "Gesetz gegen Wettbewerbsbeschränkungen" ("GWB"). The new law will enter into force after publication in the...more
5/3/2017
/ Amended Rules ,
Antitrust Litigation ,
Antitrust Provisions ,
Cartels ,
Damages ,
Direct Purchasers ,
EU Damages Directive ,
Evidence ,
Germany ,
Indirect Purchasers ,
Joint and Several Liability ,
Merger Controls ,
Private Right of Action ,
Size of Transaction Test ,
Statute of Limitations
The European Commission has introduced a new tool to encourage individuals to disclose anticompetitive conduct on an anonymous basis. Individuals are invited to supply inside knowledge to help the Commission uncover cartels...more