News & Analysis as of

Appeals Abuse of Dominance

Society of Corporate Compliance and Ethics...

German court rules Facebook illegally harvested data

Report on Supply Chain Compliance 3, no. 14 (July 23, 2020) - Germany’s top court reversed a decision by an appeals court, stating that there is no doubt that Facebook enjoys a dominant position in the market and also no...more

White & Case LLP

Court of Appeal broadly upholds the CAT's judgment in Phenytoin and clarifies "excessive pricing" test - Authorities can't stick...

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On 10 March 2020 the Court of Appeal upheld the Competition Appeal Tribunal's (CAT) quashing of the Competition and Markets Authority's (CMA) decision that Pfizer and Flynn Pharma (Flynn) had abused their dominant positions...more

Skadden, Arps, Slate, Meagher & Flom LLP

The UK Court of Appeal Overturns CAT and Imposes Agency Discretion on Excessive Price Benchmark

On March 10, 2020, the England and Wales Court of Appeal (CoA) handed down its judgment in the appeals by the U.K. Competition and Markets Authority (CMA) and Flynn Pharma Ltd. against a June 2018 Competition Appeal...more

White & Case LLP

Court of Justice ruling in Paroxetine

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The European Court of Justice's ruling in Paroxetine, handed down in record time just before Brexit, confirms the narrow interpretation of restrictions by object given in other recent cases. It also clarified certain issues...more

A&O Shearman

The Intel Ruling: A New Dawn?

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In perhaps the most hotly anticipated judgment in the European competition law world this year, the Court of Justice of the European Union (CJEU) handed down its landmark ruling on September 6, 2017 in Intel’s appeal against...more

Dechert LLP

Pfizer and Flynn Pharma fined €101 million for charging the UK health service excessive prices for Phenytoin sodium capsules, an...

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The UK Competition and Markets Authority (“CMA”) recently published its infringement decision of 7 December 2016 that imposed a fine on Pfizer and Flynn Pharma (“Flynn”) for abusing their respective dominant positions by...more

Jones Day

Rewarding Loyalty: ECJ Holds that Loyalty Rebates Do Not Per Se Restrict Competition

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The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission's €1.06 billion fine on Intel for abusing its dominant...more

Jones Day

Antitrust Alert: European Court Of Justice Publishes Long-Awaited Judgment In The Intel Case

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September 2017 What happened? Last week the European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position...more

Skadden, Arps, Slate, Meagher & Flom LLP

Intel Ruling: General Court Failed to Examine All of Intel’s Arguments, Court of Justice Says

On September 6, 2017, the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a...more

Dechert LLP

EU Court Orders New Assessment of Intel's Rebates

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The Court of Justice of the European Union (CJEU) has quashed a ruling by the EU’s General Court which had upheld the European Commission’s (EC) 2009 finding of abuse of dominance by Intel Corporation Inc. Intel was fined...more

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