News & Analysis as of September 18, 2024

European Union › Abuse of Dominance

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Antitrust and Competition Life Sciences Quarterly Update Q2 2024

Goodwin on 9/10/2024

To date, 2024 has not yet seen the type of mega-merger (Pfizer/Seagen) or level of agency enforcement (Sanofi/Maze or Amgen/Horizon) as 2023. But two notable investigations — one still active — show the Federal Trade...more

In a Landmark Judgment, Top European Court Curbs European Commission’s Ability to Review “Killer Acquisitions”

Goodwin on 9/6/2024

On 3 September 2024, the European Court of Justice (ECJ) ruled that the European Commission (Commission) cannot encourage or accept referrals for below-threshold deals from national competition authorities if those...more

European Commission’s First-Ever Abuse of Dominance Probe for Shelving of a Novel Pipeline Therapy

Goodwin on 4/25/2024

The European Commission (EC) has launched a formal investigation under its abuse of dominance rules into US life sciences company Zoetis in the area of novel veterinary medicines. The EC alleges that the discontinuation of a...more

Commission investigation into termination of pipeline drug: what next for R&D decision-making?

Hogan Lovells on 4/2/2024

The European Commission has opened a formal investigation into whether Zoetis, a US animal health company, has acted in breach of the abuse of dominance rules by terminating development of a pipeline drug: when does...more

K&C Sports & Entertainment Law Weekly Roundup - March 2024 #2

Kaufman & Canoles on 3/13/2024

The Dartmouth men’s basketball team voted to unionize Tuesday in an unprecedented step toward forming the first labor union for college athletes and another blow to the NCAA’s deteriorating amateur business model....more

New Excessive and Unfair Pricing Provisions in Force in Canada’s Competition Act: Risk and Compliance Considerations

Davies Ward Phillips & Vineberg LLP on 1/19/2024

Canada’s Competition Act was amended effective December 15, 2023 to both (i) establish a new, more expansive framework for challenging anti-competitive conduct by dominant firms and (ii) specifically provide that it is an...more

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 2nd Quarter 2023

Morrison & Foerster LLP on 7/12/2023

At this mid-point of 2023, and now several months on from the ABA’s Spring Antitrust conference, there have been several notable developments concerning cartel enforcement, as new leadership settles in at the U.S. Department...more

Towards a Less Effects-Based Approach? European Commission Takes Action to Amend EU Framework on Exclusionary Abuses of Dominance

Jones Day on 4/12/2023

In Short - The Situation: On 27 March 2023, the European Commission ("Commission") published a Communication amending its 2008 Guidance on enforcement priorities concerning exclusionary abuses ("amended 2008 Guidance...more

Doing a deal as an abuse of dominance? The ECJ’s decision in Towercast

BCLP on 3/30/2023

On 16 March 2023, the ECJ published its judgment in Towercast (C-449/21), confirming that Article 102 TFEU (which prohibits abuses of a dominant market position) may apply to transactions which fall below national and EU...more

EU Court of Justice Revives Long-Dormant "Abuse of Dominance" Challenge to Non-Reportable M&A Deals

Jones Day on 3/28/2023

In Short - The Development: The Court of Justice of the European Union ("ECJ") held that national competition authorities ("NCA") may investigate and block an M&A transaction that violates Article 102 of the Treaty on the...more

European Court of Justice confirms that national authorities can review ex-post below-threshold mergers under abuse of dominance...

White & Case LLP on 3/27/2023

The long-awaited European Court of Justice's judgment in Towercast confirmed that national competition authorities (and national courts) can apply abuse of dominance rules to mergers that did not trigger EU and national...more

The year ahead in Brussels - the European Commission’s expanding scrutiny of M&A

BCLP on 1/19/2023

As we enter 2023, the European Commission is redoubling its efforts to scrutinise transactions on a variety of bases. The focus has been on the digital sector for some time, but the impact of the Commission’s expanding...more

European Commission investigation into Teva’s potential abuse of dominance – misuse of patent procedures and disparagement

A&O Shearman on 12/26/2022

On 10 October 2022, the European Commission (EC) sent a Statement of Objections to Teva Pharmaceutical Industries Limited and Teva Pharmaceuticals Europe BV (Teva). The EC has provisionally found that Teva abused its dominant...more

EU General Court Sets Aside €1 billion Abuse-of-Dominance Fine on Qualcomm

K&L Gates LLP on 7/13/2022

Key Takeaways - The Court holds the Commission to a high standard in respect to the rights of defense. The Court found that the Commission committed several serious procedural violations, including: (i) failure to keep and...more

EU General Court Overturns Intel Antitrust Fine

Skadden, Arps, Slate, Meagher & Flom LLP on 2/8/2022

On January 26, 2022, the EU General Court (the Court) annulled the European Commission’s (the Commission) decision that Intel had abused its dominant position regarding its x86 central processing unit (CPU) computer chips and...more

EU Court Annuls Landmark European Commission "Abuse of Dominance" Antitrust Decision

Jones Day on 1/27/2022

The EU General Court ("GC") annulled the European Commission's €1.06 billion antitrust fine imposed on Intel in 2009 for allegedly abusing its dominant position in x86 Central Processing Units ("CPUs") by offering loyalty...more

Lessons for 2022 – What to Take Away from the EU’s €2.4B Google Antitrust Fine

Haug Partners LLP on 1/5/2022

On November 10, 2021, the European Union’s General Court issued a decision largely upholding the European Commission’s finding that Google abused its dominant position by favoring results from its own comparison-shopping...more

EU Commission Breaks New Ground by Fining German Carmakers for Participation in a Cartel Restricting Technical Development

Wilson Sonsini Goodrich & Rosati on 7/29/2021

The European Commission (EC) issued a EUR 875 million (USD 1.05 billion) cartel fine against German carmakers, namely BMW, Audi, Porsche, and Volkswagen (the latter three are all part of the Volkswagen Group). Daimler was...more

Financial Daily Dose 6.22.2021 | Top Story: EU Opens Antitrust Probe into Google’s Ad Services

Robins Kaplan LLP on 6/22/2021

EU antitrust officials are targeting Google for “potentially abusing its dominance in the online advertising market to box out competition”—all part of a “broader push by the European authorities to clamp down on the world’s...more

EU-UK Antitrust Enforcement and Cooperation

Skadden, Arps, Slate, Meagher & Flom LLP on 3/4/2021

The Trade and Cooperation Agreement (TCA) governing post-Brexit trade relations between the UK and the EU includes provisions regulating EU-UK antitrust enforcement and cooperation effective 1 January 2021....more

German Antitrust Law Amendment Entered into Force: "Digitalization Act" Establishes New Antitrust Rules for the Digital Economy

WilmerHale on 1/22/2021

The 10th amendment to the German Act against Restraints of Competition (ARC) - also called the “Digitalization Act” - became effective on January 19, 2021. In a previous alert, we discussed the key aspects of the...more

New Antitrust Rules for the Digital Economy: German “Digitalization Act” Nears the Finish Line

WilmerHale on 12/14/2020

Europe’s first legislative proposal addressing the digital economy and related competition issues is one step closer to becoming a reality: In September 2020, the German government approved the highly anticipated 10th...more

Impact of COVID-19: New Exemptions Under Antitrust Law

Latham & Watkins LLP on 10/5/2020

EU/EFTA/ECN – On 23 March 2020, the competition authorities in the European Competition Network (the European Commission, the EFTA Surveillance Authority, and the national competition authorities of the EU/EEA) issued a Joint...more

Taiwan in the changing global landscape - Europe again has the technology sector in its target zone (Guidance for Taiwanese...

White & Case LLP on 9/23/2020

For many years, the European Commission (the Commission) has been the global leader in applying antitrust law to the technology sector. This year is no exception. Indeed, there have been a number of new European enforcement...more

European Competition Law Newsletter – September 2020

McGuireWoods LLP on 9/4/2020

EU, UK Competition, State Aid and Public Procurement Law During COVID-19 - While not the most important concern, it should be appreciated that antitrust/competition law, plus the state aid and public procurement rules,...more

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European Union › Abuse of Dominance

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