Media / Competition & Regulatory

EU Commission Clarifies the Application of EU Competition Law to “Pay for Delay” Imposing Substantial Fines on Pharma Companies, Teva and Cephalon

In its latest “pay for delay” decision the EU Commission sends out a very clear signal that the form of the payment received from a patent holder and made to a potential generic entrant does not matter. Unlawful “pay for delay” agreements do not only exist where there is a cash payment. What matters is that value is being transferred […]

Google’s New Privacy Tools Technology Prompts CMA Complaint  

Markets that are tipped can seldom recover even in the face of a determined regulator like the Competition & Markets Authority, UK’s principal competition regulator. That was also the lesson the EU Commission learnt with the Microsoft case over Windows Media player many years ago. However, a coalition of leading technology and publishing companies styled Markets for an Open Web […]

Essential Pharma Offers Commitments to CMA to Ensure Continuity of Supply to NHS of Critical Bipolar Drug

On 12th October we reported that the Competition and Markets Authority (CMA) had launched a competition law investigation into Essential Pharma on the basis that the firm may have abused its dominant position by proposing to withdraw the supply of bipolar drug, Priadel, to UK patients. See link to previous story here: If Priadel was withdrawn, this would require […]

Landmark CMA Decision on Wide MFN Clauses sees £18 million fine on Price Comparison Website, ComparetheMarket

Introduction In a landmark decision dated 19th November 2020 the UK’s principal competition regulator, the Competition & Markets Authority, fined price comparison website, ComparetheMarket (“CTM”) £17.9 million for breaching Chapter 1 of Competition Act 1998 and Article 101(1) TFEU for entering into a network of wide most favoured nation clauses (“MFN”) sometimes known as price parity clauses with a some […]

UK Government Publishes Most Radical Update of Foreign Investment Regime for 20 Years in its New National Security & Investment Bill- a UK version of CFIUS?

Introduction The UK Government on 11th November 2020 published its long awaited National Security & Investment Bill (“the Bill”) which sets out radical new measures to protect the UK from malicious foreign investment and strengthen the country’s economic resilience. The Government’s proposed new regime updates the UK’s current powers contained in the Enterprise Act 2002 which are now almost 20 […]

EU Commission Starts Formal Competition Law Proceedings Against Amazon for Alleged Abusive Use of Seller Data on its Marketplace Platform

On 10 November 2020, the European Commission announced that it has sent a Statement of Objections to Amazon alleging that Amazon’s use of sensitive data from independent retailers who sell on Amazon Marketplace breaches Article 102 of the Treaty for the Functioning of the European Union (“TFEU”) (“Seller Data SO”). The Commission is alleging that Amazon has abused its dominant […]

Bidder’s Payment Systems Can Be Taken Into Account in the Procurement of Major Government Contracts

The Cabinet Office has recently published a new Procurement Policy Note PPN 07/20 (PPN 07/20) together with associated Guidance. Please see The new notice sets out how payment approaches of tenderers can be taken into account in the procurement of major government contracts and replaces PPN 04/19 from 1 April 2021. Policy Note 04/19 had previously set out new […]

Commission Publishes Important Policy Paper on Revision of the Vertical Agreements Block Exemption

Introduction On 23 October 2020, the European Commission published an Impact Assessment for consultation which reviewed possible policy options for a revision of Regulation 330/2010, the Vertical Agreements Block Exemption regulation (“VABE”). This paper has been in preparation for the last 2 years as the Commission has taken into account the views of manufacturers, brand owners, platform owners, distributors as […]

UK Reach: Getting Ready for the UK’s New Independent Chemical Regulatory Framework

UK REACH, the UK’s new independent chemicals regulatory framework takes effect from 1 January 2021 following the expiry of the Brexit Implementation Period. This means that anybody that makes, sells, or distributes chemicals in the UK and the EU needs to abide by both the UK REACH and EU REACH rules. Companies need to review their operations and supply chains […]

Ofcom Issues Statement of Objections Against Motorola and Sepura for Alleged Exchange of Competitively Sensitive Information Over UK Emergency Services Procurement

On 23rd October Ofcom, the UK Communications regulator and concurrent competition regulator, issued a Statement of Objections (“SO”) to Motorola Solutions UK Limited (“Motorola”), its ultimate parent company Motorola Solutions Inc., and Sepura Limited (“Sepura”) alleging that they had breached UK and EU competition law. The SO sets out the regulator’s provisional view that the parties infringed Chapter 1 of the […]