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New twist in the Illumina/GRAIL saga: Advocate General challenges European Commission’s power to review below-threshold mergers

In a much-anticipated opinion, Advocate General Nicholas Emiliou (AG) has advised the European Court of Justice (ECJ) to set aside the General Court (GC)’s Illumina/GRAIL judgment. The AG is of the view that the European...more

European Commission sanctions first ever pharmaceuticals cartel and scores victory in pay-for-delay appeal

The European Commission (EC) has fined five pharmaceutical companies a total of EUR13.4 million for participating in a cartel concerning N-Butylbromide Scopolamine/Hyoscine (SNBB) – an active pharmaceutical ingredient (API)...more

Revised EU rules on horizontal cooperation agreements include guidance on sustainability initiatives, information exchange and...

On 1 June 2023, the European Commission (EC) adopted revised Horizontal Block Exemption Regulations on research & development agreements (R&D BER) and specialisation agreements (Specialisation BER) (jointly referred to as...more

European Commission streamlines merger review process

The European Commission (EC) has been considering procedural amendments to the EU merger control rules since August 2016. It wants to simplify the review process for deals that are unlikely to raise antitrust concerns and to...more

Digital Markets Act enters into force: a roadmap for “gatekeeper” digital platforms (UPDATED)

Following publication in the EU Official Journal, the Digital Markets Act (DMA, Regulation (EU) 2022/1925) officially entered into force on 1 November 2022. The DMA introduces new rules for the digital economy. In...more

European Commission publishes revised antitrust rules on vertical agreements

On 10 May 2022, the European Commission (EC) published the revised Vertical Block Exemption Regulation (VBER), together with the accompanying revised Guidelines on Vertical Restraints (Vertical Guidelines), which will replace...more

New EU guidance on agreements sharing health data

On 1 March 2022, the European Commission (EC) published for consultation its draft revised Guidelines on Horizontal Cooperation Agreements (Horizontal Guidelines) and draft revised Horizontal Block Exemption Regulations on...more

European Commission consults on new rules for horizontal cooperation agreements featuring sustainability agreements and data...

On 1 March 2022, the European Commission published for consultation draft revised Horizontal Block Exemption Regulations on research & development and specialisation agreements as well as draft revised Guidelines on...more

Conditional rebates under antitrust law: EU courts’ Intel rulings confirm effects-based approach

After 13 years before the EU courts, on 26 January 2022 the General Court (GC) partially annulled the European Commission’s decision finding that Intel abused its dominant position by excluding its main rival from a computer...more

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