Future prohibition on territorial supply constraints would expand EU law to prohibit certain unilateral conduct by large manufacturers....more
5/29/2025
/ Antitrust Provisions ,
Competition ,
EU ,
European Commission ,
Goods or Services ,
Manufacturers ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
Retail Market ,
Retailers ,
Suppliers ,
Supply Chain
China's State Council issued new Anti-Monopoly Guidelines for the Pharmaceutical Sector (the "Guidelines") effective January 24, 2025. The Guidelines provide a comprehensive framework for the State Administration for Market...more
2/3/2025
/ Acquisition Agreements ,
Anti-Monopoly ,
Antitrust Provisions ,
China ,
Competition ,
Enforcement Actions ,
Healthcare ,
Life Sciences ,
Merger Agreements ,
Merger Controls ,
Merger Reviews ,
Monopolization ,
Pharmaceutical Industry ,
Resale Price Maintenance (RPM) ,
State Administration for Market Regulation (SAMR) ,
Unfair Competition
The Situation: To address a perceived enforcement gap, the European Commission ("EC") has issued guidelines expanding the types of non-reportable transactions subject to its "upward referral mechanism," which permits EU...more
To minimize antitrust risk, dual distribution requires caution in coordination between a supplier and retailers.
The UK's Competition and Markets Authority ("CMA") will fine Leicester City Football Club ("LCFC") up to...more
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
The European Parliament ("EP") and Council formally adopted the Digital Markets Act ("DMA") in July 2022, imposing new behavioral obligations on large digital platforms qualifying as "gatekeepers." The final agreement...more
Following an extended review, the European Commission ("Commission") has adopted revised competition law exemptions and guidance applicable to agreements in the vertical supply chain.
EU antitrust law prohibits certain...more
5/16/2022
/ Anti-Competitive ,
Antitrust Provisions ,
Competition ,
European Commission ,
Goods or Services ,
New Guidance ,
Regulatory Reform ,
Safe Harbors ,
Supply Chain ,
Vertical Agreement ,
Vertical Block Exemption Regulation (VBER)
The Background: The European Commission ("Commission") recently unveiled long-awaited draft revisions to its Vertical Block Exemption Regulation ("VBER") and Vertical Guidelines. The VBER includes safe harbors that exempt...more
8/12/2021
/ Antitrust Provisions ,
Competition ,
Corporate Counsel ,
EU ,
European Commission ,
International Trade ,
Most-Favored Nations ,
Safe Harbors ,
Sales & Distribution Agreements ,
Supply Chain ,
V-BER (Vertical Block Exemption Regulation)