Reverse payment settlements in the European Union after the Generics (UK) judgment – perplexing legal uncertainty

Reverse payment settlements in the European Union after the Generics (UK) judgment – perplexing legal uncertainty

By Tommi Lahtinen and Victor Pierre On January 30th, the Court of Justice (“the Court”) released its judgment in the Generics (UK) case. In a preliminary ruling procedure, the UK Competition Appeal Tribunal asked the Court to provide guidance on how to interpret Article 101 TFEU with regard to patent settlements between pharmaceutical companies. The judgment has considerable legal significance […]

Is there hope for competition in the rail sector?

Is there hope for competition in the rail sector?

The blocking of the Siemens-Alstom merger reminded everyone of the ‘pros and cons’ arguments in the debate on the liberalisation and competition in network industries. Despite the EU actions to liberalise rail markets and open them to competition, the issues relevant to incumbents who own both the rail infrastructure and freight operations are still at present. Several years ago the […]

Audit and consulting services sector to face ‘unbundling’ by competition laws?

Audit and consulting services sector to face ‘unbundling’ by competition laws?

Lately in Europe, international accounting and consulting firms have been facing a number of legal issues due to infringements of audit, finance and competition laws. After a market study, the UK’s Competition and Markets Authority (CMA) has published proposals for improvements in the auditing sector; among them, legislative amendments to split up auditing from consulting services. This ‘unbundling’ of activities […]

CoRe Podcast – Online Platforms: Competition Law & Regulation

CoRe Podcast – Online Platforms: Competition Law & Regulation

The European Competition and Regulatory Law Review presents its first podcast with speakers from the symposium “Transparency and Non-Discrimination Requirements for Online Platforms” (6 Jun 2019, Brussels). Listen to the podcast here. Are you interested in online platforms, competition law and regulation, and would like to learn more? If yes, our Symposium “Transparency and Non-Discrimination Requirements for Online Platforms: Competition […]

Are settlement proceedings the poor relation of EU antitrust policy?

Are settlement proceedings the poor relation of EU antitrust policy?

Leniency and settlement policies are crucial antitrust enforcement tools. They reward defendants’ cooperation and seek to reinforce effectiveness in law enforcement by replacing a non-cooperative equilibrium with a more cooperative dynamic between defendants and competition enforcers. As recently acknowledged by the OECD, settlements are picking up, and becoming an essential aspect of antitrust enforcement. Accordingly, a significant challenge of every […]

The principle of personal liability in the context of private enforcement: is there anything new under the sun?

The principle of personal liability in the context of private enforcement: is there anything new under the sun?

On March 14th, the Court of Justice of the European Union (CJEU) issued a ruling on a private enforcement case and lifted the veil of some of the unsettled and non-harmonised issues the Damages Directive failed to tackle. They can be shortly summarised in the following questions: who should be liable for antitrust damages and how can such liability be […]