Analysis

Germany's Facebook ruling – A treasure trove of novel issues

On 23 June 2020, Germany’s Federal Court of Justice upheld the immediate enforcement of an order by the Federal Cartel Office against Facebook, prohibiting the company from collecting user data from other Facebook-owned services or third-parties and merging them with the users’ accounts on the social network without specific consent. Debevoise & Plimpton partner Thomas Schürrle and associate Andrea Pomana explore the court’s novel 55-page reasoning and its potential implications.

28 September 2020

Exclusive: An interview with John Penrose

The UK government announced on 14 September that John Penrose MP will lead a review of the country’s competition policy, as it prepares to leave the European Union and tackle the economic shock brought on by the coronavirus pandemic. Penrose spoke to Emily Craig about updating the UK’s “analogue era” competition rules, whether the report will recommend changes to the consumer welfare standard and how to address the challenges of the digital economy.

25 September 2020

Tackling market distortions from foreign subsidies

In June, the European Commission released a white paper seeking views on three proposed new tools to give it greater control over the acquisitions and activities of foreign-subsidised companies within the bloc. White & Case partners Genevra Forwood, James Killick, Marc Israel and Axel Schulz examine the potential impact of these powerful tools and how they can address competitive distortion.

07 August 2020

Owing to coronavirus, CCI adopts “lenient” approach in admitted cartel cases

Competition authorities around the world have adopted measures to help businesses collaborate throughout the covid-19 pandemic, although they have warned against taking advantage of the health crisis. Khaitan & Co partner Sagardeep Rathi and senior associate Radhika Seth examine two recent decisions by the Competition Commission of India not to issue fines in admitted cartel cases, and what that means for cartel deterrence.

06 August 2020

Overpriced but underenforced?

Some sectors become synonymous with certain competition concerns: the construction industry has long been a breeding ground for cartels, the telecoms sector is carefully scrutinised for consolidation, and now the pharmaceutical market seems increasingly tied to the issue of excessive pricing. Yet, wary of overstepping into price regulation, few competition authorities have tried to tackle this final concern. Janith Aranze explores how and why enforcement has differed on both sides of the Atlantic – and if that is likely to change.

20 July 2020

Healthcare on life support

The Competition Commission of South Africa declared in its healthcare services market inquiry report last year that competition has “largely failed”. As the country’s government attempts to introduce universal healthcare in the face of an unprecedented global pandemic, Charley Connor asks: can increased competition help fix South Africa’s broken healthcare system, or has this inquiry come too late?

20 July 2020

Killer acquisitions

Fierce debate now surrounds whether antitrust enforcers are doing enough to protect budding innovators. During GCR Live’s second annual pharmaceuticals conference in February, a panel of antitrust lawyers who regularly advise drug makers warned against a heavy-handed merger enforcement approach that could stymie life-saving innovation.

20 July 2020

Market definition in pharmaceutical markets

Substantial interest now surrounds the topic of market definition, with some eminent economists querying whether the standard approach is fit for purpose. The debate centres around whether the definition of a relevant market is fixed at any given point in time or whether it should be shaped by the particular theory of harm being pursued. As the European Commission launches a formal consultation on the two-decade-old notice on market definition, Baker McKenzie partner Fiona Carlin examines how flexible the notion of market definition is in the pharmaceutical sector.

20 July 2020

A Q&A with KFTC chair Joh Sung-wook

Former Seoul National University professor Joh Sung-wook was tapped to head Korea’s Fair Trade Commission by the country’s president last September. Since her appointment, Joh has vowed to tackle abusive business practices by dominant conglomerates and level the competitive playing field for smaller companies. In an interview with GCR in April, she discussed the agency’s new technology task force and her role in breaking the glass ceiling for women enforcers in Korea.

20 July 2020

Delay no more?

The European Court of Justice in January provided some long-awaited clarity on how competition enforcers and national courts assess the anticompetitive nature of pay-for-delay agreements. Emily Craig examines how the court’s preliminary ruling in the Paroxetine case will affect other eagerly anticipated rulings and the future of pay-for-delay agreements.

29 May 2020

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