On 14 August 2017, the National Development and Reform Commission (“NDRC“) released a draft of the Guidelines on Pricing Conduct by Business Operators for Drugs in Shortage and Active Pharmaceutical Ingredients (“Draft Guidelines“).  NDRC is seeking comments on the Draft Guidelines until mid-September. One day later, NDRC made public the full text of its decisions…

The German Federal Cartel Office (“FCO”) has published its sector inquiry report in cement and ready-mix concrete (link to English press release). While the report targets the cement and ready-mix concrete sector and its particularities (e.g., cartel history, oligopolistic markets, vertical integration, homogenous products), it may provide some insights into the FCO’s approach in general,…

The financial crisis led to the bail out of several banks which were considered to be “too big to fail.” Considering the costs of those bail outs for the European taxpayer and in view of the importance of financial stability for the proper functioning of the EU’s internal market, the EU institutions created a new…

Background The notion of ‘undertaking in difficulty’ is a key element in State aid law because undertakings in difficulty can only received any State aid under the restrictive conditions for so-called rescue and restructuring aid. Any other form of State aid is excluded, even when competing companies that are not in difficulties can receive such…

On 28.03.2017, the Bulgarian Commission for Protection of Competition (the “Bulgarian Commission”) approved commitments by the leading Bulgarian oil companies Lukoil Bulgaria LTD; Eco Bulgaria JSC; Shell Bulgaria JSC, OMV Bulgaria LTD; NIS PETROL LTD. The ground for the initiation of the procedure concluded with the approval of commitments was the suspicion by the Bulgarian…

On 18 May 2017, the Belgian Parliament transposed the EU Damages Directive (the “Directive“) into national law by way of the Act on Damage Claims for Breaches of Competition Law (the “Act“), which was published on 12 June 2017 in the Belgian Official Gazette and came into force on 22 June 2017. The Act inserts…

Complex transactions are subject to an increased level of antitrust scrutiny by competition authorities. This often results in extended waiting periods between signing and closing – it can nowadays be one year or even longer before the parties are able to implement the deal. For the acquiring company it is often important to start planning…

After almost a decade of active enforcement, the Competition Commission of India (CCI) on June 14, 2017 came out with its first ever decision finding an enterprise to be indulging in Resale Price Maintenance (RPM).1)F/X Enterprise and Hyundai (Case No. 36 of 2014) with St. Antony’s Cars and Hyundai (Case No. 82 of 2014) http://www.cci.gov.in/sites/default/files/36%20and%2082%20of%202014.pdf…

In the European Union, Big Pharma has been operating with a target on its back for the best part of the last decade. Eight years after the conclusion of the 2008 pharmaceutical sector inquiry, it is clear that the Commission has largely been true to its stated enforcement priorities. However, the recent announcement of an…