On May 12, 2022, the Commission announced that it will phase out the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak.
ICA fines Leadiant for abusing its dominant position in the Italian market for the life-saving drugs used to treat a rare disease
On May 17, 2022, the Italian Competition Authority (the “ICA”) imposed a fine of €3,501,020 on Leadiant Biosciences Ltd. and Essetfin S.p.A. (jointly “Leadiant”) for violating Article 102 TFEU by charging excessive prices for the sale to the Italian National Health System (the Sistema Sanitario Nazionale or “SSN”) of a drug used for the treatment of Cerebrotendinous xanthomatosis (“CTX”), a rare condition that affects the human body’s ability to metabolize cholesterols.[1]
Advocate General Szpunar’s Opinion on Disclosure of Evidence Created ex novo
On April 7, 2022, Advocate General Szpunar delivered his opinion on the interpretation of Article 5(1) of Directive 2014/104 (the “Damages Directive”) and on the scope of its rules on evidence production.[1] The Advocate General called on the Court of Justice to allow national courts to require defendants to disclose evidence of a type that would require the defendant to compile or classify information rather than merely produce existing material.
Revision of Regulation 1/2003 and the Commission’s Leniency Policy
The Commission has recently revealed its plan to review two foundations of EU competition law enforcement: Regulation 1/2003 and the Leniency Policy.
Third Circuit Affirms Court Decision and FTC Effort to Block Hospital Merger
On March 22, 2022, the Third Circuit upheld a district court decision granting a preliminary injunction against Hackensack Meridian Health’s plan to acquire Englewood Healthcare, pending the outcome of an administrative trial by the Federal Trade Commission.
The Council of State Revokes Medical Oxygen Cartel Rulings and Orders a Re-assessment of the Cases
In a series of non-final judgments, published between February 15 and 25, 2022 (the “Judgments”),[1] the Council of State upheld the appeals for revocation filed by Medicair Italia S.r.l., Medigas S.r.l., Linde Medicale S.r.l., Sapio Life S.r.l. and Vivisol S.r.l. (the “Parties”), as it found a number of material errors in certain previous judgments of the same court.[2]
Revision of Vertical Rules: Further Clarity On Dual Distribution Rules?
On February 4, 2022, the Commission released a revised draft dual distribution guidance[1] within the broader context of the ongoing review of EU vertical rules.
U.S. DOJ and FTC Announce Plan to Revamp Merger Guidelines
On Tuesday, January 18th, FTC Chair Lina Khan and DOJ Antitrust Division Assistant Attorney General Jonathan Kanter held a joint press conference in which they announced ambitious plans to review and update the Merger Guidelines, targeting a release of new guidelines before the end of 2022.
Former ECB official Benoît Coeuré takes over from Isabelle de Silva as head of the French Competition Authority
On January 12, 2022, former European Central Bank official Benoît Coeuré was appointed President of the French Competition Authority (“FCA”) following his hearing by both houses of the French Parliament.[1] He was unanimously appointed by members of the Commission for Economic Affairs of the Assemblée Nationale, while the Commission for Economic Affairs of the Sénat displayed a more balanced distribution of votes (only 12 in favor out of 22 votes cast).
The Paris Court of Appeals annuls €2 million damages award to Carrefour for body care cartel
On January 5, 2022, the Paris Court of Appeals annulled a €2 million damages award that the Paris Commercial Court ordered feminine hygiene products company Vania to pay Carrefour[1] as a result of its participation in a cartel in the body care sector, which resulted in maintaining artificially high prices between 2003 and 2006, and for which Vania was fined €45.03 million by the French Competition Authority (“FCA”) in 2014.