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Eric J. Stock  (Gibson, Dunn & Crutcher)
U.S. FTC Scrutinizes Interplay Between Authorized Generics and Patent Settlements
November 14, 2011

The U.S. Federal Trade Commission has recently released two reports relating to the pharmaceutical industry. A significant theme in both reports is a concern that brand name pharmaceutical companies…

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Mika Oinonen  (Finnish Competition Authority, Finland)
Status quo of structural assumption in merger control
November 04, 2011

Public discussion on merger control in the last few years of has put the spotlight on two elements of contemporary merger analysis: market definition and market concentration, of which the former has…

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Max Findlay  (Max Findlay Associates, United Kingdom)
Little, large and not proven
November 04, 2011

The big story for British sports fans has been the recent ruling by the Court of Justice of the European Union (ECJ) in the FA Premier League / Karen Murphy case.  Effectively, the ECJ has said that…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
German FCO allows installment payment of cartel fine in mills cartel case
November 04, 2011

On October 25, 2011, the Federal Cartel Office (“FCO”) fined mills company VK Mühlen AG in the amount of € 23.8 million for price fixing and customer and market allocation with competitors regarding…

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Thomas Graf  (Cleary Gottlieb Steen & Hamilton LLP)
The Court of Justice Speaks On Licensing Of Satellite Broadcasting
October 10, 2011

On October 4, the European Court of Justice rendered its judgment in Premier League v QC Leisure. For a discussion of the background to the case and the opinion of the Advocate General see here. The…

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Frederic Depoortere  (Skadden, Belgium)
How to deal with Chinese State-owned Enterprises under the EUMR?
September 29, 2011

On 13 September, the Commission published its decision of 31 March 2011 in China National Bluestar/Elkem. After DSM/Sinochem/JV (decision of 10 May but published in June), this was the second…

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Damien Gerard  (College of Europe, Belgium)
AG Kokott’s Opinion in Toshiba: framing the application of the ne bis in idem principle in EU competition law enforcement
September 20, 2011

One of the main concerns raised by the decentralization of EU competition law enforcement related to the risk of different competition authorities prosecuting and sanctioning the same cross-border…

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Ella van den Brink  (Cleary Gottlieb Steen & Hamilton LLP)
The Dutch Beer Cases: The Value of Whistleblower Statements and the Cutback of Fines in Case of Unreasonably Long Commission Investigations
September 20, 2011

The General Court has rendered a series of judgments in the Dutch Beer Cartel case that involve a number of legal issues, including in Grolsch v. Commission on September 15, 2011 and Heineken v.…

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Max Findlay  (Max Findlay Associates, United Kingdom)
Losing one’s dignity
September 18, 2011

We all lose our temper sometimes. The trick, of course, is to get something out of it rather than drop ourselves in it. But this is sometimes easier said than done. Take the UK supermarket giant…

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Eric Barbier de la Serre  (Jones Day)
Unlimited jurisdiction: the end of a misnomer?
September 12, 2011

The past decade has seen a flurry of articles published trying to make sense of the degree of control that the EU Courts exercise on complex economic reasoning. By contrast, much less has been…

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