Competitive Edge: Competition & EU Law August 2022
Written By
Partner
Denmark
I'm a partner and co-head of our international Competition & EU group. I also lead the Competition & EU team in Denmark. I have a particular focus on applying competition & EU law as a tool to achieve specific and measurable business objectives for our clients.
Partner
Netherlands
I am a partner in our NL office, based in The Hague, where I was one of its founding lawyers in 2001.
Keeping you up to date on Competition & EU law developments in Europe and beyond
Read the full news letter here
In focus
Badmouthing your competitor’s products: Commission investigation indicates that so-called disparagement claims in the market could be considered stand-alone abuses of dominance
On June 20 2022, the European Commission published the opening of an investigation into a possible anticompetitive disparagement campaign by a Swiss-based manufacturer of products for treatment of iron deficiency (case AT.40577).
The Commission is investigating allegations that the manufacturer has spread misleading information about its closest competitor in Europe. In particular, the Commission is concerned that the manufacturer may have pursued a misleading communication campaign, primarily targeting healthcare professionals.
This development is particularly notable as it involves two originator manufacturers and will, if a decision is adopted, not only contribute to clarifying how a disparagement abuse is defined legally at European level, but is also likely to set out principles applicable to biosimilars as well.
Updates from our jurisdictions
EU
European Commission takes stock on 2021 activities and sets out key priorities for the year ahead
Read the full storyFor more information, please contact Hein Hobbelen or Samuel Berneman
Australia
Not what the doctor ordered: Authorisation application withdrawn for pharma patent settlement
Read the full storyFor more information contact For more information contact Thomas Jones, Jane Owen, Matthew Bovaird or Patrick Cordwell
China
New Perspectives of Anti-monopoly Law in China
Read the full storyFor more information contact Serena Du or Sven-Michael Werner
Czech Republic
Czech Competition Office traces compliance with upcoming rules on trade practices in food and agricultural sector
Read the full storyFor more information contact Vojtěch Chloupek or Martin Taimr
Denmark
When the gloves come off - member of chain of independent clothes stores to be fined directly by the Danish Competiton Authority under new powers
For more information contact Morten Nissen or Alexander Brøchner
Finland
Final judgement on the Finnish insulation price fixing cartel
For more information, please contact Petteri Metsä-Tokila or Maria Karpathakis
France
Neighbouring rights: The French Competition Authority accepts Google's commitments
For more information contact Thomas Oster and Claire Burlin
Netherlands
Dutch regulator wants better functioning markets for IT-healthcare
For more information, please contact Pauline Kuipers and Reshmi Rampersad
Poland
Distribution system of IT infrastructure products targeted by UOKiK
For more information, please contact Szymon Golebiowski or Stanisław Szymanek
UK
Reconciling the CAT’s recent judgment on Compare the Market with the new hardcore status of wide MFNs
For more information, please contact Luca Koenes, and Ariane Le Strat and Saskia King
Bird & Bird news and publications
Who's Who Legal: Competition 2022
Congratulations to our partners who were recommended in the GCR Who's Who Legal – Competition 2022 guides:
- Dr. Jörg Witting: Global leader - Competition, State Aid and National Leader (Germany) - Competition
- Jose Rivas: Thought Leader – Competition, State Aid and Global Leader – Competition, State Aid
- Anne Federle: Thought Leader – Competition and Global Leader - Competition
- Hein Hobbelen: Global Leader – Competition, State Aid
- Pauline Kuipers: Global Leader – Competition
- Peter Willis: Global Leader – Competition
- Scott McInnes: Future Leader – Competition
Partner appointed advisor on new European Innovation Agenda
We are delighted to announce the appointment of Dr. Federico Marini-Balestra LL.M as advisor to the European Economic and Social Committee (EESC) for the committee’s work on INT/996 – A new European Innovation Agenda.
In this role he will assist the rapporteur on drafting the EESC opinion on the EU Commission's communication of 5 July 2022, which explains the EU initiatives to foster innovation and creativity, to nurture deep tech start-ups and to attract talent in the EU.
For more information, please contact Federico Marini Balestra
Updated eLearning course on competition rules for Supply and Distribution
On June 1st the new competition regime for distribution in the EU came into force, affecting businesses that distribute products in the EU. If your company needs training on the new regime, we would be happy to help.
Our eLearning course on Supply & Distribution competition rules has also been updated to reflect the new regime. Watch a short demo video of the eLearning course here.
Get in touch with your local Bird & Bird Competition & EU lawyer if you have specific questions or would like to explore opportunities that the new regime may open up for your business.
Webinar & events
Lear Competition Festival 2022
21 - 23 September 2022
Rome
This festival in Rome is a hub that gathers innovation, networking, and exciting opportunities for the antitrust community. It brings together all the stakeholders of the antitrust field – competition authorities, regulatory agencies, international organizations, universities, law firms, companies – in plenary sessions organized by Lear and in parallel sessions organized by the LCF Partners.
During the three-day festival, participants will have the opportunity to gain a deeper understanding of specific antitrust issues, to acquire new tools for legal and economic analysis and to network with the main players in the competition field.
Morten Nissen will be chairing the panel session Recent Antitrust Developments in the EU and the US with panelists Assimakis Komninos and William E. Kovacic.
Find out more
Women in Tech Podcast series - in Conversation with Legal Leaders
Episode 1: Inderpreet Sawhney, GC at Infosys
In this podcast, Bird & Bird’s International HR Services Partner Catharina Klumpp, based in our Dusseldorf office, chats to Inderpreet Sawhney, General Counsel at Infosys, based in the US.
Infosys is a global leader in technology services and consulting and provides a range of digital solutions to clients in more than 50 countries. Inderpreet leads the legal function and is a strategic business partner ensuring success for Infosys in legal and regulatory matters, while spearheading its compliance and ethics program.
Inderpreet describes her personal journey in the Tech sector, how she overcame various challenges along the way, and offers advice to the next generation of legal leaders within the tech industry.
Click here to listen to the podcast
