Competitive Edge: Competition & EU Law August 2022

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.

Read the full story 

Updates from our jurisdictions

EU

European Commission takes stock on 2021 activities and sets out key priorities for the year ahead

For more information, please contact Hein Hobbelen or Samuel Berneman

Australia

Not what the doctor ordered: Authorisation application withdrawn for pharma patent settlement

For 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

For 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

For 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

Read the full story

For more information contact Morten Nissen or Alexander Brøchner

Finland

Final judgement on the Finnish insulation price fixing cartel

Read the full story

For more information, please contact Petteri Metsä-Tokila or Maria Karpathakis

France

Neighbouring rights: The French Competition Authority accepts Google's commitments

Read the full story

For more information contact Thomas Oster and Claire Burlin

Netherlands

Dutch regulator wants better functioning markets for IT-healthcare

Read the full story

For more information, please contact Pauline Kuipers and Reshmi Rampersad

Poland

Distribution system of IT infrastructure products targeted by UOKiK

Read the full story

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

Read the full story

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.

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.