Antitrust
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Commission publishes fifth report on patent settlements in the pharma sector
5 December 2014
The Commission has published its fifth monitoring report on patent settlements.
The report relates to the 146 patent settlements concluded between originator and generic companies in the pharmaceutical sector in 2013.
This is more than in any year since 2000, except for a peak of 183 settlements in 2012, and shows that pharmaceutical companies continue to settle a high number of patent disputes in Europe.
At the same time, the number of settlements that might attract competition law scrutiny has stabilised at a low level.
The statistics demonstrate the industry's continued ability to effectively settle patent disputes in ways which do not raise antitrust concerns.
As the number of settlements has significantly increased since the Commission's competition inquiry into the pharmaceutical sector, it also shows that competition enforcement has in no way hindered companies in settling patent disputes nor driven them to litigate such disputes to the end.
Read full report >
Read more about previous reports >
Read more about competition inquiry in pharmaceutical sector >
Frequently asked questions pharmaceutical sector inquiry >
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Commission sends Statement of Objections to Pometon for suspected participation in steel abrasives cartel
4 December 2014
The Commission has informed Pometon S.p.A. that it suspects the company of having colluded with competitors on the pricing of steel abrasives in the EEA, in breach of EU antitrust rules.
Steel abrasives are loose steel particles used for cleaning or enhancing metal surfaces and for cutting hard stones.
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Mergers
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Commission opens in-depth investigation into Orange's proposed acquisition of Jazztel
4 December 2014
The Commission has opened an in-depth investigation to assess whether the proposed acquisition of Jazztel p.l.c., a telecommunications company registered in the UK but mainly active in Spain, by rival Orange S.A. of France is in line with the EU Merger Regulation.
In Spain, Orange operates mobile and fixed telecommunications networks, while Jazztel operates a fixed telecommunications network and offers mobile telecommunications services on Orange's network.
The proposed transaction would reduce the number of nationwide providers of fixed telecommunications services in Spain from four to three.
While the merged entity would not be in a dominant position, the Commission has concerns that the proposed transaction may lead to a significant loss of competitive pressure for fixed Internet access services and fixed-mobile multiple play offers.
The loss of Jazztel as an important competitive force could lead to price increases for these services for customers in Spain.
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Court
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Case C-413/13 preliminary ruling on scope of Art. 101 TFEU
4 December 2014
The EU Court of Justice ruled on questions referrred by a Dutch court regarding the application of Article 101 TFEU to specific provisions concerning self-employed musicians in a Dutch collective labour agreement for substitute musicians in orchestras.
The EUCJ held that in certain circumstances a provision of a collective labour agreement that sets minimum fees for self-employed service providers may fall outside the scope of Article 101.
This is in particular the case when the self-employed service providers that are hired as substitutes for employed workers are in a comparable situation to that of the employed workers.
It is for the referring court to determine whether this is the case in the proceedings at hand.
Read full judgment >
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Case T-57/11 state aid for electricity produced from Spanish coal
3 December 2014
The EU General Court ruled on an appeal by Castelnou against a Commission decision of September 2010 finding that compensation granted by Spain linked to a preferential dispatch mechanism for indigenous coal power plants was in line with EU state aid rules.
The GC dismissed the appeal and upheld the Commission's findings.
The GC confirmed in particular that Member States have wide discretion in defining services of general economic interest (SGEI).
The GC also held that the Commission was correct in finding that Spain had made no manifest error in defining the SGEI at hand.
Read Court's press release >
Read full judgment >
Read more about Commission's 2010 decision >
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