parliment flags

The recent decision by the US Government to pull out of the Joint Committee Plan of Action (JCPOA) and to re-impose sanctions against Iran poses a difficult question for companies in Europe (including subsidiaries of US companies): if they continue business in Iran, will they face enforcement action or imposition of secondary sanctions from the Office of Foreign Assets Control (OFAC)? However, the pressure of this question may increase if the EU introduces measures to prohibit the application of US –Read More–

On 7 June 2017, the Competition Appeal Tribunal (“CAT”) set aside parts of the Competition & Market Authority’s (“CMA”) decision in relation to the CMA’s finding that Pfizer and Flynn charged excessive and unfair prices for phenytoin sodium capsules and referred the matter back to the CMA for reconsideration. In doing so, the CAT also quashed the CMA’s record fines of nearly £90 million which it had imposed on Pfizer and Flynn. In December 2016, the CMA issued an infringement –Read More–

The Antitrust Division of the United States Department of Justice (“DOJ”) recently announced that it will spearhead an effort to create a new international antitrust enforcement framework.1  At a June 1st discussion before the Council of Foreign Relations, Makan Delrahim, Assistant Attorney General for the Antitrust Division, indicated that the DOJ, in conjunction with U.S. Department of State, the Federal Trade Commission, and other antitrust competition agencies around the world will launch what has been dubbed the Multilateral Framework on –Read More–

Over the last year, we have noted an increased crackdown by competition agencies on so-called “gun jumping” – that is, the implementation of a merger before mandatory merger clearances are received. On 31 May 2018, the European Court of Justice (“ECJ”) provided an important clarification on the scope of the gun jumping prohibition under EU merger control and held that steps taken by businesses subject to a merger review that do not give the purchaser any control over the target –Read More–