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OFT investigates pharma sector patent settlement agreements

25 November 2011 | Paul Gershlick

The Office of Fair Trading has announced that it is investigating patent litigation agreements relating to paroxetine. Paroxetine is a medicine used in the treatment of disorders such as depression and...

Tags on this discussion: agreement agreements anti-competition anti-competitive Article 101 Article 102 breach of competition law Chapter I Prohibition Chapter II Prohibition commercial commercial agreement commercial agreements commercial law Competition Act Competition Act 1998 competition law competition law breach EC Treaty generic generic drugs generics Intellectual property intellectual property rights IP IPR Office of Fair Trading OFT patent patent law patent settlement Patents pharma pharma products pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical market pharmaceutical patents pharmaceutical products pharmaceutical sector Restriction Restrictions restrictive TFEU Treaty Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union

OFT consults on new penalty regime of 30% of turnover for competition law breaches

31 October 2011 | Paul Gershlick

The Office of Fair Trading, the UK’s competition law regulator, is consulting on proposals to revise its guidance as to the penalties for breaching the Competition Act 1998. Currently, organisations...

Tags on this discussion: abuse of dominance abuse of dominant position agreement agreements anti-competition anti-competitive anti-trust breach of competition law cartel commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition Competition Act competition law competition law breach competition law regime competition regime contract contracts fine leniency market abuse market sharing Office of Fair Trading OFT price fixing unenforceable void

Sky may have reached the limit as Competition Commission provisionally rules satellite giant restricting film choice through exclusivity deals

29 August 2011 | Paul Gershlick

Sky is too controlling of the pay-TV film rights in the UK and this is restricting competition, contrary to UK competition law, according to a provisional ruling from the Competition Commission. The Commission...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust breach breach of competition law commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition Competition Act Competition Act 1998 Competition Commission competition law competition regime contract contracts illegal pay tv satellite satellite tv unenforceable

OFT fines supermarkets and dairy processors £50m for exchanging sensitive price data

22 August 2011 | Mark Weston

The Office of Fair Trading has imposed fines totalling £50m on Asda, Safeway, Sainsbury’s and Tesco together with five dairy processors after the supermarkets had indirectly exchanged retail pricing...

Tags on this discussion: agreement agreements anti-competition anti-competitive breach breach of competition law Chapter I Prohibition commercial agreement commercial agreements Commercial contract commercial contracts commercial law Competition Act Competition Act 1998 competition law competition regime contract contracts fine illegal infringement Office of Fair Trading OFT unenforceable

OFT points to successful impact of first abuse of dominance fines under Competition Act in Napp Pharmaceuticals case

26 June 2011 | Paul Gershlick

The Competition Act 1998 came into force in 2000. Under it, the Office of Fair Trading can impose large fines and declare void arrangements that are either agreements between undertakings whose object...

Tags on this discussion: abuse abuse of dominance abuse of dominant position agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 102 Article 81 Article 82 breach of competition law Chapter I Prohibition Chapter II Prohibition commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition Competition Act Competition Act 1998 Competition Commission competition law competition law breach competition law regime competition regime competitor contract contracts dominant position EC Treaty excessive pricing fine illegal Office of Fair Trading OFT OFT investigation pharmaceutical pharmacies pharmacy predatory pricing TFEU Treaty Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable unlawful void

European competition law defence needs to be supported by detailed evidence to avoid contract breach – A Nelson v Guna, High Court

27 May 2011 | Paul Gershlick

Nelsons supplied Bach Flower Remedies. Guna had been its distributor in Italy. Their distribution agreement had included several restrictions including a ban on Guna from advertising for orders from outside...

Tags on this discussion: agreement agreements anti-competition Article 101 Article 81 breach breach of competition law breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competi competition Competition Act Competition Act 1998 competition law competition regime competitor contract contracts distribution agreement EC Treaty EU EU law Euro defence Europe European law High Court TFEU Treaty Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable void

OFT issues largest ever fine for abuse of dominance – to Reckitt Benckiser for de-listing out-of-patent Gaviscon product from NHS prescription channel before generic product appeared

5 May 2011 | Paul Gershlick

The Office of Fair Trading has issued its largest fine for an abuse of a dominant position, contrary to the Chapter II Prohibition of the Competition Act and Article 102 of the Treaty on the Functioning...

Tags on this discussion: abuse of dominant position anti-competition anti-competitive anti-trust Article 102 Chapter II Prohibition Competition Act de-listing doctor doctors EC Treaty Intellectual property intellectual property rights IP NHS patent patented Patents pharmaceutical pharmacies pharmacy prescription TFEU Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union

That won’t come out in the wash – EC fines Unilever and Proctor & Gamble €315m

15 April 2011 | Simon Weinberg

Following a European Commission investigation suitably entitled ‘Purity’, Unilever and Proctor & Gamble, the consumer product companies, have been fined €315 million for fixing the price of washing...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 breach cartel Chapter I Prohibition commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition Competition Act competition law competition regime competitive contract contracts EC EU Europe European Commission European Union fine illegal price fixing Treaty of the Functioning of the European Union

OFT investigating agreements for online book pricing

9 February 2011 | Paul Gershlick

The Office of Fair Trading is investigating whether e-book pricing agreements breach UK competition law. The Chapter I Prohibition of the Competition Act 1998 prohibits agreements which have as their object...

Tags on this discussion: agency agency pricing agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 breach Chapter I Prohibition commercial agreement commercial agreements Competition Act e-books illegal Internet Office of Fair Trading OFT Online online content online shopping online trading price fixing resale price unlawful vertical agreement web web content web site web sites Website websites

Safeway asks Supreme Court to review Court of Appeal’s decision on director’s liability for competition law breach

19 January 2011 | Simon Weinberg

Following the Court of Appeal’s rejection of Safeway’s attempt to have its former directors and employees pay its fines for breach of competition law (see here), Safeway has asked the Supreme Court...

Tags on this discussion: anti-competition anti-competitive anti-trust breach breach of competition law Chapter I Prohibition competition Competition Act competition law competition regime corporate Court of Appeal Directors Directors' Duties directors' liability Employees Employers fine High Court illegal infringement Supreme Court Supreme Court application Supreme Court review unfair competition unlawful

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Latest news and views tagged Competition Act

OFT investigates pharma sector patent settlement agreements

OFT consults on new penalty regime of 30% of turnover for competition law breaches

Sky may have reached the limit as Competition Commission provisionally rules satellite giant restricting film choice through exclusivity deals

OFT fines supermarkets and dairy processors £50m for exchanging sensitive price data

OFT points to successful impact of first abuse of dominance fines under Competition Act in Napp Pharmaceuticals case

European competition law defence needs to be supported by detailed evidence to avoid contract breach – A Nelson v Guna, High Court

OFT issues largest ever fine for abuse of dominance – to Reckitt Benckiser for de-listing out-of-patent Gaviscon product from NHS prescription channel before generic product appeared

That won’t come out in the wash – EC fines Unilever and Proctor & Gamble €315m

OFT investigating agreements for online book pricing

Safeway asks Supreme Court to review Court of Appeal’s decision on director’s liability for competition law breach

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