Winter 2011, Volume 2, Number 1

In this issue: Last September, we published an issue, sponsored by Guest Editor Paul Lugard, on the EC’s Draft Guidelines for Horizontal Agreements. In December, the EC published the final version. Once again, with Paul’s help, we’ve taken a comparative look at the two, to see where concerns were addressed—and where they weren’t. The issue […]

Paul Lugard, Feb 18, 2011 Following a consultation process of more than two years, the European Commission has now adopted its Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements (the “Horizontal Guidelines”). The new Horizontal Guidelines include a significantly revised chapter on […]

Herbert Hovenkamp, Dec 13, 2011 In Lundbeck the Eighth Circuit affirmed a district court’s decision approving a merger of the only two drugs authorized to treat a rare but serious heart condition in infants. When the acquisition occurred Lundbeck owned a patented drug called Indocin IV, which at the time was the only drug approved […]

Paul Lugard, Feb 18, 2011 Following a consultation process of more than two years, the European Commission has now adopted its Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements (the “Horizontal Guidelines”). The new Horizontal Guidelines include a significantly revised chapter on […]

Jorge Padilla, Feb 11, 2011 This note sets out my comments to Section 7 of the Guidelines on the applicability of Article 101 of the TFEU to horizontal co-operation agreements (“Guidelines”) and, in particular, to the criteria for assessment of standardization agreements which (a) involve intellectual property rights (“IPR”), (b) establish technical interoperability and compatibility […]

Donncadh Woods, Feb 14, 2011 On December 14, 2010, the European Commission adopted revised EU competition rules for production agreements, research and development agreements, and other types of commercial cooperation agreements between competing undertakings. The revised block exemption regulations for research and development agreements (“R&D BER”) and specialization agreements (“Specialization BER”) and the revised Horizontal […]

Axel Gutermuth, Feb 14, 2011 On December 14, 2010, the European Commission adopted revised EU competition rules for production agreements, research and development agreements, and other types of commercial cooperation agreements between competing undertakings. The revised block exemption regulations for research and development agreements (“R&D BER”) and specialization agreements (“Specialization BER”) and the revised Horizontal […]

Lars Kjolbye, Feb 11, 2011 The Commission must be commended for having issued new Guidelines on horizontal cooperation agreements that, in terms of the analytical framework, in many ways is a clear improvement over the previous version of the Guidelines. The Commission makes clear in the new Guidelines that the analysis of horizontal cooperation agreements […]

Andreas Reindl, Feb 11, 2011 In December 2010 the Commission adopted the revised Horizontal Guidelines with a new chapter on information exchanges. The draft Guidelines already proposed sound principles for the analysis of information exchanges, as I explained in my earlier comment. I believe that the final text is a further improvement on the draft […]

Mathew Heim, Feb 11, 2011 Guidelines issued by the European Commission can provide an important complement to the modernization of Europe’s competition regime. Instituted by Regulation 1/2003, modernization did away with the system of prior notification to the European Commission competition authority, making undertakings themselves responsible for assessing the legality of their business practices. Guidelines […]

Richard Taffet, Feb 11, 2011 The European Commission has now issued its Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements (the “Guidelines“). The final version of Chapter 7 of the Guidelines reflects significant modifications from the draft released last year, and appear […]