Focus Antitrust - 14 December 2016

In The News

CMA fines Pfizer and Flynn £90 million for excessive pricing of epilepsy drug

The CMA has imposed a record £84.2 million fine on the pharmaceutical manufacturer Pfizer and a £5.2 million fine on the distributor Flynn Pharma, after finding that each charged excessive and unfair prices in the UK for phenytoin sodium capsules, an anti-epilepsy drug. The CMA has also ordered the companies to reduce their prices. Click here.

CMA provisionally clears merger of toy companies

The CMA has provisionally found that VTech's acquisition of LeapFrog will not lead to competition concerns. The CMA has found that, while the companies were close competitors, they were not each other's closest competitor and there are numerous other credible suppliers. Click here.

European Commission fines rechargeable battery producers €166 million in cartel settlement

The European Commission has fined Sony, Panasonic and Sanyo a total of €166 million for coordinating prices and exchanging sensitive information on supplies of rechargeable lithium-ion batteries, used in laptops and mobile phones. Samsung was not fined as it revealed the existence of the cartel to the Commission. All companies involved in the cartel agreed to settle the case. Click here.

EU

Articles 101 and 102

• The ECJ has handed down a judgment finding that Article 101 must be interpreted as not precluding national legislation, which makes the fees of procuradores (Spanish lawyers appearing in court) subject to a tariff which may be increased or decreased only by 12%, in respect of which the national courts merely check its strict application without being in a position, in exceptional circumstances, to derogate from the limits set by that tariff. Click here.
• The Advocate General's opinion has been issued in relation to appeals against the European Commission's readoption of the Italian concrete reinforcing bar cartel decision. The Advocate General has concluded that the appeals should be upheld as the Commission failed to issue a new supplementary statement of objections, which deprived the parties of their right to request an oral hearing. Click here.
• The General Court has upheld Tompla's appeal against the fine imposed on it in relation to the paper envelope cartel, concluding that the European Commission's contested decision failed to state adequate reasons. Click here.

UK

CMA

• The CMA has found that AMC's acquisition of Odeon and UCI cinemas in Manchester may give rise to competition concerns. The parties now have the opportunity to offer undertakings in lieu of the acquisition being referred for a Phase 2 investigation. Click here.

This article was written by Paul Stone.

For more information please contact Paul Stone on +44 (0)20 7203 5110 or at paul.stone@crsblaw.com