Winston & Strawn Antitrust and Competition - The EU Weekly Briefing, Volume 1, Issue 11

Volume 1, Issue 11
Monday 21 January, 2013

Antitrust and Competition – The EU Weekly Briefing

UK High Court suspends damages action against Servier due to ongoing European Commission investigation. The UK High Court has published its judgment ordering that a damages action brought by the UK Secretary of State for Health against Servier Laboratories and other Servier companies (together, Servier) be stayed. The claimants are alleging in the UK High Court that Servier has acted in breach of Articles 101 and 102 TFEU by delaying the generic entry of the drug perindopril. The European Commission (Commission) is currently investigating similar and overlapping practices by Servier, issuing a Statement of Objections to Servier in July 2012 (COMP/39612 – Perindopril (Servier)). The judgment suspends the standard disclosure process in the UK High Court until 14 days after the conclusion of an Oral Hearing in the context of the Commission investigation. The trial will only commence once the Commission’s proceedings have been concluded (Case No: HC11C01423 - The Secretary of State for Health and Others - and - Servier Laboratories Limited, Servier Research and Development Limited, Les Laboratoires Servier SAS and Servier SAS [2012] EWHC 2761 (Ch), Judgment dated 12 October 2012).

Phase I Clearance

M.6681 – Strategic Value Partners / Kloeckner Holdings (11.01.2013).
M.6695 – Azoty Tarnów / Zaklady Azotowe Pulawy (18.01.2013) (simplified procedure).
M.6709 – Alpha Group Investments / Janoland Properties / NEU Property Holdings / Liberty Mall (14.01.2013) (simplified procedure).
M.6747 – Energie Steiermark / Steweag Steg (15.01.2013) (simplified procedure).
M.6805 – Apollo / Aurum Holdings (15.01.2013) (simplified procedure).
M.6814 – Elavon / Banco Santander / JV (14.01.2013) (simplified procedure).

OFT announces Barclays Bank plc / ING Direct N.V. clearance. The text of this decision will be placed on the OFT's website at www.oft.gov.uk as soon as is reasonably practicable (17.01.2013).

Ofwat accepts binding commitments from Severn Trent closing Chapter II investigation. The case concerned an allegation of predatory pricing relating to the supply of water analysis services and cross subsidy. The Commitments require Severn Trent Water to in-source its water analysis services and make certain divestments. This is the first time that Ofwat has accepted commitments under section 31A of the Competition Act 1998 (Ofwat Decision, 17.01.2013) (IB 02/13).

NOTABLE DEVELOPMENTS IN OTHER JURISDICTIONS

FTC Announces 2013 Revised Jurisdictional Thresholds for Hart-Scott-Rodino Act Premerger Notifications. Please click here to view a client briefing regarding the FTC’s revised HSR thresholds.

PUBLICATIONS / CONSULTATION

DG COMP Consultation on draft Regional State Aid (RAG) Guidelines for 2014-2020. Period of consultation from 14.1.2013 to 11.3.2013 (HT.3127 – Public consultation regional aid).

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