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Your Weekly Digest | Issue 217

Valur Thrainsson
4 min read

Good morning,

Here below, you find the most recent and relevant competition and anti-trust news, blogs and journal publications over the last week.

EU opens competition investigation into Cadbury owner | BBC News
Brussels regulators are concerned that Mondelez fixed prices in EU countries.

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The CMA is proposing to introduce new guidance to cover its activities in monitoring and enforcing compliance with final merger and market undertakings and orders. Read more.
Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the combination of the Upjohn division of pharmaceutical company Pfizer and Mylan N.V. would violate federal antitrust law. Read more.
For a practice to amount to an infringement, should it be likely to restrict competition? Is capability enough? Do capability and likelihood have the same meaning? These are basic questions that,... Read more.
Rep. Katie Porter’s new report: Pharma mergers hinder cancer research and drug development | Vox
A new report from Rep. Katie Porter has an illuminating case study on the value of antitrust in health care.
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In today’s judgment in the case C‑595/18 P – Goldman Sachs v Commission, the European Court of Justice (ECJ or Court) expanded the rebuttable presumption of decisive influence relating to the parental liability doctrine. According to the parental liability doctrine, a parent company can be liable for anti-competitive conduct of its subsidiary when the parent... Read more.
Carl Shapiro and Howard Shelanski  
We study how the courts have responded to the 2010 Horizontal Merger Guidelines issued by the U.S. Department of Justice and the Federal Trade Commission. Looking at decided cases, we find that both the government and merging parties rely on the 2010 Guidelines in presenting their cases, each side respectively arguing that it should win if the court properly follows them . The 2010 Guidelines had the strongest effect on the case law in the area of unilateral effects, where a number of courts have embraced them in ways that clearly depart from earlier decisions. Read more.
Jorge Padilla, Salvatore Piccolo, Nadine Watson
This paper clarifies the differences between retail and wholesale price-parity agreements in vertical industries. In contrast to traditional wide and narrow retail price-parity arrangements, the competitive effects of wholesale price-parity depend on the complexity of the vertical supply chain, the business model operated by sellers and distributors, and the strength of competition between direct and indirect distribution channels. Read more.
This Chapter charts the development of UK competition law and policy towards vertical agreements since the Competition Act 1998 (CA98) came into force in March 2000. It traces how UK policy has evolved and notes that although early UK cases focused principally on resale price maintenance, a variety of vertical restraints have now been analysed under the rules, including restraints on online selling which have proliferated with the rapid growth of e-commerce. Read more.
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