Articles

Greek merger control: rules of procedure and major cases 2023–2024
Marina Androulakakis
Partner, Bernitsas Law, Athens

During 2023–2024, the activity of the Greek national competition authority, the Hellenic Competition Commission (‘the HCC’), in the area of merger control has been marked by landmark rulings and decisions that are important for the Greek economy and consumers, including the first failing firm defence merger approval, setting an important precedent for the future.

FRAND developments in the Unified Patent Court: where do we stand?
Anne Marie Verschuur, Bart de Rijke and Bertrand ter Woort
De Brauw Blackstone Westbroek, Amsterdam

In November 2024 the Mannheim Local Division of the UPC handed down the first substantive decision on the licensing of standard essential patents (SEPs) on FRAND terms. The UPC had already dealt with FRAND cases in the context of procedural orders, and these developments show that the UPC is open to handling large FRAND cases, can rule on them quickly, and deal with related aspects in a practical manner.

Case Comments

Upsetting the Apple cart: another class action against Apple is certified as challenges to the App Store’s business model mount
Emma Radcliffe and Greg Dowell
Macfarlanes LLP, London

The Competition Appeal Tribunal has granted Collective Proceedings Orders in several claims against Apple, alleging abuse of dominance. These challenges reflect broader public and private enforcement trends in relation to the tech industry, where a number of key battles are yet to be fought. 

First rejection of a UK competition class action due to unsuitability of class representative
Kim Dietzel, Stephen Wisking, Ruth Allen, Naomi Reid, Joe Williams and Maura McIntosh
Herbert Smith Freehills LLP, Brussels

The UK Competition Appeal Tribunal (CAT) has refused to certify a standalone opt-out competition class action against Apple and Amazon to proceed to trial, on the basis that the proposed class representative was not suitable to represent the class of around 36 million claimants. In its judgment the CAT suggests that a consultative or advisory panel might be useful in supporting class representatives in complex litigation.

Patent settlements under EU competition law: the EU Court of Justice takes a tough stance against value transfers from originators to generics
Ingrid Vandenborre, Michael Frese, Antonio Cammalleri and Leonor Catela
Skadden, Arps, Slate, Meagher and Flom LLP, Brussels

In June 2024, the CJEU handed down two long-awaited judgments in the Commission’s perindopril case, concerning patent settlement agreements between an originator and several generic manufacturers. The Court rejected the notion that granting a licence in some markets could justify restrictions on market entry in other markets, and emphasised that any procompetitive effects in licensed markets cannot compensate for anticompetitive restrictions elsewhere.

Court of Appeal hands down decision in motor finance test case
Richard Fletcher, Alexandra Green, Andrew Perkins, Michael Sholem, Rachel Preston, Catherine Dawkins and Rachel Serene
Macfarlanes LLP, London

In its judgment of 25 October 2024, the UK Court of Appeal has dealt a blow to lenders in a motor finance test case, with implications far beyond the motor finance industry. 

Referrals post-Illumina what do we see?
Mauricette Schaufeli and Maren Klein
NautaDutilh, Amsterdam

The paradox of the Illumina/GRAIL judgment is that while it aimed for legal certainty and predictability, it has quite the opposite effect. It seems that merger control in the EU will become more fragmented than ever and will very much depend on powers included in national regimes and national choices to refer or not to refer. This will require some form of legislative change to avoid undermining the one-stop shop principle of the EUMR and the ever important integration of the internal market.

Book Review
Competition Law (11th ed) (Richard Whish and David Bailey) 
Vincent Power.

EU Current Survey
Edited by Peter Alexiadis
Catholic University of Lille and King’s College, London,
and Christoph Raab
Binder Groesswang, Vienna

Energy – Telecommunications and Digital Economy – Post – Transport

UK Current Survey
Edited by Philippa Young
Solicitor, Oxford

Broadcasting – Energy – Telecommunications – Transport.