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EU, Competition & Regulatory bulletin July 2010

Brief Overview
Issue 34 of the EU, Competition & Regulatory bulletin.
Applicable Law
European Union, France, Hong Kong SAR, Netherlands, People's Republic of China
Reviewed
22 July 2010
Submitted
22 July 2010

Spotlight on infringements

"Inability to pay" claims - the European Commission's new approach

Companies facing swingeing fines for competition law infringements are claiming in increasing numbers that they are unable to pay.

Employee error or acts of resistance? - companies under scrutiny for alleged procedural breaches during dawn raids

The European Commission is formally investigating two cases of alleged breaches of procedure, one for obstruction, the other for breach of a seal.

Spotlight on dominance

AstraZeneca judgment underlines the broad scope of the abuse of dominance prohibition under EU law

The General Court has largely upheld the European Commission's Decision in the AstraZeneca abuse of dominance case.

French competition authority ruling on hospital and pharmacy markets

The French Competition Authority rules in the low molecular weight heparins (LMWH) case on dominant position and provision at no charge policy.

Spotlight on the Netherlands

A broader "de minimis" rule, but increased risk

A new amendment to the Dutch Competition law leaves businesses in a quandary.

Spotlight on Hong Kong and China

Hong Kong Competition Bill ready for scrutiny by the Legislative Council

Hong Kong's long awaited competition bill focuses on anticompetitive agreements and abuse of dominance, but stops short of introducing a generally applicable merger control regime.

Abuses of market dominance under the Anti Monopoly Law - the latest draft rules

The second of three articles reviewing the draft rules regulating anti competitive behaviour under China's Anti Monopoly Law takes a closer look at the Rules on Abuse of Dominance.

Spotlight on policy

The draft revised rules for assessing horizontal cooperation agreements under EU competition law

Simmons & Simmons' response to the European Commission's consultation on its proposed revisions to the horizontals regime.

For further information please contact Martin Smith or your usual contact at Simmons & Simmons.

This document is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.

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