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The search returned 5 results.

Sped-Pro v Commission: Beware of the Rule of Law journal article

Rita Ferreira Gomes

European Competition and Regulatory Law Review, Volume 7 (2023), Issue 1, Page 76 - 79

Case T-791/19 Sped-Pro v Commission, Judgment of the General Court (Tenth Chamber, Extended Composition) of 9 February 2022 With its judgment of 9 February 2022, the General Court annulled a Decision of the European Commission rejecting an antitrust complaint submitted on the grounds of systemic or generalised deficiencies in the rule of law in one Member State. According to the judgment, there should be a limit to the principle of mutual trust and cooperation among Member States within the European Competition Network. This judgment created not only a precedent, but also a powerful protection tool to be used in the future to safeguard of the rule of law.

Aspen: The European Commission’s First Decision on Excessive Pricing in the Pharmaceuticals Sector journal article

Kalpana Tyagi

European Competition and Regulatory Law Review, Volume 6 (2022), Issue 2, Page 173 - 179

Case AT.40394 Aspen, Commission Decision of 10 February 2021 On 10 February 2021, the Commission entered into a settlement decision with Aspen under Article 9 of Regulation 1/2003. The Commission investigated 'excessive pricing' by the South Africa-headquartered Aspen in six off-patent cancer drugs in the European Economic Area (EEA). These drugs had been off-patent for well over 50 years, and there seemed no rational prima facie justification for their unfairly high prices. This case note offers a critical discussion on the Commission’s case and Aspen’s well-planned strategy to systematically and uniformly increase prices across the Member States.

Has the CJEU’s Slovak Telekom Ruling Declared the Principle of Ne Bis in Idem Virtually Redundant in Cases of Parallel Public Enforcement of EU Competition Law? (C-857/19 Slovak Telekom) journal article

Francesco Rizzuto, Monika Lynch

European Competition and Regulatory Law Review, Volume 5 (2021), Issue 2, Page 162 - 171

Case C-857/19 Slovak Telekom a.s. v Protimonopoly Urad Slovenskej Republiky, Judgment of the Court of Justice of the European Union of 25 February 2021 In this ruling the Court of Justice of the European has established two key rules that taken together with previous rulings of the Court amount to rendering virtually redundant the principle of ne bis in idem as a defense in the parallel enforcement of competition law in the European Union under Regulation 1/2003. First, it has clarified that the same abusive conduct may constitute a series of separate offences where the abuse concerns distinct products and prosecuting and sanctioning them separately would not be incompatible with the principle of ne bis in idem. Secondly, it ruled that where the Commission relieves a national competition authority of a case, only the Commission decision prevails regardless of the stage or status of proceedings conducted by the national competition authority. The implications for the liability of undertakings may be far-reaching.

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