The EU General Court (“Court”) reduced the fines imposed on Servier SAS and its subsidiaries (“Servier”) from a total of €428 million to €315 million (see press release no. 194/18), thereby partially annulling a European Commission (“Commission”) decision.
The Court confirmed the Commission’s finding that most of Servier’s practices (patent settlement agreements including connected side deals) violated the European cartel ban (Article 101 TFEU) since they hindered the market entry of cheaper generic drugs. The Court, however, rejected the Commission’s decision on the abuse of market power by Servier (Article 102 TFEU) since the Commission did not correctly define the relevant market.
Read our client alert.
Wolfgang Schönig is a partner of Morrison & Foerster (International) LLP based in our German office in Berlin. His practice specialty is advising on IP aspects relative to transactions in, among others, the life sciences, AgTech and pharmaceuticals industry, as well as legal representation in IP disputes. Wolfgang is specialized in research and development collaborations, complex licensing agreements, technology acquisitions, know-how protection strategies, and employee invention law. Next to classical life sciences transactions, for instance relating to the development or commercialization of new products, he also advises his clients on cross-technology projects, in particular concerning digital health or smart farming. He also has substantial experience in litigating patents, trademarks and other intellectual property assets of life sciences companies, often in a multi-jurisdictional context. More ›
For more than 15 years, Andreas has been providing substantial antitrust advice on M&A strategy, representing public and private corporations in merger control proceedings before the German Federal Cartel Office and the European Commission. He has significant experience in coordinating multijurisdictional merger filings involving European, U.S., and Asian authorities. Andreas also counsels his clients on a wide range of operational issues, such as abuse More ›
Jens is a senior associate in Morrison & Foerster’s Berlin office. He advises clients in all areas of European and German competition law, including merger control filings, cartel authority investigations, cartel damage claims, distribution cartel law, antitrust compliance programs and unfair competition law. Jens has particular industry-specific experience in the areas of media, technology, telecommunication, transport and aviation. In addition, he advises in the More ›
Theresa Oehm is an associate at Morrison & Foerster’s German office in Berlin and a member of our litigation practice group. She advises clients in the technology, media and telecommunications sector on all aspects of antitrust law and regulatory law.
Her practice focuses on platform regulation, technology-specific antitrust and telecommunications law. She advises on regulatory issues, dispute resolution matters and transactions.
Prior to joining the firm More ›
Robert is a senior associate at Morrison & Foerster’s German office in Berlin. As a member of the technology transactions group, he focuses on advising domestic and foreign companies and startups in all areas of technology and IP law, including patent and software licensing, employee inventions law, as well as know-how protection. Moreover, Robert’s expertise encompasses the judicial and extra-judicial representation in matters of More ›