What does Abuse of dominance mean? Abuse of dominance describes anti-competitive conduct by an undertaking with substantial market power that harms competition or consumers by excluding rivals or exploiting customers. It is prohibited in the UK by the Competition Act 1998, s.18 (the Chapter II prohibition), which catches abuse that may affect trade within the United Kingdom; in Ireland by the Competition Act 2002, s.5, and by Article 102 of the Treaty on the Functioning of the European Union (TFEU) where trade between Member States is affected. In competition law, the scope of “dominance” and “abuse” is mainly developed in case law. Assessment turns on market...
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CASE HUB ARCHIVED – this page captures the status as at the 14 March 2019 decision and is not being updated. For more, see the timeline, commentary and related cases.
CMA Article 102 TFEU/Chapter II probe concerning Merck Sharp & Dohme Limited, regarding suspected Abuse of dominance via an anti-competitive discount programme for Remicade (a type of biological medicine known as infliximab).
On 14/03/2019, the CMA ended the case and delivered a ‘no grounds for action’ decision. This followed the case decision group’s view that MSD’s scheme was not likely to restrict competition from rivals.
Merck Sharp & Dohme Limited (MSD) is a pharmaceutical company, ultimately owned by Merck & Co., Inc., a US-based global pharmaceutical group, and one of the largest pharmaceutical companies worldwide.
The CMA commenced its investigation on 1 December 2015. A statement of objections was sent on 23 May 2017 to MSD and its...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...