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  24.03.2023

  Belgium

  Ma­r­ket Court pa­r­t­ly an­nu­ls Be­l­gian Co­m­pe­ti­tion Au­tho­ri­ty de­ci­sion on a hub and spo­ke in ci­ga­re­t­tes ca­se

  Following an enquiry initiated in 2017 and dawn raids carried out the same year, the Competition College of the Belgian Competition Authority concluded on 13 April 2022 its investigation into illegal exchanges of confidential commercially sensitive information via wholesalers and imposed a total of 36 million EUR of fines on four cigarette manufacturers :British American Tobacco Belgium : fine of 5.7 million EUR, Etablissements L. Lacroix Fils : fine of 7 million EUR, JT International Company Netherlands : fine of 7.2 million EUR and Philip Morris Benelux : fine of 16 million EUR.The BCA had investigated...

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  24.03.2023

  International

  CMS Eu­ro­pean M&A Stu­dy 2023: Re­co­rd nu­m­ber of dea­ls la­st year de­s­pi­te cha­l­le­n­gi­ng eco­no­mic ba­c­k­d­rop

  The CMS Corporate/M&A Group is pleased to launch the 15th edition of the European M&A StudyIt has been a challenging year for M&A in view of rising inflation and interest rates, slowing growth and increased geopolitical tension, which have added up to a difficult macroeconomic environment. However, there have been plenty of deal opportunities, as demonstrated by the fact that our study covers a record 509 M&A transactions on which CMS advised in 2022. In a difficult M&A market, we are pleased with this result, which reflects the strength of our corporate offering throughout...

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  23.03.2023

  Europe

  Eu­ro­pean Pa­te­nt Of­fi­ce (EPO) di­g­gi­ng its hea­ls in over the need for de­s­c­ri­p­tion ame­n­d­me­n­ts, but how to do this re­mai­ns a cha­l­le­n­ge

  As a complement to the 10th edition of the EPO "Case Law of the Boards of Appeal" (CLB), the EPO has published an Annual Review containing summaries of decisions from 2022. The review provides a thematic overview of selected decisions of the boards of appeal published in 2022. There are a number of notable decisions in the summary including those concerning the controversial topic of bringing the description into line with amended claims.BackgroundIn October 2020, CMS published an article ‘New EPO Guidelines expected regarding amending a description: what’s all the fuss about?’,...

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  22.03.2023

  Europe

  Eu­ro­pean Pa­te­nt Of­fi­ce (EPO) le­vel of di­s­c­lo­su­re re­qui­red for an­ti­bo­dies - fi­r­st me­di­cal use

  As a complement to the 10th edition of the EPO "Case Law of the Boards of Appeal" (CLB), the EPO has published an Annual Review containing summaries of decisions from 2022. The review provides a thematic overview of selected decisions of the Boards of Appeal published in 2022. There are a number of notable decisions in the summary, although it has been a somewhat quiet year for significant decisions in the antibody area.  Most decisions in this technical area consolidate what is now fairly settled practice at the EPO for antibody cases, where inventive step continues to be a major challenge....

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  22.03.2023

  Europe

  Is a pa­tie­nt in a cli­ni­cal trial co­n­si­de­red to be a me­m­ber of the pu­b­lic in the co­n­te­xt of no­ve­l­ty prior art?

  In T 0670/20, the question was whether the internal structure of medicinal tablets had been made available to the public by patients taking part in clinical trials involving administration of the tablets. The Appeal Board found that the patients participating in the trial had entered into a special relationship with the investigators of the trials and were not free to dispose of the tablets. Accordingly, the patients were not members of the public for novelty purposes.However, the Board acknowledged that the patients were not under a duty of confidence with respect to their participation to the...

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  22.03.2023

  Belgium

  Be­l­gian Co­m­pe­ti­tion Au­tho­ri­ty pu­b­li­shes ami­cus cu­riae on abu­ses of do­mi­na­n­ce and of eco­no­mic de­pe­n­de­n­cy in the te­le­hea­l­th se­c­tor

  On 20 March 2023, the Belgian Competition Authority (BCA) published the amicus curiae rendered in an injunction action brought before the Business Court of Brussels by Tunstall against Victrix in the telehealth sector. Based on BCA’s amicus curae and the facts at hand, in July 2022 the Business Court rejected the claim of abuse of dominance due to the absence of Tunstall’s dominant position, but ruled that Tunstall was abusing the position of economic dependence of Victrix and Télé-Secours.Tunstall supplies telecare software to call centres such as Télé-Secours,...

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