Charles Pommiès's Latest Publications on JD Supra Law News

On 10 February 2015, China fined Qualcomm CNY6.08 billion (approx. USD975m or EUR870m) for abusive patent licensing practices and imposed several remedies on the company....
By: Charles Pommiès

The Court of Justice of the European Union (CJEU) today handed down its much-awaited decision in the Huawei v. ZTE dispute, in which it was asked to clarify whether and when standard essential patent (SEP) owners may seek and obtain injunctive...
By: Charles Pommiès

Two successive decisions from the SAIC and the NDRC, the Chinese antitrust agencies in charge of prosecuting cartels and abuses of dominance, in the same matter concerning allopurinol, a commonly used generic pharmaceutical product, have cast light...
By: Charles Pommiès

Speed read - The European Commission took into account the revenues of all Chinese SOEs active in the energy industry to establish jurisdiction for merger control of a transaction....
By: Charles Pommiès

Over the last two years, China has ramped up its efforts with antitrust enforcement. This also includes IP related abuse. But what does IP abuse mean? IP law confers the right to exclude – which means that an IP owner can choose whether or not to...
By: Charles Pommiès

China’s MOFCOM continues to actively pursue companies failing to notify deals. Three new fine decisions published on 3 May 2016 illustrate a trend toward enhanced scrutiny and greater severity. Companies are targeted irrespective of their...
By: Charles Pommiès

The three Chinese antitrust authorities – Ministry of Commerce (MOFCOM), the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC) – overall remained very active in 2016. Besides enforcing the...
By: Charles Pommiès

On 22 February 2017, at the 26th session of the Standing Committee of the 12th National People’s Congress (NPC) of China, the State Council put forth a bill to amend the Law Against Unfair Competition (LAUC). The bill was published on 26 February on...
By: Charles Pommiès

Speed read - On 23 March 2017, the Antimonopoly Commission of China’s State Council (“AMC”) published the long-expected draft Guidelines on Prohibition of Abuses of Intellectual Property Rights (“draft IPR Guidelines”) for public comments. The...
By: Charles Pommiès

European Commission (EC) President Juncker has outlined legislative measures on the screening by EU Member States of foreign takeovers and investments. The new screening system aims to improve cooperation and coordination between Member States...
By: Charles Pommiès

China’s National Development and Reform Commission released the Administration Measures for Outbound Investments of Enterprises on 26 December 2017. This legislation further streamlined the approval/filing process for outbound investments, increased...
By: Charles Pommiès

The Chinese merger control landscape evolves as MOFCOM is replaced by the newly created State Administration for Market Regulation (SAMR) as the country’s merger control agency. This change becomes fully effective on 14 May 2018 as merger control...
By: Charles Pommiès

The European Parliament approved on 14 February 2019 a new Regulation, aimed at harmonizing and coordinating the various national foreign investment screening mechanisms across the economic bloc. The Regulation does not foresee screening at EU...
By: Charles Pommiès

The table below sets out an overview, based on our current awareness of the position as regards foreign investment control, of the different approaches being taken by authorities around the world in response to the Covid-19 coronavirus pandemic. It will be updated regularly to track the situation as it evolves. Please see full Publication below for more information....
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The European Commission published on 19 April 2021 a template notification form that EU Member States should use in the context of the cooperation mechanism put in place by the EU FDI Regulation....
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On 5 May 2021, the European Commission (EC) published a draft Regulation aimed at remedying distortions in the EU single market caused by companies receiving subsidies from non-EU entities. Please see full Publication below for more information....
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This newsletter is a summary of the antitrust developments we think are most interesting to your business....
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The tightening of controls on foreign direct investment (FDI), on national security or national interest grounds, is having a significant impact on technology transactions – a trend that is only likely to grow....
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On 1 March 2022, the European Commission published for consultation draft revised Horizontal Block Exemption Regulations on research & development and specialisation agreements as well as draft revised Guidelines on Horizontal Cooperation Agreements. Please see full Publication below for more information....
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With the EU FDI Regulation close to celebrating its second year anniversary, the European Commission (EC) has published its second annual report on EU FDI screening covering the operation of the mechanism in 2021. In parallel, the EC published a slightly more detailed Commission Staff Working Document elaborating on the screening of foreign direct investment (FDI) into the EU and its Member States....
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On 6 February 2023, the European Commission (EC) launched a public consultation on a draft implementing regulation (IR) which sets out procedural rules relating to the EU Foreign Subsidies Regulation (FSR)....
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Most of the provisions of the EU Foreign Subsidies Regulation (FSR) take effect on 12 July 2023. The European Commission (EC) has also now adopted its long-awaited Implementing Regulation (IR), which contains the notification forms and important procedural rules....
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The European Commission (EC)’s third annual report on EU foreign direct investment (FDI) screening covers the operation of the screening mechanism in 2022. Together with a Commission Staff Working Document, it details statistics on the screening of FDI into the EU and its Member States, and related legislative developments at the EU and national level....
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On 24 January 2024, the European Commission (EC) published its proposed reform of foreign investment screening in the EU. The proposal introduces more comprehensive rules for the review of foreign investments and strengthens cooperation and the exchange of information across the bloc....
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