Christophe Humpe

Partner, Macfarlanes

Christophe specialises in EU, competition and regulatory law and regularly represents clients before competition authorities and courts.

He has extensive experience across all areas of EU and UK competition law, both contentious and non-contentious, including mergers, competition and cartel investigations, state aid and antitrust damages litigation.

Experience

· Advising on merger control proceedings relating to the acquisition of Visa Europe by Visa Inc.

· Advising Fyffes in merger control proceedings in relation to its proposed merger with Chiquita.

· Advising Universal Music in merger control proceedings in its successful acquisition of EMI Music.

· Advising Universal Music in relation to an investigation by the European Commission concerning the licensing of music streaming platforms.

· Advising a number of pharmaceutical companies in investigations before the European Commission and the Competition Markets Authority in relation to alleged “pay for delay” patent settlement agreements.

· Advising Freightliner in connection with a competition enforcement investigation by the Office of Rail Regulation.

· Advising a consortium of tyre manufacturers in a damages action before the English Courts following the European Commission decision in the synthetic rubber cartel.

Contributed to

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Assessing IP-related agreements outside the Technology Transfer Block Exemption Regulation

Practice Notes

This Practice Note provides an overview of how to assess IP-related agreements outside the Technology Transfer Block Exemption (TTBE) Regulation. It summarises briefly other block exemption regulations that may apply and describes IP-related issues when assessing agreements individually under Article 101(1) TFEU.

Competition

Assessing IP-related agreements under the Technology Transfer Block Exemption Regulation

Practice Notes

This Practice Note provides an overview of how to assess IP-related agreements under the Technology Transfer Block Exemption (TTBE) Regulation. It explains the TTBE’s scope, the individual steps in its application and points out how to proceed if the TTBE were not to apply.

Competition

Competition law and settlement agreements

Practice Notes

This Practice Note explores the common pitfalls, restrictions in settlement agreements which risk falling foul of Article 101. Article 101, TFEU may come into play where parties are seeking to settle IP disputes. This Practice Note focuses on the hot topic of ‘pay for delay’ deals and situations where they are a problem. The approach to pay for delay deals in the pharmaceutical sector is explored.

Competition

EU Competition law and intellectual property: key themes

Practice Notes

Controversial issues can arise where competition law is applied to business activities relating to intellectual property rights (IPRs). This Practice Note charts some of the emerging themes in relation to the interaction between competition law and IPRs. This Practice Note also outlines potential competition issues relating to business practices such as standard setting and patent pools, ‘pay for delay’ deals and licensing of IPRs.

Competition

IP Rights and abuse of dominance

Practice Notes

The exercise of Intellectual Property Rights (IPRs) by dominant companies can cause competition problems under Article 102, TFEU (and Member State equivalents). The dividing line between anti-competitive exclusionary conduct and ‘normal’ reliance on IPRs is explored in relation to broad categories of potential abuses. The difficulties of market definition in relation to IPRs is also assessed. Patent disputes between telecoms companies and the AstraZeneca case are detailed in the context of abuse of FRAND licensing commitments and the system of patent grant. There is also a discussion on the Microsoft case and refusal to license ‘essential facility’ IPRs and unfair licensing terms and tying.

Competition