Case C-267/16, Buhagiar – Gibraltar, guns and the constitutional order

The Supreme Court of Gibraltar has made its first preliminary reference to the CJEU, and the burning issue is the free movement of hunters’ firearms. More

Case C-248/16, Austria Asphalt – merger tarmacgeddon

EU merger law governs when some large companies can work together and even set up new companies. This case concerns two currently rival companies that now want to work together in just one Member State, Austria. However, the two rivals also want to do so under the auspices of one existing company, which is currently owned by just one of them. Since the Austrian road-building market is a market currently ruled as a duopoly by these two rivals, there is a risk that this co-operation could result in a monopoly. The issue perplexing the Austrian judges is: how does EU merger law apply? More

Case C-179/16, Hoffmann-La Roche – is off-label medicine use, off-limits to EU cartel law?

Imagine. A patient has a specific medical condition. He can be helped by prescribing either an extremely expensive drug tailored to treating that specific medical condition or a cheaper one which works in the same way but was designed to treat other conditions. Which option is a public health body more likely to want to pay for? But what if the authority cannot select the cheaper option because of the terms on which both drugs have been licensed? What can a public authority do? Can EU cartel law come to the rescue when both drugs have been invented by one company? More

Case C-112/16, Persidera – access to Italian broadcasting frequencies

Perisdera is an Italian broadcasting company. However, it has had difficulties accessing Italy’s radio frequencies. It is a story common to other broadcasters trying to access the Italian market; indeed, there is already preliminary reference about this problem pending at the CJEU, Case C-560/15, Europa Way. This fresh preliminary reference adds a further couple of legal questions. More