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EU Antitrust: Raids on Pharma Companies and E.ON Divestments

Client Alert | 2 min read | 11.26.08

EU Commission raids pharma companies days before sector inquiry interim report

The European Commission has confirmed that it conducted antitrust dawn raids at the offices of several pharmaceutical companies in Europe on November 24. The raids come four days before publication of the interim report in the Commission’s pharmaceuticals sector inquiry investigating competition issues in the industry. Press reports have identified both generic and originator companies as targets of the raids.

The Commission has said that the latest raids are not part of the sector inquiry and are not linked to the earlier raids that launched the inquiry on January 15. However, knowledge acquired during the inquiry has, it said, allowed it to “draw conclusions on where Commission action based on competition law could be appropriate and effective”.

The Commission’s press release confirming the raids is available by clicking here: Antitrust: Commission confirms unannounced inspections at pharmaceutical companies

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EU Commission accepts binding divestment commitments from E.ON in the wake of its energy sector inquiry

On November 26 the Commission formally accepted binding commitments from the German energy giant E.ON to divest (i) its transmission system business consisting of an Extra-High-Voltage (380/220 kV) line network and system operations (currently run by E.ON Netz) and (ii) 5000MW of generation capacity. E.ON’s offer to divest comes in the wake of the Commission’s 2006 energy sector inquiry, which identified competition concerns arising from E.ON’s ownership of both the transmission network and generating capacity in Germany, and a subsequent investigation of E.ON for alleged abuse of market dominance . The allegations included (i) withholding output to drive up electricity prices and (ii) granting preferential network access to its own generation business while passing the resulting costs on to consumers.

The Commission’s press release is available by clicking here: Antitrust: Commission opens German electricity market to competition

Insights

Client Alert | 5 min read | 12.12.25

Eleventh Circuit Hears Argument on False Claims Act Qui Tam Constitutionality

On the morning of December 12, 2025, the Eleventh Circuit heard argument in United States ex rel. Zafirov v. Florida Medical Associates, LLC, et al., No. 24-13581 (11th Cir. 2025). This case concerns the constitutionality of the False Claims Act (FCA) qui tam provisions and a groundbreaking September 2024 opinion in which the United States District Court for the Middle District of Florida held that the FCA’s qui tam provisions were unconstitutional under Article II. See United States ex rel. Zafirov v. Fla. Med. Assocs., LLC, 751 F. Supp. 3d 1293 (M.D. Fla. 2024). That decision, penned by District Judge Kathryn Kimball Mizelle, was the first success story for a legal theory that has been gaining steam ever since Justices Thomas, Barrett, and Kavanaugh indicated they would be willing to consider arguments about the constitutionality of the qui tam provisions in U.S. ex rel. Polansky v. Exec. Health Res., 599 U.S. 419 (2023). In her opinion, Judge Mizelle held (1) qui tam relators are officers of the U.S. who must be appointed under the Appointments Clause; and (2) historical practice treating qui tam and similar relators as less than “officers” for constitutional purposes was not enough to save the qui tam provisions from the fundamental Article II infirmity the court identified. That ruling was appealed and, after full briefing, including by the government and a bevy of amici, the litigants stepped up to the plate this morning for oral argument....

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