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Major Amendments to Anti-Trust and Merger Control Rules (Schönherr Rechtsanwälte)
  • The Romanian Competition Law was recently amended by the Emergency Government Or-dinance no 75/2010 ("EGO 75/2010") which entered into force on 5 August 2010.
    • Eighth Circuit Issues Decision on Bundling and Exclusive Dealing (Faegre & Benson LLP)
  • The Eighth Circuit has issued a significant antitrust decision addressing bundled rebates and the law surrounding exclusionary contracts.
    • California Continues to March to a Different Drummer--This Time in Below-Cost Pricing (Perkins Coie LLP)
  • On August 11, 2010, a California appeals court upheld most of a $21 million predatory pricing judgment against a Bay Area alternative weekly newspaper in Bay Guardian Co. Inc. v. New Times Media L.L.C., No. A122448, 2010 WL 3156631 (Cal. Ct. App. Aug. 11, 2010).
    • OFT Consults on Draft Competition Act Procedural Guidance (SJ Berwin LLP)
  • The Office of Fair Trading ("OFT") is consulting on new guidance on how it conducts investigations into potential breaches of competition law.
    • Court Of Appeal Allows Full Trial in Parallel Imports Case (SJ Berwin LLP)
  • On 24 August 2010 the Court of Appeal handed down a judgment in favour of M-Tech Data Limited in its trade mark infringement dispute with Oracle America Inc which may lead to clarification of the law on parallel imports and the availability of so called Euro defences.
    • Marine Insurance Agreements Formally Investigated by the Commission (SJ Berwin LLP)
  • The European Commission ("Commission") has opened formal proceedings to investigate whether certain arrangements in the marine insurance sector relating to claim-sharing and joint-reinsurance agreements might infringe EU antitrust rules.
    • In Search of Exceptions to the FTC’s Amended Telemarketing Sales Rule - Don’t Put Your Neck in a Loophole! (Loeb & Loeb LLP)
  • In the days and weeks since the Federal Trade Commission amended the Telemarketing Sales Rule, 16 C.F.R. Parts 310.1-.9, adding specific provisions to govern for-profit debt relief providers (the "TSR Amendments"), there have been many discussions among industry professionals about possible exceptions, or "loopholes," to the TSR Amendments.
    • China’s Antitrust Tigers Grow Teeth (Mallesons)
  • China’s competition law regulators have taken important steps to strengthen the enforcement of its competition regime, with a number of cartel investigations, some further implementation rules, and another conditional merger control decision. Imprisonment is the maximum penalty as a result of the above.
    • U.S. Antitrust Agencies Finalize Updates to Horizontal Merger Guidelines (Morgan Lewis)
  • On August 19, the Antitrust Division of the Department of Justice and the Federal Trade Commission (together, the agencies) issued new Horizontal Merger Guidelines (the Guidelines) to explain and clarify their current enforcement philosophy.
    • Chinese Officials Impose Conditions on Novartis’ Acquisition of Alcon (Jones Day)
  • After a four-month review, on 13 August 2010, China's Ministry of Commerce ("MOFCOM") authorized Novartis' acquisition of Alcon subject to conditions.