Mondaq USA: Anti-trust/Competition Law
Jones Day
The European Commission has launched a sector inquiry of the e-commerce sector in Europe. This is a far-reaching competition review of the sector by the European Union ("EU") competition authority.
Morrison & Foerster LLP
On May 6, 2015, the European Commission launched a competition inquiry into the e-commerce sector. This inquiry is one of 16 initiatives that the Commission announced for the creation of a Digital Single Market for Europe
McGuireWoods LLP
On 15 April 2015, the European Commission (EC) sent a Statement of Objections (preliminary statement of case) to Google...
Jones Day
Eleven years after its entry into force, the EU commitment procedure still appears as a formidable success.
Orrick
On Mar. 9, 2015, the General Court confirmed the European Commission’s decision prohibiting the proposed merger between Deutsche Börse and NYSE Euronext. The merger—which would have brought together the two largest exchanges in the world for European financial derivatives— was blocked by the Commission in February 2012.
Orrick
On Feb. 17, 2015, the Court of Justice of the European Union ("CJEU") brought an appeal before the Court of Justice against an order of the General Court...
Orrick
The European Union's Commissioner for Competition, Margrethe Vestager, who began her five-year mandate on Nov. 1, 2014, has indicated that there is more work to be done on the Commission...
McDermott Will & Emery
FTC Chairwoman Edith Ramirez and Assistant Attorney General William Baer testified before the House Committee on the Judiciary's Subcommittee on Regulatory Reform, Commercial and Antitrust Law on May 15, 2015.
BakerHostetler
Reverse payments are payments made in connection with the settlement of patent litigation between the manufacturer of a brand-name drug and a competitor seeking to market a generic version of that drug.
Sheppard Mullin Richter & Hampton
Briefly by way of background, New York's Certificate of Public Advantage or COPA regulations came into effect in 2014 to provide a structure for state supervision of collaborative healthcare arrangements.
Orrick
Submission of an application to manufacture a generic version of a pioneer drug covered by a patent is a technical act of infringement, and enables the pioneer manufacturer to file an infringement lawsuit.
Venable LLP
It is important to note what the decision does not mean.
Lewis Brisbois Bisgaard & Smith LLP
Assets sales in bankruptcy proceedings are accomplished pursuant to Section 363 of the Bankruptcy Code.
McGuireWoods LLP
On April 27, 2015, Applied Materials Inc. and Tokyo Electron Ltd. abandoned their merger plans after facing pushback from the Department of Justice.
Butler Snow LLP
A recent Sixth Circuit decision clarified the minimum standard a plaintiff must meet to prove a claim of below-cost pricing under either the concerted or independent antitrust provisions of the Sherman Act.
Cadwalader, Wickersham & Taft LLP
This acquittal is a reminder to individuals and companies that automatically succumbing to the DOJ's plea-bargain process may not be the best strategy.
Patterson Belknap Webb & Tyler LLP
This is the second installment in our coverage of the DOJ's recent criminal cartel enforcement actions.
McDermott Will & Emery
The type of freight in the alleged conspiracy included heavy equipment, medicines, food, beverages and consumer goods.
BakerHostetler
The issue of whether a no-AG agreement constitutes a reverse payment is currently pending in three separate appeals in the Third Circuit, and another appeal in the First Circuit.
BakerHostetler
Corporate antitrust compliance programs often spotlight the dangers of tying arrangements.
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Patterson Belknap Webb & Tyler LLP
Since we last reported on the generic pricing investigations (click here and here to read more), the investigations have expanded.
Dickinson Wright PLLC
In explaining its ruling, the Iowa Supreme Court began its analysis by stating that "these arrangements are not naked price-fixing arrangements, but are more akin to joint ventures."
Day Pitney LLP
On April 29, Dallas-based Teladoc, Inc., the largest telemedicine service provider in the U.S., filed a federal antitrust lawsuit against the Texas Medical Board over a new Board rule prohibiting physicians from treating patients over the telephone before having met with them face-to-face.
Jones Day
The Texas Attorney General has settled its challenge to an agreement among sellers of dental supplies that, in the State's view, prevented competition by a new entrant in Texas.
Patterson Belknap Webb & Tyler LLP
A federal judge in Washington, DC ruled last week that the FTC must disclose the names of the individuals it relied on in its bid to block a proposed $3.5 billion merger between Sysco and US Foods.
Morrison & Foerster LLP
On April 21, 2015, the Supreme Court issued its much-anticipated decision in ONEOK Inc. v. Learjet, Inc. addressing the extent to which the Natural Gas Act preempts state antitrust claims brought against jurisdictional sellers.
Patterson Belknap Webb & Tyler LLP
This past Wednesday, Judge Amit Mehta of the U.S. District Court for the District of Columbia set a hearing from May 5 through May 8...
Orrick
On Feb. 25, 2015, the European Commission set out its strategy to achieve a European Energy Union with a forward looking climate change policy ("Framework Strategy").
McDermott Will & Emery
Antitrust laws can impact all potential M&A transactions, so it is important to understand the likelihood of a government challenge early on when considering a deal.
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