The Commission recently published a decision that describes when it allows mergers to be completed prior to EU Merger Regulation clearance being granted, particularly where continued suspension of the deal poses a risk of the target failing to secure continued business.
In June 2013, the European Commission launched a consultation on its proposed reform of the EU Merger Regulation.
McDermott Will & Emery
On 26 November 2013, the European Union’s top court, the European Court of Justice, gave a seminal ruling establishing the principle that a claim for damages for losses incurred as a result of excessively long judicial review proceedings before the General Court must be brought in a separate action before the General Court itself.
Morrison & Foerster LLP
The Netherlands Authority for Consumers and Markets (ACM) – the Dutch competition agency – has indicated that public statements about future market behavior could infringe competition law.
After an in-depth investigation, on 9 October 2013 the European Commission approved the takeover of Olympic Air by Aegean Airlines.
On Sept. 2, 2013, the European Commission approved the acquisition of Shell Deutschland Oil GmbH’s Harburg refinery assets by Swedish company Nynas AB, finding that, in the absence of the proposed transaction, the Harburg refinery would be closed.
In a judgment of Sept. 6, 2013, the European Union General Court upheld the legality of unannounced inspections carried out by the Commission at Deutsche Bahn in 2011, confirming that the use of the Commission’s powers does not infringe the fundamental rights of the target and can be carried out without prior judicial authorisation.
If the uncertainty that the Supreme Court’s Actavis decision injected into the world of reverse-payment settlement litigation wasn’t enough to get your attention, then the FTC’s recent effort to obtain disgorgement from Cephalon in a reverse-payment case should do so.
McDermott Will & Emery
Federal Trade Commission Commissioner Joshua Wright continues to press for a "policy statement" that would define, and perhaps limit, the scope of the FTC’s authority to police unfair methods of competition under Section 5 of the FTC Act.
The US merger control regime has a relatively
easy filing process, but its review process can
be very burdensome in a small percentage
The Federal Trade Commission has finalized a rule requiring pharmaceutical companies to report more exclusive patent licenses for antitrust approval under the Hart-Scott-Rodino Act.
Following a complaint lodged by Betclic Everest Group with the French Competition Authority, the dominant betting provider, Pari Mutuel Urbain, proposed commitments on Oct. 30, 2013 to separate horse racing bets registered in physical outlets from those registered in its online horse race betting channel.
On Oct. 9, 2013, following a Phase II investigation, the European Commission cleared, under the EU Merger Regulation, the acquisition of Olympic Air by Aegean Airlines under the "failing firm" defense, whereby the Commission may approve a merger where the deterioration in the competitive market structure would result even if the merger did not occur, through the forced exit of a market operator.
On Oct. 16, 2013, the UK Competition Commission published proposals to facilitate greater competition in the UK audit market.
On Oct. 15, 2013, following a three-week trial in the Northern District of California, a jury found AU Optronics executive Richard Bai not guilty of charges that he engaged in price-fixing of Thin Film Transistor-Liquid Crystal Display panels.
On Nov. 14, 2013, the Department of Justice, together with the Federal Bureau of Investigation, provided testimony to Congress regarding, "Cartel Prosecution: Stopping Price-Fixers and Protecting Consumers."
Japan’s Ministry of Economy, Trade and Industry submitted a brief dated Oct. 23, 2013, in support of the defendants in one of the "TFT-LCD Flat Panel Antitrust Litigation" cases.
Two recent cases in the EU demonstrate that, particularly in concentrated markets, companies need to be very careful when making public price increase announcements.
Foley & Lardner
One way in which next-generation manufacturing is impacting the automotive industry is the movement toward modular architecture.
The Federal Trade Commission has closed its seven-month investigation into the $1.2 billion merger between Office Depot, Inc. and OfficeMax, Inc.