Mondaq USA: Anti-trust/Competition Law
An EU General Court (GC) judgment has considered the difficult issue of independent parallel behaviour by competitors under EU competition law, and in particular when this strays into a "concerted practice".
The European Commission has recently published for comments a proposal for new EU competition rules concerning "technology transfer agreements".
Cross-border mergers frequently trigger pre-closing antitrust reviews. Such reviews are complex and can be fraught with risk.
This article outlines the major global criminal and related antitrust developments in 2012, with a focus on Canada.
The EU General Court has overturned part of the European Commission's infringement decision against 24 European copyright collecting societies, in the so-called CISAC case.
The European Commission has recently published updated guidance on how it goes about conducting dawn raids at business premises in the EU.
The next step of the on-going Phoebe Putney litigation is completed.
Earlier this week, the Federal Trade Commission (FTC) issued its Hart-Scott-Rodino (HSR) report for fiscal year 2012.
The U.S. Department of Justice ("DOJ") has reached a settlement with Anheuser-Busch InBev ("ABI") and Grupo Modelo S.A.B. de C.V. ("Modelo"), requiring ABI to divest Modelo’s entire U.S. business to Constellation Brands Inc. ("Constellation").
An interesting and growing debate in the antitrust arena is whether most favored nation ("MFN") pricing provisions are pro-competitive or anticompetitive. For many years, MFN provisions have been considered a fairly noncontroversial contract term included by purchasers in an attempt to assure that other buyers do not receive a more favorable price.
Microsoft v. Motorola is precedential only in the Western District of Washington, but at 207 thorough and well-reasoned pages, it provides a valuable roadmap and will likely be quite influential in future RAND cases in other U.S. and foreign jurisdictions.
In remarks made this week at the International Competition Network annual conference, Federal Trade Commission (FTC) Chairwoman Edith Ramirez stated that health care will continue to be a top priority for the FTC.
Nearly a year ago the Kansas Supreme Court issued a ruling that boldly separated Kansas, and its state antitrust law, from prevailing federal antitrust precedent in matters of resale price agreements.
The U.S. Supreme Court has recently concluded that a class of plaintiffs challenging Comcast Corp.’s conduct in the Philadelphia market was improperly certified.
During calendar year 2012, there were 283 cases notified to the European Commission’s Directorate General for Competition under Council Regulation No 139/2004 on the control of concentrations between undertakings.
A well-attended program on antitrust treatment of "bundled pricing" and "loyalty discounts" at the American Bar Association Antitrust Section Spring Meeting highlighted the confusion generated by the antitrust law implications.
Most evidence in European and UK anti-trust investigations is now contained in electronic documents, emails and even voice recordings.
South Korea’s antitrust watchdog, the Supreme Prosecutors’ Office raided the office of POSCO ICT, a subsidiary of POSCO that manages the parent company’s IT network, as part of an ongoing investigation of South Korea’s biggest steelmakers.
The Regional Court of Düsseldorf, Germany, has asked the Court of Justice of the European Union to clarify a number of questions at the intersection of EU and German antitrust laws and patent law.
The U.S. Supreme Court has reaffirmed that courts must conduct a "rigorous analysis" to determine whether antitrust class action plaintiffs meet the requirements for class certification, even when that requires inquiry into the merits of the underlying claims, and individual issues of damages may preclude class certification.
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The U.S. Supreme Court has reaffirmed that courts must conduct a "rigorous analysis" to determine whether antitrust class action plaintiffs meet the requirements for class certification, even when that requires inquiry into the merits of the underlying claims, and individual issues of damages may preclude class certification.
An interesting and growing debate in the antitrust arena is whether most favored nation ("MFN") pricing provisions are pro-competitive or anticompetitive. For many years, MFN provisions have been considered a fairly noncontroversial contract term included by purchasers in an attempt to assure that other buyers do not receive a more favorable price.
A well-attended program on antitrust treatment of "bundled pricing" and "loyalty discounts" at the American Bar Association Antitrust Section Spring Meeting highlighted the confusion generated by the antitrust law implications.
An evidentiary practice, novel to United States courts, has been in operation in Australia for at least 20 years.
The Supreme Court's decision in Comcast Corporation v. Behrend, an antitrust case involving a class of more than two million current and former cable television subscribers in the Philadelphia area, raises the bar for plaintiffs to obtain certification of antitrust class actions.
On February 19, 2013, the United States Supreme Court in Federal Trade Commission v. Phoebe Putney Health System, Inc., et al., unanimously rejected a Georgia state-sanctioned hospital authority’s claim that its acquisition of a competing hospital was immune from antitrust scrutiny under the state-action doctrine, which the Supreme Court recognized in Parker v. Brown back in the 1940s.
An EU General Court (GC) judgment has considered the difficult issue of independent parallel behaviour by competitors under EU competition law, and in particular when this strays into a "concerted practice".
The U.S. Supreme Court has continued its recent trend of imposing more stringent standards for class certification in Comcast Corporation v. Behrend, 569 U.S. (2013).
The Federal Trade Commission’s (FTC) recent settlement in In the Matter of Oltrin prohibiting use of a geographic non-compete by two companies in the bulk bleach industry is a reminder that the antitrust agencies look closely at non-competes, especially when the parties to the non-competes have market power.
