Mondaq USA: Anti-trust/Competition Law
Orrick
The Court of Justice of the European Union has consistently held that the prohibition in Article 101(1) is not applicable where the impact of the agreement on competition is not appreciable.
Orrick
On June 26, 2014, the criminal chamber of the French Supreme Court held that during antitrust procedures, the defendants' rights of defense must be respected during the entire procedure, including during the preliminary inquiry and especially dawn raids.
Orrick
In April 2008, the Commission approved the acquisition but left open the question as to the date on which Electrabel acquired control of CNR.
Orrick
On July 9, 2014, the European Commission launched a public consultation on proposals contained in its White Paper, "Towards More Effective EU Merger Control."
Orrick
On June 25, 2014, the Court of Justice of the European Union dismissed a challenge brought against the European Commission by the French cable manufacturer Nexans SA in which it sought to challenge the Commission’s powers to seize documents in dawn raids.
Orrick
Many manufacturers of branded goods, who have expressed concerns about the image of their products and worry that these are sold on the cheap, have sought to restrict the use of the Internet by their distributors.
Foley & Lardner
The European Commission adopted revised rules on agreements of minor importance which do not appreciably restrict competition.
Sheppard Mullin Richter & Hampton
Bundled discount programs have received significant antitrust scrutiny over the past decade, even though these marketing programs may benefit competition.
Sheppard Mullin Richter & Hampton
On Tuesday, July 29, the United States Court of Appeals for the Second Circuit "clarified certain aspects of [its] false advertising jurisprudence".
McDermott Will & Emery
On August 26, 2014, the Eastern District of Michigan denied a motion by a Japanese manufacturer and its U.S.-based subsidiary.
Sheppard Mullin Richter & Hampton
Imagine that a drug manufacturer figured out how to compete with a blockbuster drug by making a cheaper and more effective alternative.
Proskauer Rose LLP
Continued strong antitrust enforcement under the Hart-Scott-Rodino Act reminds us that HSR compliance issues can arise in unexpected places.
McGuireWoods LLP
Antitrust Experts Urge Tougher Criminal Penalties for Corporate Violators
McDermott Will & Emery
New York health regulators proposed revised rules that would allow health care providers to merge or cooperate with one another.
Patterson Belknap Webb & Tyler LLP
One factor that may contribute to the increase in criminal antitrust fines over the past ten years is the Antitrust Division's international focus.
Patterson Belknap Webb & Tyler LLP
Perhaps best known worldwide for its Trappist breweries, Belgium is increasingly hospitable to business regulation.
Venable LLP
Around this time in 2012, the FTC announced a settlement with football mouthguard manufacturer Brain-Pad regarding unsubstantiated concussion prevention claims.
McDermott Will & Emery
On Thursday, August 14, 2014, several physicians wrote a letter to Commissioner Hamburg of the U.S. Food and Drug Administration (FDA) expressing their concerns regarding the naming of biosimilar products in light of the implementation of the Biologics Price Competition and Innovation Act (BPCIA).
McDermott Will & Emery
On Friday, August 15, 2014, Judge Gerald McHugh of the Eastern District of Pennsylvania let stand several counterclaims that IMS Health Inc. (IMS) made against Symphony Health Solutions Corp. (Symphony) in connection with related to allegations that Symphony had poached IMS employees to steal trade secrets.
Sheppard Mullin Richter & Hampton
Under what is commonly known as "Noerr-Pennington immunity," persons exercising their First Amendment right to petition the government for redress...
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McDermott Will & Emery
Joint Ventures/Competitor Collaboration, Naked agreements, Non-poaching, Non-solicitation
Patterson Belknap Webb & Tyler LLP
The DOJ’s ongoing challenge of American Express’s merchant rules as a violation of the Sherman Antitrust Act may clarify the significance of market share calculations.
Patterson Belknap Webb & Tyler LLP
A pair of putative class actions has been filed in the past two weeks charging Panasonic, Samsung, and other electronics manufacturers with forming a cartel to boost prices in the sagging market for certain electronics capacitors.
Cadwalader, Wickersham & Taft LLP
The Federal Trade Commission has announced its annual revisions to the dollar jurisdictional thresholds in the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended.
McGuireWoods LLP
The U.S. Supreme Court agreed to review a decision on the scope of the state-action doctrine, which exempts state actors from federal antitrust scrutiny.
Patterson Belknap Webb & Tyler LLP
With DOJ's Antitrust Division and the FTC ramping up antitrust enforcement, it is critical for companies to take a hard look at their compliance programs and update them on a regular basis to avoid potential antitrust violations and discover antitrust malfeasance early on so a company can have the option of self-reporting and applying for leniency under DOJ's leniency program.
Patterson Belknap Webb & Tyler LLP
A panel of the U.S. Court of Appeals for the First Circuit heard oral argument this week in In Re: Nexium (Esomeprazole) Antitrust Litigation.
Patterson Belknap Webb & Tyler LLP
In June 2014, the DOJ announced that it planned to review the consent decrees with music licensing firms ASCAP and BMI.
Patterson Belknap Webb & Tyler LLP
Over the past ten years, criminal antitrust fines have increased dramatically: they totaled only $107 million in fiscal year ("FY") 2003, but increased to a high of $1.14 billion in FY-2012 and remained relatively steady at $1.02 billion in FY-2013.
Patterson Belknap Webb & Tyler LLP
The intersection of IP and antitrust has always been fraught.
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