Abbott (Tad) Lipsky, Jr.

Abbott (Tad) Lipsky, Jr.

Latham & Watkins LLP

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Narrowing the Gap for the Price-Cost Test: Lessons From Eisai v. Sanofi-Aventis

For companies that rely on price discounting as a sales and marketing tool, navigating antitrust risk can be difficult. Lower prices always benefit customers in the short run, but economic theory creates room for plaintiffs...more

6/15/2016 - Anticompetitive Behavior Discount Pricing DOJ Exclusionary Clauses FTC Rule-of-Reason Analysis Safe Harbors Sanofi-Aventis Summary Judgment

Premerger Notification Arrives in the Philippines

The Philippine Competition Commission has implemented compulsory merger control, while other Philippine antitrust provisions await full application. The world’s 12th most populous nation joins the global antitrust...more

4/26/2016 - Abuse of Dominance Anticompetitive Agreements Fines Merger Controls Mergers New Legislation Philippines Premerger Notifications

DOJ Suit Against ValueAct Shines Spotlight on HSR Requirements for Shareholder Activists

Suit signals potential consequences for activist investors who rely on the HSR “solely for purposes of investment” exemption. On April 4, 2016, the U.S. Department of Justice (DOJ) sued certain ValueAct Capital entities...more

4/18/2016 - Baker Hughes DOJ Enforcement Actions FTC Halliburton Hart-Scott-Rodino Act Investment-Only Exemption Pre-Merger Filing Requirements Shareholder Activism Third Point Yahoo!

Annual HSR Threshold Adjustments Announced

FTC adjusts the Hart-Scott-Rodino Act size thresholds, including raising the minimum size for reportable acquisitions to $78.2 million. On January 21, 2016, the Federal Trade Commission announced new jurisdictional...more

1/22/2016 - FTC Hart-Scott-Rodino Act Reporting Requirements Threshold Requirements

Technology, Media and Telecommunications Review 2015 – Competition Law Overview

This chapter provides an overview of antitrust and competition laws (competition law). While competition law was primarily (although not exclusively) an American phenomenon for most of the 20th century, competition law is now...more

12/8/2015 - Competition Digital Media Technology Sector Telecommunications

FTC Limits Investment Rental Property Exemption

FTC’s reversal will result in more Hart-Scott-Rodino filings for companies in the pipeline, cell tower and billboard industries. The Federal Trade Commission’s Premerger Notification Office (PNO) has significantly...more

7/30/2015 - Acquisitions Exemptions FTC Hart-Scott-Rodino Act Premerger Notifications Real Estate Investments Rental Property

Annual HSR Threshold Adjustments Announced

FTC adjusts the Hart-Scott-Rodino Act size thresholds, inter alia, to raise the minimum size for reportable acquisitions to $76.3 million. On January 15, 2015, the Federal Trade Commission announced new jurisdictional...more

1/21/2015 - Filing Fees FTC Hart-Scott-Rodino Act Jurisdiction Threshold Requirements

China’s Supreme People’s Court Releases its First Decision Under China's Antimonopoly Law

Case sets precedent for antitrust disputes in China, particularly on how to define the relevant market, and assess market dominance and abusive conduct. Introduction – On 16 October 2014, China’s highest court...more

10/20/2014 - Anti-Monopoly Antitrust Litigation China Internet Service Providers (ISPs) Software

Enforcement of China’s Anti-Monopoly Law Continues to Intensify

In this lw.com interview, Latham & Watkins partner Tad Lipsky discusses the evolution of antitrust laws globally, examines the complex regulatory structure that enforces China’s new Anti-Monopoly Law (AML) and talks about the...more

9/23/2014 - Anti-Monopoly China Monopolization

Annual HSR Threshold Adjustments Announced

FTC adjusts the Hart-Scott-Rodino Act size thresholds, inter alia, to raise the minimum size for reportable acquisitions to $75.9 million. On January 17, 2014, the Federal Trade Commission announced new jurisdictional...more

1/22/2014 - FTC Hart-Scott-Rodino Act Pre-Merger Filing Requirements

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