Heather Lamberg Kafele

Heather Lamberg Kafele

Shearman & Sterling LLP

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New EU Directive Promoting Antitrust Damage Claims

Today, the EU considers that those affected by competition law infringement in some Member States are not able to effectively exercise their right to compensation. New EU legislation seeks to address obstacles to successful...more

12/5/2014 - Antitrust Injuries Competition EU

Foreign Antitrust Defendants Feel Some Relief from the Reach of the Sherman Act in Civil Matters

The Seventh Circuit Court of Appeals ruled that Motorola cannot recover overcharges to its non-U.S. subsidiaries that purchased price-fixed LCD panels abroad, even though finished cellphones incorporating those panels were...more

12/1/2014 - Antitrust Litigation Appeals Banks Foreign Branches of U.S. Banks FTAIA Garnishment Motorola

Governance & Securities Law Focus: Latin America Edition - October 2014

In this issue: - US DEVELOPMENTS - SEC Developments - Noteworthy US Securities Law Litigation - Recent SEC/DOJ Enforcement Matters - EU DEVELOPMENTS - European Commission...more

10/16/2014 - Audits BIS Compliance Corporate Governance DOJ Enforcement Enforcement Actions ESMA EU European Merger Control Regulation FCA Financial Regulatory Reform HKEx SEC Trade Market Abuse UK Voting Rights

German Court Joins Increased Trend to Police Internet Sales

The luxury bathroom fittings manufacturer Dornbracht has lost its appeal to the German Supreme Court against an order from a lower court awarding damages of €820,000 to a retailer because of losses suffered due to an...more

10/14/2014 - EU Internet Internet Retailers

Tribunal Forces UK Competition Authority to Rethink Hotel Bookings Settlement

The UK Competition Appeal Tribunal (CAT) quashed the decision of the Office of Fair Trading (OFT), now the Competition and Markets Authority (CMA), to close its investigation into pricing arrangements entered into by...more

10/8/2014 - Airlines CMA Expedia Hotels OFT Online Travel Vendors Search Engines UK

The EU General Court Gets a Rap on Its Knuckles

In Groupement des cartes bancaires, the EU Court of Justice severely reprimanded the General Court for its failure to properly analyze a restriction of competition ‘by object’ within the meaning of Article 101(1) TFEU....more

9/12/2014 - ECJ EU TFEU

Ski Manufacturers Hit for Off-Piste Non-Compete

When it comes to the US Federal Trade Commission, healthy competition for ski manufacturers is just as important off the slopes as on. Ski equipment makers, Tecnica Group and Marker Völkl, learned this lesson on Monday when...more

5/22/2014 - Competition Endorsements FTC Manufacturers Non-Compete Agreements Unfair Competition

DOJ Scores First Antitrust Extradition: More to Come?

With Friday’s announcement of the first-ever extradition of a foreign executive on criminal antitrust charges to the United States, the US Department of Justice has won a major victory in its effort to prosecute and deter...more

4/8/2014 - Antitrust Litigation DOJ Extradition

New York Court Affirms Separate Entity Ruling on Appeal

On March 11, 2014, a New York state appellate court affirmed an important decision on the “separate entity” rule that is favorable to all multinational banks that maintain a New York branch. New York’s separate entity rule...more

3/18/2014 - Banks Discovery Extraterritoriality Rules Multinationals

Governance & Securities Law Focus: Latin America Edition

In this issue: - US Developments - Global Development - EU Developments - Developments Specific To Financial Institutions - Excerpt from US Development: SEC Developments - Iran...more

2/24/2014 - Banks Compliance Corporate Governance Foreign Banks Iran SEC

FTC Workshop Seeks to Spark Biosimilars Competition

Demand for biologics is growing fast, but even after Congress passed authorizing legislation in 2010, the pace of generic entry appears to have stalled. Seeking to spur increased generic competition, the FTC held an all-day...more

2/7/2014 - Biologics Biosimilars FDA FTC Pharmaceutical

FTC Increases HSR Notification Thresholds for 2014

The US Federal Trade Commission (“FTC”) has revised and, once again, raised the thresholds for the Hart Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”). The HSR Act requires that parties to...more

1/24/2014 - FTC Hart-Scott-Rodino Act Pre-Merger Filing Requirements

Bazaarvoice Shows Courts’ and Agencies’ Orthodox Approach to Mergers in High-Tech Markets

The District Court’s decision finding the Bazaarvoice/PowerReviews acquisition unlawful demonstrates that agencies and courts will continue to apply traditional methods of merger analysis based on market definition and market...more

1/14/2014 - E-Commerce Mergers Technology The Clayton Act

The DOJ’s Antitrust Division Cuts Back On Its Carve-Out Policy For Corporate Officers In Plea Agreements

Last Friday, Bill Baer, Assistant Attorney General for the Department of Justice’s Antitrust Division, announced that the Division will no longer publicly name the executives excluded from immunity granted in corporate cartel...more

4/16/2013 - Cartels Corporate Counsel Corporate Fraud Corporate Officers DOJ Immunity

Vitamin C Purchasers Awarded $162 Million In First-Ever Civil Price-Fixing Verdict Against Chinese Companies

On March 14, 2013, a federal jury in Brooklyn, New York returned a verdict in In re Vitamin C Antitrust Litigation, No. 1:06-md-1738 (E.D.N.Y.), finding that two Chinese companies had unlawfully fixed prices and controlled...more

4/1/2013 - Antitrust Litigation China Jury Awards Price-Fixing Sovereign Immunity

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