Antitrust & Trade Regulation, Business Organization, Commercial Law & Contracts

United States Supreme Court Victory for St. Louis-Based Monsanto

by Williams Venker & Sanders on 5/16/2013

The U.S. Supreme Court, in a unanimous opinion, has held in favor of Monsanto on a patent infringement suit arising from the St. Louis-based company's Roundup Ready soybean seeds. Monsanto invented and patented a genetic...more

The Compliance Stepchild: Antitrust

by Michael Volkov on 5/13/2013

Let’s try and put this all in perspective. Last fiscal year, the Antitrust Division collected over $1 billion in criminal fines and sent a number of senior executives to prison. ...more

Understanding & Mitigating Third Party Corruption Risk Under Canada’s Corruption of Foreign Public Officials Act

by John Boscariol on 1/31/2013

The use of third party agents in international operations or business development, whether consultants, sales representatives, customs brokers, contractors or distributors, is often unavoidable. This may be because the...more

How To Represent Prospective Franchisees And Franchisors

by Mark Miller | Jackson Walker on 1/12/2013

FRANCHISING PRIMER - I. INTRODUCTION - A. In General Franchising is a method of distribution that combines the advantages of a central specialized system with the capital and micro-management of local independent...more

FTC Announces Increased Hart-Scott-Rodino Thresholds

by King & Spalding on 1/11/2013

On January 10, 2013, the Federal Trade Commission (FTC) announced the annual indexing of the jurisdictional thresholds under the Hart-Scott-Rodino (HSR) pre-merger notification statute. The new thresholds will apply to all...more

Aggiornamento Normativo: Il Rating Di Legalità

by Alessandro De Nicola, Ivan Rotunno | Orrick, Herrington & Sutcliffe LLP on 12/17/2012

In attuazione dell’art. 5-ter del D.L. 24 gennaio 2012, n. 1 così come modificato dall’art. 1, comma 1-quinquies del D.L. 24 marzo 2012, n. 29, convertito, con modificazioni, in L. 18 maggio 2012, n. 62, il 14 novembre u.s....more

Under Agency Law, Standard Setting Organizations May Be Liable for Antitrust Violations of Their Members

by Howard Ullman on 10/22/2012

As noted in this recent blog post, in TruePosition, Inc. v. LM Ericsson Telephone Co., No. 11-4574 (E.D. Pa. Oct. 4, 2012), the court held that a Standard Setting Organization (SSO) known as 3GPP may be liable for alleged...more

Doing Business in Canada: Offences Under The Competition Act

by Bennett Jones LLP on 10/18/2012

The Competition Act, which is Canada’s antitrust legislation, restricts anti-competitive business practices. The Act is designed to ensure fair competition in the Canadian marketplace. Over the last 26 years, the Act has...more

Parental Liability: The Importance of Following the Rebuttal Procedure Carefully

by McDermott Will & Emery on 10/11/2012

Rights of the Defence in the Context of Parental Liability – Ballast Nedam Infra BV v European Commission judgment illustrates how a formal point of procedure can be an effective weapon to pierce the fortress created by the...more

Can a Hospital Alliance Constitute a Single Entity for Antitrust Purposes? It Depends, Says One District Court

by Mintz Levin - Antitrust on 9/14/2012

On August 30, 2012, the U.S. District Court for the Southern District of Ohio denied a motion to dismiss a complaint that alleged a per se group boycott by a managing agent and its affiliated hospitals in violation of Section...more

UK’s Top Antitrust Regulator Issues New Fines Guidance: Penalties to Better Reflect the Impact of Relevant Conduct

by McDermott Will & Emery on 9/13/2012

UK’s Top Antitrust Regulator Issues New Fines Guidance: Penalties to Better Reflect the Impact of Relevant Conduct On 10 September 2012, following extensive consultation and in the wake of a number of judgments...more

When Associations Attack: Beware Standing and Other Pitfalls When Suing on Behalf of Members

by Venable LLP on 9/5/2012

If you are an in-house lawyer for a trade or professional association, you probably spend a good amount of your time counseling the association and its members on the importance of complying with government regulations,...more

Cross-Border M&A: Opportunities and Dealbreakers in Europe [Video]

by Dechert LLP on 9/5/2012

The European crisis has created significant opportunities for U.S. purchasers and others looking to acquire assets in Europe, but international investors need to be aware of the differences between laws and regulations in...more

China Merger Control in August 2012: Wal-mart, e-Commerce and VIE Structure

by Yiliang Dong on 8/31/2012

The August decision of MOFCOM in the merger control case Wal-mart shows the authority's deficiency in the antitrust substantiation and also in relationship with the sector specific regulation in e-Commerce and...more

Cartels and Dominance: New Risks and Opportunities for Companies in China

by Orrick, Herrington & Sutcliffe LLP on 8/29/2012

China’s Supreme People’s Court recently provided guidance on procedural issues and important aspects of China’s Antimonopoly Law (AML) that will affect private enforcement of the law. The Supreme People’s Court Provisions on...more

An Ounce of Prevention: An Effective Antitrust Compliance Program

by Ingram Yuzek Gainen Carroll & Bertolotti, LLP on 8/20/2012

Those who think antitrust is relevant only for big business should think again. Failing to recognize antitrust risk is costly. Violations of the federal antitrust laws may result in penalties for individuals of up to $1...more

Antitrust Compliance Programs: Time to Recalibrate Your Risk-Benefit Analysis?

by McDermott Will & Emery on 7/19/2012

Recent developments in the global legal landscape point to the inevitable conclusion that having an effective antitrust compliance program in place is now more important than ever. ...more

ITC Poised to Address Viability of RAND Defense in Section 337 Litigation

by Duane Morris LLP on 7/10/2012

The U.S. International Trade Commission (ITC) recently indicated that it will finally address the issue of whether and to what extent members of Standards Setting Organizations (SSOs) who make commitments to license...more

The JOBS Act – Benefits for Small Businesses

by Ingram Yuzek Gainen Carroll & Bertolotti, LLP on 7/2/2012

On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups, or JOBS, Act. The JOBS Act will have broad impact as it relaxes securities regulations for smaller and start-up businesses and creates...more

Antitrust Issues for Associations

by Venable LLP on 6/25/2012

In this presentation: - Antitrust Basics - Application of the Antitrust Laws to Associations - Compliance Programs and Associations - Discussion and Q&A Please see full presentation below for more...more

Commercial Distribution as a tool for the international promotion of goods and services

by Stuart Miller on 6/8/2012

Presentation on International Distributorship law to Anglo-Spanish lawyers' conference in London on 8 June 2012....more

Keeping The FTC Out Of Your Space: Lessons From Myspace

by Mintz Levin - Privacy & Security on 6/4/2012

Originally published in Law360, New York (May 30, 2012, 1:08 PM ET) Once again, the Federal Trade Commission has issued a warning to companies with online privacy policies: If your privacy policy misrepresents...more

Below-cost pricing by a dominant company may not constitute a breach of EU competition law

by K&L Gates LLP on 4/5/2012

A recent European Court case has confirmed that a dominant firm will not breach EU competition law simply by selling its services below their total cost, as long as the services are charged above their 'incremental' cost....more

China Law Alert: Focus on Competition - March 2012

by McDermott Will & Emery on 3/26/2012

China’s New Merger Control Regime Makes Major Progress in Its First Three Years It is now just over three years since China’s Anti-Monopoly Law (AML) was introduced. Compared with the well-established practices of U.S....more

Tackling ‘Pay-For-Delay’ In California Supreme Court

by Zelle Hofmann Voelbel & Mason LLP on 3/12/2012

Originally Published in Competition Law360 Last month, the California Supreme Court granted a petition for review to consider the legality of “pay-for-delay” agreements. Under these agreements, also referred to as...more

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Antitrust & Trade Regulation › Business Organization › Commercial Law & Contracts

United States Supreme Court Victory for St. Louis-Based Monsanto

The Compliance Stepchild: Antitrust

Understanding & Mitigating Third Party Corruption Risk Under Canada’s Corruption of Foreign Public Officials Act

How To Represent Prospective Franchisees And Franchisors

FTC Announces Increased Hart-Scott-Rodino Thresholds

Aggiornamento Normativo: Il Rating Di Legalità

Under Agency Law, Standard Setting Organizations May Be Liable for Antitrust Violations of Their Members

Doing Business in Canada: Offences Under The Competition Act

Parental Liability: The Importance of Following the Rebuttal Procedure Carefully

Can a Hospital Alliance Constitute a Single Entity for Antitrust Purposes? It Depends, Says One District Court

UK’s Top Antitrust Regulator Issues New Fines Guidance: Penalties to Better Reflect the Impact of Relevant Conduct

When Associations Attack: Beware Standing and Other Pitfalls When Suing on Behalf of Members

Cross-Border M&A: Opportunities and Dealbreakers in Europe [Video]

China Merger Control in August 2012: Wal-mart, e-Commerce and VIE Structure

Cartels and Dominance: New Risks and Opportunities for Companies in China

An Ounce of Prevention: An Effective Antitrust Compliance Program

Antitrust Compliance Programs: Time to Recalibrate Your Risk-Benefit Analysis?

ITC Poised to Address Viability of RAND Defense in Section 337 Litigation

The JOBS Act – Benefits for Small Businesses

Antitrust Issues for Associations

Commercial Distribution as a tool for the international promotion of goods and services

Keeping The FTC Out Of Your Space: Lessons From Myspace

Below-cost pricing by a dominant company may not constitute a breach of EU competition law

China Law Alert: Focus on Competition - March 2012

Tackling ‘Pay-For-Delay’ In California Supreme Court

Cross-Border M&A: Opportunities and Dealbreakers in Europe [Video]

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