Antitrust & Trade Regulation, Mergers & Acquisitions, Commercial Law & Contracts

Glencore’s Long March to Take Over Xstrata

by Rebecca Campbell, Patrick Ma, John Tivey | White & Case LLP on 4/29/2013

At long last, Glencore has overcome the final regulatory hurdle and secured the approval of China’s Ministry of Commerce (MOFCOM) to acquire the 66 percent of Xstrata that it does not already own. But not before agreeing to...more

MOFCOM Opens Public Consultation on Detailed Merger Remedies Proposals

by Siobhan Kahmann, Hai-Ching Yang | K&L Gates LLP on 4/19/2013

I. Introduction - Since the inception of China’s Anti-monopoly Law in 2008, the Ministry of Commerce (“MOFCOM”), the government authority responsible for merger review, has taken an active role in analyzing and...more

MOFCOM Requests Public Comments on Draft Provisions Related to Remedies Imposed in Conditional Approvals

by Becky Koblitz | Sheppard Mullin Richter & Hampton LLP on 4/2/2013

Since the Anti-monopoly Law (“AML”) has come into effect in August 2008, MOFCOM has issued 16 conditional approvals requiring certain structural or behavioral remedies in order to prevent the anticompetitive consequences...more

Antimonopoly Law Considerations and Risk Management in connection with M&A Transactions

by L. Mark Weeks | Orrick, Herrington & Sutcliffe LLP on 2/24/2013

In This Presentation: - General Indemnity: (1) Background and structure (2) Main provisions (3) Conduct of claims - Antitrust Indemnity: (1) Background (2) Main provisions (3) Conduct of...more

REGULATORY - Competition Law/Russia: Russia Gives Go-Ahead to Rosneft’s Acquisition of TNK-BP

by King & Spalding on 2/6/2013

The Russian Federal Antimonopoly Service (“FAS”) has cleared Rosneft’s US$ 55 billion acquisition of TNK-BP, subject to divestments and conduct remedies. The deal will reduce the number of major oil companies in Russia from...more

DOJ Assistant Attorney General William Baer’s First Merger Challenge Confirms Continued Aggressive Merger Enforcement by Antitrust...

by Christi Braun, Robert G. Kidwell, Helen Kim, Farrah Short, Bruce D. Sokler, Shoshana S. Speiser | Mintz Levin - Antitrust on 2/5/2013

On January 31, 2013, the Antitrust Division of the Department of Justice (“DOJ”) filed its first lawsuit challenging a merger under newly sworn-in Assistant Attorney General, William J. Baer. Both the facts and circumstances...more

Unfiltered Orange | Weekly eDiscovery News Update – January 30, 2013

by Rob Robinson on 1/30/2013

Recognized nationally in Forbes’ Law and Technology Blog as a leading source of trusted eDiscovery information, Orange Legal Technologies’ Unfiltered Orange newsletter is published weekly to provide legal and technology...more

How Do You Solve a Problem Like PAEs?

by Robert P. Davis, Jeffri Kaminski | Venable LLP on 1/17/2013

Policy makers in Washington, DC have been hearing about the problems created by patent assertion entities – PAEs or, to some, “patent trolls” – from a number of quarters over the past few years. PAEs are generally entities...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

New Competition Regulation in the United Arab Emirates - Considerations for Commercial Practices and Transactions

by King & Spalding on 1/8/2013

This briefing identifies the types of practices and transactions in which domestic competition law might be relevant to doing business in the United Arab Emirates (the UAE) in light of the new federal competition law set to...more

Are the Regulators Coming after the Patent Trolls?

by Bill Devinney | BakerHostetler on 12/24/2012

The Federal Trade Commission and the Department of Justice recently held a workshop to discuss the effects of patent assertion entities (PAEs) on innovation and competition....more

Price-Cost Test Does Not Apply in Exclusive Dealing Cases Where Pricing Is Not the Exclusionary Tool, Third Circuit Holds

by Ballard Spahr LLP on 10/3/2012

The U.S. Court of Appeals for the Third Circuit in ZF Meritor, LLC v. Eaton Corporation affirmed a jury’s verdict in favor of ZF Meritor LLC and Meritor Transmission Corporation finding that Eaton Corporation, a leading...more

New FTC/DOJ Position Will Require Heightened Regulatory Reporting of Pharma, Biological and Diagnostic Licenses -- October 25,...

by Loeb & Loeb LLP on 10/3/2012

The Federal Trade Commission and Department of Justice recently announced revisions to the Hart-Scott-Rodino (HSR) Act’s premerger notification rules to require enhanced reporting of transactions (including licenses) relating...more

Calif. On Board As Health Care Antitrust Enforcer

by Sheppard Mullin Richter & Hampton LLP on 9/28/2012

Originally published in Law360, New York (September 27, 2012, 2:13 PM ET) California’s attorney general has recently launched a broad investigation into whether increasing consolidation among hospitals and physician...more

Anti-Competitive Conduct in China: A Dialogue with NDRC and SAIC Officials on Enforcement under China's Anti-Monopoly Law

by Sheppard Mullin Richter & Hampton LLP on 9/19/2012

On August 27, 2012 the American Chamber of Commerce, Beijing, hosted a luncheon meeting where Ms. Li Qing, Deputy Director, National Development and Reform Commission (“NDRC”) Price Supervision and Anti-Monopoly Bureau, and...more

FTC Seeks Comments on Proposed HSR Rule Amendments Related to the Transfer of Exclusive Patent Rights in the Pharmaceutical...

by Perkins Coie on 9/10/2012

The Federal Trade Commission (“FTC”) recently announced and asked for comments on proposed changes to the premerger notification rules under the Hart-Scott-Rodino Act (“HSR Act”). The proposed rules would require...more

Insurance Antitrust Legal News - September 2012 • Volume 1, Number 3

by Dickinson Wright on 9/5/2012

In This Issue: - 6th Circuit Holds McCarran-Ferguson Act Bars Antitrust Claims against Title Insurers by James M. Burns: On July 17, the Sixth Circuit Court of Appeals issued its long awaited decision in Katz v....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

FTC Sights Set on Pharma Deals – Calls for Additional Hart-Scott-Rodino Reporting

by Proskauer Rose LLP on 8/29/2012

The Federal Trade Commission has proposed expanding Hart-Scott-Rodino reporting and waiting period obligations for certain pharmaceutical, biologics and medicine manufacturing licenses. The new rules are subject to public...more

FTC Flexes Healthcare Regulatory Muscle

by Morgan Lewis on 8/23/2012

Proposed rule includes new requirements for reporting pharmaceutical patent transfers. On August 13, the Federal Trade Commission (FTC) released proposed amendments to the premerger notification rules (the Proposed...more

Yet Another Turn of the Screw: The FTC Again Targets Pharmaceutical Industry, This Time Through the HSR Act

by K&L Gates LLP on 8/21/2012

Fresh from its victory in the Third Circuit on “pay-for-delay” deals involving brand name and generic pharmaceutical companies, the Federal Trade Commission (“FTC”) has announced yet another initiative aimed at the...more

FTC Proposes Amendments to HSR Rules Targeting Certain Pharmaceutical Licensing Arrangements

by Mintz Levin - Antitrust on 8/17/2012

The Federal Trade Commission (FTC) recently announced proposed amendments to the Premerger Notification Rules (HSR Rules) to clarify reporting requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as...more

FTC’s Proposed Rules Would Generate More HSR Filings for Transfers of Pharmaceutical Patent Rights

by McDermott Will & Emery on 8/17/2012

The U.S. Federal Trade Commission’s new proposed Hart-Scott-Rodino Act rules will apply only to transfers of pharmaceutical patent rights and are expected to increase the number of filings. Comments on the proposed rules will...more

FTC Proposes Amendments to the Premerger Notification Rules to Expand the Reportability of Transfers of Exclusive Patent Rights in...

by Sheppard Mullin Richter & Hampton LLP on 8/16/2012

On August 13, 2012, the Federal Trade Commission (“FTC”) proposed amendments to the Premerger Notification Rules issued under the Hart Scott Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The proposed amendments...more

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Antitrust & Trade Regulation › Mergers & Acquisitions › Commercial Law & Contracts

Glencore’s Long March to Take Over Xstrata

MOFCOM Opens Public Consultation on Detailed Merger Remedies Proposals

MOFCOM Requests Public Comments on Draft Provisions Related to Remedies Imposed in Conditional Approvals

Antimonopoly Law Considerations and Risk Management in connection with M&A Transactions

REGULATORY - Competition Law/Russia: Russia Gives Go-Ahead to Rosneft’s Acquisition of TNK-BP

DOJ Assistant Attorney General William Baer’s First Merger Challenge Confirms Continued Aggressive Merger Enforcement by Antitrust...

Unfiltered Orange | Weekly eDiscovery News Update – January 30, 2013

How Do You Solve a Problem Like PAEs?

FTC Announces Increased Hart-Scott-Rodino Thresholds

New Competition Regulation in the United Arab Emirates - Considerations for Commercial Practices and Transactions

Are the Regulators Coming after the Patent Trolls?

Price-Cost Test Does Not Apply in Exclusive Dealing Cases Where Pricing Is Not the Exclusionary Tool, Third Circuit Holds

New FTC/DOJ Position Will Require Heightened Regulatory Reporting of Pharma, Biological and Diagnostic Licenses -- October 25,...

Calif. On Board As Health Care Antitrust Enforcer

Anti-Competitive Conduct in China: A Dialogue with NDRC and SAIC Officials on Enforcement under China's Anti-Monopoly Law

FTC Seeks Comments on Proposed HSR Rule Amendments Related to the Transfer of Exclusive Patent Rights in the Pharmaceutical...

Insurance Antitrust Legal News - September 2012 • Volume 1, Number 3

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

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

FTC Sights Set on Pharma Deals – Calls for Additional Hart-Scott-Rodino Reporting

FTC Flexes Healthcare Regulatory Muscle

Yet Another Turn of the Screw: The FTC Again Targets Pharmaceutical Industry, This Time Through the HSR Act

FTC Proposes Amendments to HSR Rules Targeting Certain Pharmaceutical Licensing Arrangements

FTC’s Proposed Rules Would Generate More HSR Filings for Transfers of Pharmaceutical Patent Rights

FTC Proposes Amendments to the Premerger Notification Rules to Expand the Reportability of Transfers of Exclusive Patent Rights in...

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

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