Commercial Law & Contracts, Antitrust & Trade Regulation, Administrative Law

2013 Outlook for Credit Counseling: A Legal and Regulatory Perspective

by Jonathan L. Pompan | Venable LLP on 1/14/2013

Originally published in "The Independent Counselor" - January 2013. As the start of 2013 is upon us, nonprofit credit counseling agencies will be trying to anticipate the needs of their communities, by knowing what to...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

Chinese Authorities Fine LCD Cartel Members in NDRC’s First Global Cartel Decision

by Veronica Lockyer | Orrick, Herrington & Sutcliffe LLP on 1/8/2013

China’s National Development and Reform Commission (NDRC) has fined six liquid crystal display (LCD) manufacturers a total of RMB 353 million (USD 56 million) for their participation in a cartel to fix the price of LCD panels...more

Insurance Antitrust Legal News - January 2013 • Volume 2, Number 1

by James M. Burns | Dickinson Wright on 1/4/2013

In This Issue: - Michigan Governor Vetoes Legislation Banning Health Insurers From Utilizing Most Favored Nation Clauses In Provider Contracts - DOJ Antitrust Division Approves Wellpoint’s Acquisition Of...more

FTC Report On Interchange Fees Addresses Community Banks

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 12/28/2012

The Dodd-Frank Wall Street Reform and Consumer Protection Act amended the Electronic Fund Transfer Act, or EFTA, to restrict interchange fees and to prohibit exclusive networks for debit card transactions. The Federal Trade...more

Federal Trade Commission Report on Activities Related to Section 1075 of the Dodd-Frank Act

by Davis Wright Tremaine LLP on 12/28/2012

Pursuant to the FY2012 Omnibus Appropriations Legislation, the FTC recently released a report to Congress (“Report”) on the FTC’s enforcement, outreach and other activities implementing the Durbin Amendment rules, as well as...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

REGULATORY: UK Competition Law: Playing the Energy Game; Regulating Market Outcomes by Suzanne Rab, Derek Holt*

by King & Spalding on 12/21/2012

With the nip of winter in the air, the announcement of price increases by Britain’s largest natural gas and electricity firms raises the perennial debate about the competitiveness of energy markets. In a surprising...more

FTC/DOJ Workshop Shines Spotlight On Competitive Harms and Benefits of Patent Assertion Entities

by Ropes & Gray LLP on 12/20/2012

On Monday, December 10, 2012, the Federal Trade Commission and the Antitrust Division of the Department of Justice held a joint workshop (Agenda) on the activities of patent assertion entities (“PAEs”). PAEs, sometimes...more

Your Chinese Trading Partners’ SAFE Status May Impact Your Payment Terms

by Thomas G. Appleman, Yanping Wang | Miller Canfield on 12/10/2012

Chinese currency (renminbi or RMB) is not an internationally convertible currency. A Chinese company needs to convert its RMBs into internationally circulated currencies to pay for imported goods or convert foreign currencies...more

Antitrust Monopolization Considerations in Licensing Cutting-Edge Food Technology Patents

by Paul D. Swanson | Lane Powell PC - Food, Beverage and... on 12/6/2012

The term pioneer patent is often misapplied with hyperbole and exaggeration. When it comes to the shrimp peeling machine invented by Fernand and James Lapeyre, however, that blockbuster label is spot-on. Their automated...more

Up in the air – the suspension of the aviation EU ETS for non-EU airlines: UPDATE

by Shariq Gilani, Nicholas Rock, Peter Zaman | Reed Smith on 11/26/2012

Since our client alert last week, the European Commission has published a draft Decision and ‘Questions and Answers’ (“Q&As”), elaborating on its proposal to ‘stop the clock’ on the international aviation elements of the EU...more

Consumer Prices, Nominal Retail Trade, Real Retail Trade (Italy, 2001-2012)

by Nicola Carmine Salerno on 11/23/2012

Tra il Gennaio 2001 e il Settembre 2012, sono poste a confronto le seguenti tre serie: 1) Commercio al dettaglio a valori nominali; 2)Prezzi al consumo (indice armonizzato Europa, HICP); 3) Commercio al dettaglio in...more

Increased Participation and Transparency: UK Antitrust Regulator Issues Revised Antitrust Guidance

by McDermott Will & Emery on 10/29/2012

UK antitrust regulator issues revised antitrust guidance. The OFT introduces increased transparency, more active participation and greater checks and balances into antitrust proceedings....more

Second Circuit Applies the Filed Rate Doctrine to Electricity Rates Set by Market-Based Auctions

by Mintz Levin - Energy & Clean Technology on 10/29/2012

The filed rate doctrine precludes antitrust challenges to rates set or approved by federal agencies. The doctrine is broadly applied and covers, for example, wholesale electricity rates that are filed with the Federal Energy...more

UK Launches Motor Insurance Market Investigation

by King & Spalding on 10/3/2012

The Office of Fair Trading (OFT) has referred the UK’s private motor insurance market to the Competition Commission (CC) for an-depth investigation because it suspects that the market may not be working well for motorists. It...more

Patent Wars: EU’s Top Regulator Takes Front Line Position

by McDermott Will & Emery on 10/1/2012

Essential Patents, FRAND Licensing and Abuse of Market Power There has been a spate of antitrust complaints to the European Commission and other antitrust authorities of late, regarding the licensing of "essential...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

"Second Circuit Affirms KeySpan Dismissal of Federal Antitrust Class Action Alleging Electricity Overcharges Based on Filed Rate...

by Skadden, Arps, Slate, Meagher & Flom LLP on 9/24/2012

On September 20, 2012, the United States Court of Appeals for the Second Circuit affirmed KeySpan’s victory in Simon v. KeySpan, holding for the first time that the filed rate doctrine can bar private claims related to...more

In Agricultural Regulation, A "Flawed Rate" is Not a "Filed Rate" For Damage Purposes

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

Notwithstanding the general applicability of the Filed Rate Doctrine, the Ninth Circuit recently held that it does not necessarily bar producer class actions for overcharges. Whether a given rating authority has “rejected” a...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

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Commercial Law & Contracts › Antitrust & Trade Regulation › Administrative Law