General Business Business Organization Antitrust & Trade Regulation

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FTC Targeting Trade Associations?

On May 1, the Federal Trade Commission issued a press release concerning the antitrust risks involved in trade association activity and cautioned such groups that the Commission continues to maintain an active antitrust...more

Cartel Fines: Liability of Private Equity Funds

The European Commission has held Goldman Sachs jointly and severally liable for a cartel infringement committed by Prysmian, an Italian cable maker formerly owned by Goldman Sachs’ private equity arm. The decision is a stark...more

Commission Holds Goldman Sachs Liable for Former Portfolio Company’s Antitrust Infringement

In its decision of 2 April 2014 in relation to the underground and submarine high voltage power cables cartel case, the European Commission (Commission) held the parent companies of the producers involved liable, on the basis...more

Amicus Decries “Tortification” Of Contract Law

In For Executives, This May Have Been The Most Frightening Holding Of 2013, I wrote about the Court of Appeal’s decision in Asahi Kasei Pharma Corp. v. Actelion Ltd., 222 Cal. App. 4th 945 (2013). Readers may recall that...more

Professional and Trade Association Codes of Ethics Can Lead To Antitrust Trouble

Professional and trade associations contribute to the public welfare in many ways, including disseminating information, promoting research, developing standards and spurring industry initiatives. But such associations...more

What's the One Thing Missing From Your Corporate Compliance Program?

What's the one thing missing from most corporate compliance programs? For a legal perspective, that's the question we put to corporate attorneys writing on JD Supra, asking each to commit to just one essential element...more

Takeovers Panel Decisions: Briefing Notes Publication

These publications will cover the key decisions from the Takeovers Panel and break them down to highlight the key implications and learning points relevant to you. The Briefing Notes will all feature practical takeaway...more

FTC Announces Study of "Patent Assertion Entities"

The Federal Trade Commission (FTC) announced on September 27, 2013 that it would begin an investigation of so-called “patent assertion entities” (PAE). Its first step was to seek public comment on a lengthy series of...more

Norman Physician Hospital Organization — Factors Supporting Clinical Integration

Clinical integration is a somewhat imprecisely defined concept in the health care industry. Lawyers and health care executives have identified components and elements of clinical integration and frequently ask how many of...more

Guidelines of the Federal Antimonopoly Service

In this alert we discuss the Guidelines on the Procedure and Technique of Analysis of Joint Venture Agreements Containing Non-Compete Clauses which were approved by the Presidium of the Federal Antimonopoly Service (FAS of...more

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

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

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

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

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

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

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

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

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

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

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

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

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]

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

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

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

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