Welcome to the second issue of our global competition and antitrust law newsletter Antitrust Matters. The importance and shifting nature of antitrust problems facing companies and individuals is by its nature, a work in progress. There are always hot topics on the agendas of the enforcement agencies and at play in the courts. A significant example: nearly 100 years after Congress passed the Federal Trade Commission Act, the intent and meaning of one of its key provisions remains largely unsettled. In Section 5 of the FTC Act, Congress prohibited “unfair methods of competition” but declined to elaborate further. The FTC, for its part, has never issued any clear official guidance on its views of the provision. This ill-defined proscription is a potential challenge for modern businesses — and their legal counsel — when advising on the boundary between legal and illegal conduct. Specifically, if Section 5 proscribes conduct that is permissible under the US Sherman Antitrust Act, exactly how far does it reach...

...We hope you liked the first edition of Antitrust Matters and will equally enjoy this, our second edition, in which our team of lawyers explores antitrust issues across additional jurisdictions.

In This Issue:



..A wind of change? On the concept of state aid

..No mercy for cartel facilitators


..Austrian Supreme Court: scope of an initial search warrant can be extended based on a file note in a dawn raid chance finding


..Belgium’s new Competition Authority: Has the game changed?


..Exercising patent rights in light of German and EU competition law


.. Postponement of deadlines in antitrust proceedings must be justified

-The Netherlands:

..ACM fines telecom provider €30 million for breach of non-discrimination obligation


..Recent Supreme Court abuse of dominance assessment – access to ski lift facility


..Restrictions on online distribution under scrutiny in Poland


..RCC decision regarding the applicability of the must-carry obligation


..Freedom of enterprise and market sharing agreements


-United States:

..DOJ auto parts cartel investigation rolls on

..Another hospital-physician group merger fails the antitrust test

..Anti-Trust Division San Francisco office continues aggressive prosecution policy



..MOFCOM publishes criteria for a simplified merger review


Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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