Competition

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Health Care Competition Follow-up Exam: Highlights from the Second FTC/DOJ “Examining Health Care Competition” Workshop

Last week, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) co-hosted the second installment of their public workshop series, “Examining Health Care Competition.” Complementing last year’s focus on...more

No Competitors In My Backyard?

In Paradise Lost, John Milton wrote that “easy is the descent into Hell, for it is paved with good intentions.” A modern environmental lawyer might say that the road to waste, inefficiency, and obstruction is paved with good...more

The World in US Courts - Winter 2015: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border...

Winter 2015 - The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Winter 2015 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global...more

Cartels - Enforcement, Appeals & Damages Actions: Taiwan

Cartel law and enforcement regime – The governing law for competition enforcement activity in Taiwan is the Taiwan Fair Trade Act (“TFTA”). The TFTA was enacted in February 1991 and has been amended several times,...more

EU Investigates Tax Rulings for Breach of State Aid Rules

The European Commission is currently conducting in-depth investigations into whether national tax rulings breach the EU’s competition rules. Whilst the spark for these investigations was the “Luxleaks” scandal, in December...more

Federal Advertising Guidelines for Businesses

The Federal Trade Commission Act prohibits advertising that is untruthful, deceptive, or unfair, and it requires advertisers to have evidence to back up their claims. There are also other federal laws applicable to...more

UAE Merger Control Update: Implementing Regulations Now In Force

Implementing Regulations clarify some points, but fall short on others . Introduction - On 27 October 2014 the Implementing Regulations (the Regulations) for the UAE Federal Law No. 4 of 2012 (the Competition...more

Newsletter: January 2015

In This Issue: - Main Article: ..EC Competition Law: Latest Developments Provide Ever Greater Opportunities for Private Enforcement - Noted With Interest: ..The Strategy of Lone Pine Orders: Timing...more

"Antitrust and Competition: Surveying Global M&A Enforcement Trends"

US: Continuation of Aggressive Review and Enforcement - In 2014, the U.S. Department of Justice’s Antitrust Division (DOJ) and the Federal Trade Commission (FTC) further embraced their aggressive approach to merger...more

FTC and DOJ to Host Second Public Workshop on Health Care Competition

Last March, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) began a public workshop series entitled, “Examining Health Care Competition.” On February 24 and 25, 2015, the FTC will physically host the...more

FTC Cracks Down On Trade Associations; Warns Against Rules That Restrict Competition

On December 23, 2014, the Federal Trade Commission (FTC) settled two cases against trade associations, which agreed to amend their organizational documents that the FTC claimed limited competition among the association...more

Missouri Court Refuses to Enforce Non-Compete in Staffing Agency Fight Between Kforce and Beacon Hill

A recent case out of the Eastern District of Missouri provides a perfect example of what judges should do when evaluating non-compete agreements: That is to say that judges should conduct a thoughtful analysis that accounts...more

To Sue or Not to Sue: That Is the Trade Secret Question

You have just learned that a senior member of the company research and development team has resigned. The employee had access to important confidential information about your company’s product development, manufacturing...more

New EU Directive Promoting Antitrust Damage Claims

Today, the EU considers that those affected by competition law infringement in some Member States are not able to effectively exercise their right to compensation. New EU legislation seeks to address obstacles to successful...more

Strategic Considerations in Litigating Design-Arounds - Vol. 20, No. 6

Design-arounds are a well-recognized pathway for the public to benefit from the patent system. “One of the benefits of a patent system is its so-called ‘negative incentive’ to ‘design around’ a competitor’s products, even...more

FTC Competition Priorities

FTC Commissioner Julie Brill discussed the agency’s competition and consumer protection priorities in her keynote address last Thursday at the ABA’s Antitrust Fall Forum at the National Press Club in Washington. Brill led off...more

Italian Competition Authority Issues Guidelines on Antitrust Infringement Fines

On 31 October 2014, the Italian Competition Authority published its long-awaited guidelines on the method for setting fines for antitrust infringements (Guidelines), which present important changes to the current fining...more

October 2014: Trademark Litigation Update

Supreme Court Opens the Door to More False Advertising Claims. In a unanimous decision, Lexmark International Inc. v. Static Control Components, Inc., 134 S. Ct. 1377 (2014), the Supreme Court held that a plaintiff...more

Exploring the Relationship Between Price and Competition Among Physician Practices

The latest from the Journal of the American Medical Association (JAMA) is a thematic issue organized around a prominent topic in healthcare: price, cost, and competition. Contributing to the debate is an article titled,...more

Important Court of Appeal garden leave decision

Tim Marshall a Partner in our London office, comments: The Court of Appeal has today handed down judgment in an important case on garden leave. The decision in Sunrise Brokers LLp v Rodgers extends the impact of the decision...more

Gibson Guitar Facing 15 Trademark Opposers

A brand owner’s non-traditional trademark application will sometimes gain the critical attention of multiple direct competitors. Gibson Guitar’s unlucky number is apparently fifteen....more

Antitrust and Competition Newsletter - October 2014 (Global)

Recent U.S. Criticism of China’s Enforcement of Its Antitrust Laws Against Foreign Companies - For some time, many in the antitrust community have expressed concerns about how China is enforcing its antitrust laws...more

Private antitrust enforcement in Switzerland

There is a wide range of remedies under Swiss competition law for business litigants. Inventive remedies include compelled access to what American antitrust lawyers would call an “essential facility.” But recent proposed...more

Canadian Competition Bureau chief takes a tough stance on pay-to-delay agreements

The Canadian Competition Bureau intends to take a tough approach to so-called “pay-to-delay” settlements, potentially anti-competitive agreements in which generic drug manufacturers agree to delay the launch of a low-cost...more

Competition & Regulation Update: October 7, 2014

A Snapshot - New Developments Shaping Australia's Cartel Enforcement Landscape: Identifying and prosecuting cartel conduct is an "enduring priority" for the Australian Competition and Consumer Commission (ACCC) and...more

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