Anti-Competitive

News & Analysis as of

CMA gives the cold shoulder to fridge and bathroom suppliers “MAP Pricing"

The UK Competition and Markets Authority (“CMA”) continues to focus its attention on resale price maintenance particularly where it relates to minimum advertised prices (MAP) on on-line sites. The CMA has a history of...more

General Court of the EU Upholds Cartel Fines of €131 Million Imposed on Toshiba and Mitsubishi Electric, Dismisses Arguments Based...

By two judgments of January 19, 2015 (Case T-404/12 Toshiba v. Commission and Case T-409/12 Mitsubishi Electric v. Commission), the General Court of the European Union (GCEU) upheld the fines of €131 million imposed by the...more

The Financial Report - Volume 5, No. 2 - January 2016 (Global)

This week, the United States Supreme Court agreed to hear a case that could help to define what conduct constitutes insider trading and what level of proof the government must meet to successfully prosecute alleged insider...more

Texas Medical Board Appeals Immunity Ruling

In a notice of appeal filed on January 8, 2016, the Texas Medical Board appealed the Western District of Texas’s ruling that the Texas Medical Board was not entitled to state action immunity in an antitrust suit involving...more

EU and National Leniency Applications Independent Rules ECJ

On the 20 January 2016, the European Court of Justice (ECJ) handed down its ruling on a preliminary reference made by the Italian Council of State on the relationship between EU and national member state leniency applications...more

SDNY Dismisses Silver Monopolization Lawsuit but Leaves Door Open for Future Antitrust Suits Concerning Manipulations in the...

On January 12, 2016, Judge Engelmayer of the Southern District of New York dismissed a lawsuit against JP Morgan which alleged the bank (and some of its subsidiaries) monopolized silver futures spread trading in late 2010 and...more

In Case You Missed It: Launch Links - Week of January 10, 2016

Some interesting links we found across the web this week: Challenging Uber, Lyft Bets on a Road Wide Enough for Two - We ended our last post pondering the anti-competitive nature of a marketplace dominated by tech...more

Physician Practices Face Anti-Trust Risks, Too

On December 18, 2015, the Federal Trade Commission (FTC) announced a settlement with Keystone Orthopaedic Associates Specialists and Orthopaedic Associates of Reading, LTD, which were two of six orthopedic practices in Berks...more

FTC and Pennsylvania Attorney General Challenge Health System Combination

The Federal Trade Commission (FTC) and Pennsylvania Attorney General (AG) have challenged the proposed combination of The Penn State Hershey Medical Center (Hershey) and PinnacleHealth System (Pinnacle) in Harrisburg,...more

"4th Antitrust Set" of amendments

On 5 October 2015 the President of the Russian Federation signed the Federal Law No. 275-FZ "On Amending the Federal Law "On Protection of Competition" and Other Legal Acts of the Russian Federation", so-called the "4th...more

A Return to Evanston: FTC Revisits Old Ground in Yet Another Hospital Merger Challenge

Last week, the Federal Trade Commission (“FTC” or “Commission”) authorized staff to file an administrative complaint and to seek in federal court a temporary restraining order and a preliminary injunction to block the...more

FTC and Pennsylvania Attorney General Challenge Health System Combination

The Federal Trade Commission (FTC) and Pennsylvania Attorney General (AG) have challenged the proposed combination of The Penn State Hershey Medical Center (Hershey) and PinnacleHealth System (Pinnacle) in Harrisburg,...more

Competition & Regulation Update - What to Do if the ACCC Come Knocking: Practical Tips for Responding to Section 155(1)(A) and (B)...

The Australian Competition & Consumer Commission (ACCC) has broad powers to investigate suspected breaches of the competition and consumer provisions of the Competition and Consumer Act (CCA), including the use of coercive...more

The Hong Kong Competition Ordinance - December 2015, the D Day

On 14 June 2012, the Hong Kong Legislative Council passed the first cross-sector competition law in Hong Kong, the Competition Ordinance (Ordinance). The Ordinance created the Competition Commission (the Commission), which...more

The New Kid on the Block: Hong Kong’s New Competition Law Regime Has Come into Full Effect

Today Hong Kong's Competition Ordinance has come into full effect. The Ordinance gives Hong Kong its first general competition law that applies to all sectors of the economy. Please see full Memo below for more...more

Your daily dose of financial news The Brief – 12.7.15

Yale’s Robert J. Shiller (he of the “Case-Shiller Home Price Indices”) offers the reminder that humans aren’t computers as an introduction for the idea that the Fed’s expected move on short-term interest rates doesn’t...more

Competition and Market Regulation Update: Prior consent clauses in commercial leases: Competition law clarification

The Court of Justice of the European Union (CJEU) has confirmed that any clause protecting an anchor tenant from competition in a new development should be analysed as to their effect on competition in the local market under...more

European Competition Law Newsletter – December 2015

The UK Competition and Markets Authority (CMA) regularly publishes compliance materials aimed at educating the business community in the UK. These are well worth a read by anyone involved in competition law compliance in the...more

Federal Opinion Lays Out Categories of Unfair-Trade-Practice Claims

That five-category structure has now appeared in a judicial opinion for the first time, thanks to a recent opinion from Judge Louise Flanagan of the U.S. District Court for the Eastern District of North Carolina....more

NJ Developer Gets Green Light for Antitrust Suit as Rival Supermarket Owner Seeks to Block Wegmans

The Third Circuit Court of Appeals issued a precedential opinion last week when it ruled that a New Jersey real estate developer had standing to pursue antitrust claims against the owner of a nearby ShopRite who engaged in...more

What you need to know about Hong Kong Competition Law (Part 4) - The Merger Rule and the Telco Rule

The implementation of the new Competition Ordinance (Chapter 619 of the Laws of Hong Kong) (the Competition Ordinance) on 14 December 2015 will mark the first time that Hong Kong has had a general and cross-sector competition...more

FTC Urges FDA to Rethink Its Biosimilar Naming Proposal; Other Stakeholders Agree

The Federal Trade Commission (FTC) last week disputed the effectiveness and competitive impact of the Food and Drug Administration’s recently proposed biosimilar naming policy and argued that using different nonproprietary...more

What you need to know about Hong Kong Competition Law (Part 3) - The Second Conduct Rule

The implementation of the new Competition Ordinance (Chapter 619 of the Laws of Hong Kong) (the Competition Ordinance) on 14 December 2015 will mark the first time that Hong Kong has a general and cross-sector competition...more

Cox Communications Tying Class Action Goes to the Jury

After a near two-week trial in the consumer class action lawsuit against Cox Communications, the jury began deliberations this past Monday to decide whether Cox’s alleged practice of tying premium cable services to rentals of...more

ANDA Update - October 2015

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

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