News & Analysis as of

Anti-Monopoly

Mylan Sued For Illegally Protecting EpiPen®’s Market Share

Last Monday Sanofi brought an antitrust suit against Mylan, alleging that Mylan engaged in illegal conduct to suppress competition in the epinephrine auto-injector (“EAI”) market, which is dominated by Mylan’s billion-dollar...more

China’s Draft IPR Guidelines Reach Final Consultation Stages

by Allen & Overy LLP on

Speed read - On 23 March 2017, the Antimonopoly Commission of China’s State Council (“AMC”) published the long-expected draft Guidelines on Prohibition of Abuses of Intellectual Property Rights (“draft IPR Guidelines”)...more

Antitrust Not Always Available in Competitor Disputes in the Healthcare Sector

The antitrust injury and antitrust standing defenses/doctrines are alive and well in healthcare.  A recent case, SCPH Legacy Corp. et al. v. Palmetto Health et al., shows that a competitor is not always the most legally...more

Antitrust in China: 2016 highlights and an outlook on 2017

by Allen & Overy LLP on

The three Chinese antitrust authorities – Ministry of Commerce (MOFCOM), the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC) – overall remained very active in...more

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Winter 2017

by Hogan Lovells on

FTC takes another look at merger remedies - On 3 February 2017, the U.S. Federal Trade Commission (“FTC”) released its Merger Remedies Study, which analyzed the success of merger remedies imposed by the FTC from 2006 to...more

Competition Major Russian legislation changes for 2016

by Dentons on

We would like to present the overview of the most important legislation changes in competition for 2016. In contrast to 2015, which was marked by the adoption of the “fourth antimonopoly package”1, the past year was not...more

Aetna-Humana Merger Blocked

by Pierce Atwood LLP on

The District of Columbia federal court recently ruled that a proposed $37 billion merger between health insurance giants Aetna and Humana cannot proceed, granting the US Department of Justice’s bid to block the combination on...more

Changes to Polish Antimonopoly Law in a Nutshell

by McDermott Will & Emery on

The Polish Office of Competition and Consumer Protection (Urzad Ochrony Konkurencji i Konsumentów, “UOKiK”) has recently published its 2015 annual report presenting its first experiences with the recent amendments to Polish...more

Recent major amendments to the antimonopoly legislation

by Dentons on

On 1 January 2017, the Law of the Republic of Kazakhstan “On Amendments to Certain Legislative Acts of the Republic of Kazakhstan on Competition and State Support to Housing Development” (the Law) came into effect. The...more

China’s MOFCOM Announces First-Ever Gun-Jumping Penalty in a Transaction Not Involving a Chinese Company

by Latham & Watkins LLP on

MOFCOM continues efforts to increase enforcement of its merger notification requirements, despite very limited penalty options. On January 4, 2016, China’s Ministry of Commerce (MOFCOM) announced that it had fined...more

In a Groundbreaking Decision, Third Circuit Provides Framework for Evaluating Numerosity

by Pierce Atwood LLP on

One of the least disputed elements of class certification is Rule 23(a)(1) numerosity, and so there is relatively little analysis from the courts about it. Last month, however, a divided panel of the Third Circuit provided a...more

News of Ukrainian Antitrust Regulation

by DLA Piper on

On 20 September 2016, the Head of the Antimonopoly Committee of Ukraine (AMC), Yuriy Terentyev, announced a six months extension (until 15 March 2017) for the so-called "amnesty" program regarding liability for the failure to...more

Ninth Circuit Issues “Antitrust Primer for Aftermarket Issues” in Aerotec

by Perkins Coie on

In a precedent-setting opinion, the U.S. Court of Appeals for the Ninth Circuit in Aerotec International, Inc. v. Honeywell International, Inc., No. 14-15562, 2016 WL 4709868 (9th Cir. Sept. 9, 2016), affirmed the summary...more

Anti-Monopoly Disputes Are Not Arbitrable According to Chinese Court

by WilmerHale on

On August 29, the Jiangsu Provincial Higher People's Court ruled that an arbitration clause did not apply to an anti-monopoly dispute in a 10 million yuan ($1.5 million) case brought by a distributor against a manufacturer....more

Business Litigation Report - July 2016

Article: Increase in Vertical Price Restraint Enforcement in China - In recent months, Chinese anti-monopoly enforcement actions scrutinizing and penalizing pricing-related issues have noticeably increased. A growing...more

Increase in Vertical Price Restraint Enforcement in China

In recent months, Chinese anti-monopoly enforcement actions scrutinizing and penalizing pricing-related issues have noticeably increased. A growing number of foreign companies in consumer-facing industries have received...more

Israel’s Anti-Concentration Law Presents Unique PE Opportunity

by Latham & Watkins LLP on

In December 2013, Israel introduced new legislation — the Law for the Promotion of Competition and Reduction of Concentration — designed to break the dominance of large corporations and strengthen competition in the country’s...more

New interaction matrix for retailers and food product suppliers elaborated

by Dentons on

On 3 July 2016 Federal Law No. 273-FZ was adopted, which requires retailers and food product suppliers to review existing contractual relationships and to choose new legal forms for their interaction. The major amendments...more

Fair Competition Review System

On June 14, 2016, the State Council issued Opinions on Establishing the Fair Competition Review System in the Development of Market System (hereinafter “Opinions”), which finally uncovers the veil of this system....more

India’s Competition Authorities Investigate Monsanto

Monsanto’s Indian joint venture has come under fire anew for allegedly anti-competitive behavior. India’s Competition Commission opened investigations this week into allegations that Monsanto and its partner Mahyco...more

RF state duma may consider draft law on new rules for retailers in this year’s spring session

by Dentons on

In May 2015 the RF State Duma adopted at the first reading the Draft Law on Amendments to Certain Legal Acts of the RF Concerning Antimonopoly Regulation and Ensuring Food Safety1 (“Draft Law”), which was introduced by a...more

China Competition Authority Initiates Drug Pricing Investigation

On May 22, 2015, the National Development and Reform Commission (the NDRC) of China promulgated a notice (the Pricing Investigation Notice) announcing that it would carry out a nationwide drug pricing investigation on...more

Requirements to concentration filings changed (Ukrainian)

by Dentons on

On 18 May 2016, the Law of Ukraine “On Amendments to the Law of Ukraine ‘On Protection of Economic Competition’ concerning the increase of efficiency of control over economic concentrations” adopted by the Parliament of...more

Requirements to concentration filings changed

by Dentons on

On 18 May 2016, the Law of Ukraine “On Amendments to the Law of Ukraine ‘On Protection of Economic Competition’ concerning the increase of efficiency of control over economic concentrations” adopted by the Parliament of...more

SEP-Based Injunctions: Down But Not Out

by Allen & Overy LLP on

One important question for standard essential patent (“SEP”) holders is whether they can still seek and enforce injunctions. Some take the view that the act of seeking injunctive relief is inherently inconsistent with an SEP...more

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