Anti-Monopoly

News & Analysis as of

MoFo IP Newsletter - April 2016

The 2015 Changes to the Federal Rules Matter for Your Patent Case and Tech Business: Getting in the Courthouse Door Just Got Tougher - It used to be that a complaint for patent infringement would survive a motion to...more

Justice Scalia and the Demise of the “Genteel Monopolist”

A year before he took his seat on the Supreme Court, Justice Scalia’s future colleagues issued a decision encouraging dominant firms to behave more like that genteel, top hat wearing fellow from the Monopoly game than like...more

JFTC Wields Antitrust Law to Enforce FRAND Obligations of Standard Essential Patent

On January 21, 2016, the Japan Fair Trade Commission (“JFTC”) published revisions to its guidelines for the Antimonopoly Act (“AMA”). The new guidelines make it a fair trade practice violation for holders of a standard...more

Fourth Antimonopoly Package: Impact on M&A and Joint Ventures in Russia

A new version of the Russian Competition Law amended by the so-called ‘fourth antimonopoly package’ (the “275 Law”) came into effect on January 5, 2016 (except for certain provisions). The 275 Law includes long-expected...more

US CHINA TRADE WAR–Trump, Trade Policy, NME, TPP, Trade, Customs, False Claims, Products Liability, Antitrust and Securities

Dear Friends, After returning from a two week trip to China to work on the Solar Cells case, this March blog post will cover trade policy, including Trump’s impact on Trade Policy, trade, Customs, False Claims Act, the...more

What developments can we expect in the area of antimonopoly legislation in the near future?

One of the steps of "The Nation’s Plan – 100 Specific Steps to Implement Five Institutional Reforms" is to change the concept of the activity of the antimonopoly service of the Republic of Kazakhstan (the RK) and to bring it...more

FAS clarified certain aspects of the application of antimonopoly legislation to vertical agreements

At a recent meeting, the Presidium of the Federal Antimonopoly Service of Russia (the “FAS”) adopted Clarification No. 2 of 17 February 2016 (the “Clarification”), concerning the application of antimonopoly legislation to...more

China’s Allopurinol Case: Double Jeopardy For One Anti-Competitive Scheme?

Two successive decisions from the SAIC and the NDRC, the Chinese antitrust agencies in charge of prosecuting cartels and abuses of dominance, in the same matter concerning allopurinol, a commonly used generic pharmaceutical...more

Regulation of unfair competition and unfair advertising in CIS

Unfair competition is one of the most common violations of antimonopoly regulation in most of the CIS countries. Often linked to infringement of intellectual property rights, unfair competition can create a significant threat...more

Requirements to concentration filings changed

On 26 January 2016, the Parliament of Ukraine adopted 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...more

Requirements to concentration filings changed (Ukrainian)

On 26 January 2016, the Parliament of Ukraine adopted 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...more

Global Cartel Enforcement 2015 Year in Review

Developing trends: Auto parts and financial services penalties dominated global enforcement fine totals in 2015. And while financial services will remain a focus for enforcers in 2016, several new antitrust...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

"EU Allegations of Qualcomm Market Abuse Indicative of Global Enforcement Trend"

On December 8, 2015, the European Commission filed two Statements of Objections against U.S. semiconductor-maker Qualcomm Inc., alleging that the company had abused its dominant position in the baseband chipset market through...more

Antimonopoly Reform: a Number of Laws Adopted

The Verkhovna Rada of Ukraine adopted a law designated to ensure transparency of the Antimonopoly Committee of Ukraine. In particular, the following information now will be published within 10 working days...more

What Developments Can We Expect in the Area of Antimonopoly Law in the Near Future?

One of the steps announced in ‘The Nation’s Plan – 100 specific steps to implement five institutional reforms’ is to change the concept of operation of the antimonopoly service, bringing it into conformity with the standards...more

Successful Strategies for Doing Business in Asia: Japan (Updated)

WHAT ROLE WILL THE GOVERNMENT OF JAPAN PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT? Generally speaking, foreigners can conduct business in Japan on an equal legal footing with Japanese citizens. The...more

FAS Russia official recommendations on the commercial policies of manufacturers of pharmaceuticals and medical devices holding a...

On June 30, 2015 on its official site FAS Russia published recommendations for entities holding a dominant position on pharmaceuticals markets and medical devices markets (hereinafter together “pharmaceutical companies”) to...more

Amendments to the Antimonopoly Regulation in Kazakhstan

On 5 May 2015 the President signed the Law of the Republic of Kazakhstan “On Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Natural Monopolies and Regulated Markets” No....more

Further development of the competition legislation in Kazakhstan

On 7 May 2015, amendments to certain legislative acts to improve Kazakhstan’s legislation on natural monopolies and regulated markets, competition and development of the transport infrastructure were published. The Law of the...more

US China Trade War–Developments in Trade, Trade Politics, Patents/IP, Antitrust and Securites

On January 11thth, I put up my last post stating that because of its length, I have broken up the post into two parts. This February post includes a Trade, Customs and IP update with longer sections on Antitrust and...more

China Primer Series: Anti-Monopoly Law 2015

China’s adoption of the Anti-Monopoly Law (“AML”)is a landmark in the evolution of China's economic transformation. The AML was a carefully thought-out, negotiated, strategic development dictated by the central government, a...more

China Imposes Record Fine of Approx. US$975 Million (€863 Million) Under Its Anti-Monopoly Law

China’s National Development and Reform Commission (NDRC) announced an RMB 6.088 billion (approximately US$975 million and €863 million) fine against Qualcomm Inc. for alleged abuse of its market position in China in...more

What is Simplified under Anti-Monopoly Filing Procedures for Simple M&A Cases?

The Ministry of Commerce in China (“MOFCOM”) has promulgated a series of implementation regulations as an effort to improve the enforcement of the Anti-Monopoly Law (“AML”), among which two regulations specifically relate to...more

Qualcomm Agrees to $975 Million Fine and Conduct Remedies to Resolve Chinese Standard Essential Patent Licensing Investigation

The assertion of standard essential patents (SEPs) by patent-holders has raised patent, contract, and competition issues in jurisdictions around the world. One SEP holder, Qualcomm, has faced particular scrutiny with respect...more

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