Anti-Monopoly

News & Analysis as of

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

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

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

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)

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

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

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

When Does An IP Owner Become An IP Abuser?

Over the last two years, China has ramped up its efforts with antitrust enforcement. This also includes IP related abuse. But what does IP abuse mean? IP law confers the right to exclude – which means that an IP owner can...more

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

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