News & Analysis as of

Antitrust Investigations

Tips for Negotiating a Third-Party Subpoena in a Merger Investigation

Humana recently lost its effort to limit third-party discovery requests served by the Federal Trade Commission (FTC) in its ongoing Walgreens/Rite Aid investigation. Typically, negotiations over the scope of third-party...more

European Commission Sets its Sights on Allegedly Excessive Drug Prices

by Jones Day on

In the European Union, Big Pharma has been operating with a target on its back for the best part of the last decade. Following its 2008 sector inquiry into the pharmaceutical sector, the Commission vowed to clamp down on...more

Cornerstones of pharma market antitrust investigation

by DLA Piper on

Recently, the Antimonopoly Committee of Ukraine provided number of certain actions aimed on enabling better understanding of the stance taken by the AMCU. Their activity is directed towards a number of important issues...more

European Commission opens antitrust investigation into Guess

by DLA Piper on

The European Commission has opened a formal antitrust investigation into clothing manufacturer and retailer Guess, whose distribution agreements and practices may illegally restrict retailers from selling cross-border to...more

Cartel Enforcement Global Review - June 2017

by DLA Piper on

DLA Piper is proud to present the 2017 global review of cartel enforcement, which provides insights into trends that have emerged around the world in recent years, using our global network of competition and antitrust lawyers...more

OTA & Travel Distribution Update - June 2nd, 2017

by Garvey Schubert Barer on

This week’s client OTA & Travel Distribution Update for the week ending June 2, 2017 is below. A short update this week: Expedia Defends (Again) Billboard Effect [OTA]. In the latest salvo regarding the existence of...more

ITC Opens Section 201 Investigation of Imported Solar Cells

On May 23, 2017, the US International Trade Commission (ITC) initiated an investigation in response to Suniva Inc.’s recent petition under Section 201 of the Trade Act of 1974. As noted in our alert earlier this week, Suniva...more

Transportation Developments in the Trump Administration's First 100 Days

by Holland & Knight LLP on

In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...more

European Commission Prioritizes Completion of Digital Single Market

by Jones Day on

Since May 2015, the European Commission ("Commission") has identified the completion of the Digital Single Market as one of its top-ten political priorities. The Digital Single Market Strategy ("Strategy") aims at ensuring...more

“Horizontal Shareholding:” Is Oligopoly Pricing a Symptom or the Disease?

by Foley & Lardner LLP on

In 2008, the U.S. Department of Justice’s Antitrust Division (“DOJ”) let Delta Air Lines merge with Northwest Airlines. Two years later, in 2010, the DOJ cleared United Airlines’ acquisition of Continental Airlines, after the...more

EU Competition Newsletter - March 2017

by Bryan Cave on

What Future for EU Public Procurement Law in the UK After Brexit? Those aficionados of the silver screen will remember comedians Laurel and Hardy and in particular their catchphrase 'Well here's another nice mess you've...more

DSM Watch: Germany suggests ramping up regulation of Digital Platforms by establishing a “Digital Agency” with a robust antitrust...

by Hogan Lovells on

Will Germany establish a “Digital Agency” to monitor compliance with competition law rules in digital markets? Will a German “Digital Antitrust Enforcer” become a role model for a European protectionist approach against...more

Fifth Annual Report Reviews Global Antitrust Developments

by Shearman & Sterling LLP on

Shearman & Sterling’s 2017 Antitrust Annual Report reflects our lawyers’ experience and insights on key antitrust risks affecting our clients’ businesses. Please see full Report below for more information....more

Becoming the Target of an Antitrust Lawsuit: Essential Considerations

by Polsinelli on

Becoming the target of an antitrust lawsuit is a daunting prospect for any business. Antitrust lawsuits are often time-consuming and expensive to defend, and the consequences of losing a case can be severe. Under the Sherman...more

Key Takeaways: Inside the White House and Capitol Hill — The Impact of a New Administration on Global Markets

On January 25, 2017, Skadden hosted a panel discussion at the London Stock Exchange on the potential policy direction of the Trump administration. The panel touched on tax reform, trade agreements, inbound and outbound U.S....more

"Big Data an Ongoing Concern for EU Competition Law"

The question of how "big data" should be treated in merger control and antitrust enforcement was a key issue for the European Commission and national regulators in European Union member states in 2016, with competition...more

"Antitrust Enforcement in the Trump Administration"

Republican administrations historically have taken a less interventionist approach to antitrust enforcement than their Democratic counterparts, but many of President Donald Trump’s policy positions have not tracked...more

DAMITT 2016 Year in Review: Significant Antitrust Merger Investigations Longer Than Ever; Deal Agreements Reflect Expected Delays

by Dechert LLP on

Fast Facts - Significant merger investigations lasted an average of 9.9 months in 2016, a new DAMITT record. - The 33 significant investigations in 2016 were the second most in the past six years, but down...more

2016 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2016 Antitrust Year in Review. In this report, we summarize the most significant antitrust matters and developments of the past year. We begin with a look at the...more

Feds Target HR Professionals For Criminal Violations Of Antitrust Laws

by Fisher Phillips on

The Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced they are increasing their efforts to criminally prosecute employers and individuals who engage in certain behaviors...more

Third Circuit Considering Federal Court Damages Immunity for Ocean Shipping Companies

by Holland & Knight LLP on

The Shipping Act of 1984 grants limited immunity under the antitrust laws to vessel-operating common carriers that enter certain agreements, including price-fixing agreements, so long as the agreements are filed in advance...more

Second Circuit Holds American Express Can Stop Merchants From Steering Customers to Lower-Fee Cards, Competition News Volume 2016,...

by Pepper Hamilton LLP on

The opinion could provide useful guidance for participants in two-sided markets, like the credit card industry and the health care industry, where separate interests of insurers and patients are often implicated by the same...more

Defending parallel proceedings: key considerations and best practices

by DLA Piper on

Parallel proceedings refer to two or more concurrent investigations or litigations arising out of a common set of facts. These proceedings can involve any combination of criminal, civil, or administrative authorities, as well...more

DOJ-AmEx Case Could Have Ramifications for Health Care Providers

by Polsinelli on

The U.S. Department of Justice's loss to American Express sends a message to health care providers: Steering, tiering, exclusive dealing and other contractual arrangements that appear to suppress competition in one part of...more

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