News & Analysis as of

Antitrust Provisions

Exclusive Agreement Between Hospital and Insurance Plan Does Not Violate Section 1

The Seventh Circuit refused to revive an exclusive dealing claim by one hospital against its competitor because of an exclusivity agreement with an insurance plan. Judge Richard Posner wrote the short opinion strongly...more

Seventh Circuit Finds Exclusive Dealing in Hospital-Payer Case Pro Competitive

“But what is more common than exclusive dealing?” Affirming summary judgment for defendant Saint Francis Medical Center, the Seventh Circuit recently held that the hospital’s contracts with health care insurers—though...more

The new Polish Act on private antitrust enforcement claims takes effect on June 27, 2017.

by Dentons on

If a company’s supplier or competitor abuses its dominant position or is a member of a cartel, its actions may inflict damage on other businesses. Until recently, claims for damages arising from these types of infringements...more

No limits..? The limitation rules for cartel (damages) claims after the 9th reform of the German Competition Act (ARC)

by Hogan Lovells on

At first glance, not a stone seems to be left standing. The new sec. 33h ARC hardly bears any resemblance with the old sec. 33 para. 5 ARC, the to date only special limitation rule applicable to cartel damages claims in the...more

Risky IT Programs - The Use of Algorithms and Risk of Collusion under Antitrust Laws

by DLA Piper on

On 14 June 2017, the OECD published a Note from the EU on Algorithms and Collusion (DAF/COMP/(2017)12 - here) (the EU Note). An updated background note on Algorithms and Collusion was published by the OECD Secretariat on 9...more

Plaintiff's paradise? – The passing-on defense after the 9th amendment of the German Act against Restraints of Competition (GWB)

by Hogan Lovells on

Cartelists facing damage claims by their customers regularly defend themselves with the objection of the so-called passing-on defense. According to such objection, a purchaser of the cartel cannot claim damages in so far as...more

Tell me more, tell me more…The right to obtain information according to the 9th amendment of the German Act against Restraints of...

by Hogan Lovells on

Bye bye trade secrets? In the new ARC, confidential information and trade secrets still enjoy special protection. The reason is clear: as soon as secret information is revealed, it becomes obvious and, as such, is no longer...more

Ninth Circuit Nixes Immediate Appeals of Denials of State Action Immunity

by Latham & Watkins LLP on

Decision from largest judicial circuit establishes majority position that denials of state action immunity are not immediately appealable collateral orders. On June 12, 2017, the US Court of Appeals for the Ninth Circuit...more

Taiwan: Cross-border opportunities amid global change: Future antitrust merger enforcement in the United States

by White & Case LLP on

The new US administration's antitrust enforcement priorities remain unclear, but signs of a less interventionist approach are beginning to emerge. What does the 2016 US presidential election mean for antitrust policy in...more

Reform of German Competition Law

by McDermott Will & Emery on

A number of amendments to the German competition law (Amendment) entered into force on 9 June 2017. The key changes are: ..Merger control: Introduction of a new “size of transaction”-threshold...more

Tell me more, tell me more … The right to obtain information according to the 9th amendment of the German Act against Restraints...

by Hogan Lovells on

The 9th amendment of the ARC aims at increasing the effectiveness of private antitrust enforcement. This aim does not stop short of obtaining information. In order to strengthen the injured party’s position, the information...more

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Summer 2017

by Hogan Lovells on

Read the latest news on antitrust, competition and economic regulation (ACER) in this summer's edition of our quarterly ACER newsletter. Please see full Publication below for more information. ...more

Hogan Lovells China Desk Brochure

by Hogan Lovells on

A bridge between China and Europe, the Middle East and Africa - The Hogan Lovells China Desk seeks to help you benefit from the opportunities arising from the evergrowing economic ties between the EMEA region and China....more

The Legacy Of Larry Popofsky, An Antitrust Titan And Friend

Fifty years on, few lawyers can recall the precise day when their legal careers began. But I can. It was June 12, 1967, the date when the U.S. Supreme Court announced its decision in U.S. v. Arnold, Schwinn & Co., holding...more

Preparing for Your Cross-Border Deal: Practice Tips for In-House Counsel

by WilmerHale on

Your CEO just announced that the company wants to acquire a business with global operations. As in-house counsel, you will play a key role in this transaction by ensuring the deal runs smoothly. It’s a tremendous growth...more

Global Merger Control Update - May 2017

by Jones Day on

This is the quarterly Jones Day Global Merger Control Update, which will discuss recent developments in existing regimes and the emergence of new merger control regimes worldwide. In recent years, there has been a surge...more

The EC New Alert Mechanism to Detect Cartels: A Teaser Before a European General Framework for Whistleblowing

Whistleblowing has been part of the U.S. legal tradition, if not since the resolution passed by the Continental Congress in 1778, at least since the adoption of the 1863 False Claims Act. With regard to the disclosure of...more

Commercial Division Partially Vacates ICC Arbitration Award in Artificial Sweetener Dispute

Justice Charles Ramos of the New York Commercial Division partially vacated an International Chamber of Commerce (“ICC”) arbitration award in a major legal battle between artificial sweetener giants NutraSweet and Daesang. ...more

Health Update - May 2017

Mapping the Healthcare M&A Landscape Under the New Administration - Editor’s Note: The healthcare M&A market continues to be among the most active sectors. In a recent webinar, Manatt examined how the policies and goals of...more

European Commission's Antitrust Concerns Lead to Syndicated Loans Market Study

by Jones Day on

In April 2017, the European Commission ("Commission") published a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules. The successful candidate will...more

Carbon and Alloy Steel: Commission Hearing on Dismissal of Antitrust Claims

On April 20, 2017, the Commission heard oral arguments in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002, in connection with its review of Judge Lord’s Initial Determination dismissing complainant U.S. Steel’s...more

Global Inquiries into Drug Price Increases

European competition authorities announced this week an investigation into Aspen Pharmacare’s recent price hikes of five cancer drugs. The European Commission said in a press release that it had “information indicating that...more

Energy Update - May 2017

by Shearman & Sterling LLP on

We are pleased to release the latest issue of our client newsletter, Energy Update, designed to inform clients and friends of the firm about important developments affecting US and international energy markets. Please see...more

European Commission goes online with final report in e-commerce sector inquiry

by Hogan Lovells on

The final report on the European Commission’s e-commerce sector inquiry was published last week and contains some important observations about how online channels of distribution are transforming consumer goods and digital...more

Judge Andrews Substantially Denies Plaintiff’s Motion To Exclude Defendant Expert’s Opinions On Definition Of Relevant Market In...

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Insight Equity d/b/a Vision-Ease Lens Worldwide v. Transitions Optical, Inc., Civil Action No. 10-635-RGA (D.Del. May 9, 2017), the Court granted in part...more

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