News & Analysis as of

The End of the Road for Hershey Medical Center's Merger: Parties Abandon Transaction After Third Circuit Rules That Hospital...

The decision serves as a reminder of the uphill battle that merging health care providers have faced since the FTC’s adoption of its current rigid market definition standard in 2007. The U.S. Court of Appeals for the...more

Appellate Court Ruling Favors Economic Freedom, Marketplace Competition

On October 7, 2016, in Joe Sanfelippo Cabs, Inc. v. City of Milwaukee, Judge Posner, writing for the unanimous United States Court of Appeals for the Seventh Circuit, held that the City of Milwaukee’s decision to allow new...more

The Note 7 – Taking Samsung Down in Flames?

I own a Samsung phone. Thankfully not a Note 7. My prior phone was a Samsung as well. Will my next one be a Samsung?...more

Giving Weight to the Failing Firm Defense, FTC Consents to Physician-Services Merger with Caveats: Suspend Enforcement of...

On October 5, 2016, the Federal Trade Commission (“FTC”) entered into a Consent Agreement with CentraCare Health (“CentraCare”) to settle competition concerns over CentraCare’s acquisition of St. Cloud Medical Group P.A....more

Canada’s Competition Commissioner Provides Guidance on Innovation, Efficiencies and Competitor Collaborations

The Commissioner of Competition (Commissioner) addressed innovation, enforcement and policy initiatives at the Competition Bureau (Bureau) in his keynote speech, “Strengthening Competition: Innovation, Collaboration and...more

European Commission’s Preliminary Report in the E-Commerce Sector Inquiry: Highlighting Risk Areas for Suppliers of Branded Goods

In September, the European Commission published its much-awaited Preliminary Report in the e-Commerce Sector Inquiry, launched last May 2015. Although the primary focus of the Commission’s Inquiry is on restrictions limiting...more

Antitrust Updates for Private Equity Firms

In an era of robust merger enforcement by the U.S. antitrust agencies, opportunities abound for private equity firms to acquire divested businesses for value. These acquisitions of divested businesses are increasingly subject...more

On the Way to a European Digital Single Market: Whether You Sell Online or Offline – Listen Up!

The European Commission’s Directorate-General for Competition has issued a lengthy preliminary report of its ongoing sector inquiry into the e-commerce of goods and digital content. The sector-wide inquiry was launched on May...more

European Competition Law Newsletter – October 2016

Stand-Alone Refusal to Supply Claim Launched in UK Court - Competition law litigation continues to develop rapidly in the UK. Companies should be aware that this can be a useful commercial weapon against competitors...more

European Commission Challenges Sports Governing Body’s Non-Compete Rules

The European Commission (“Commission”) this week sent a statement of objections to the International Skating Union (“ISU”) alleging that its rules, which impose severe penalties on skaters who participate in events not...more

FERC Seeks Comment On Potential Modifications To Its Market Power Analyses

On September 22, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking comment on whether and, if so, how FERC might modify or enhance its methods for identifying and assessing market...more

General Court Confirms that the Commission May Rely on Lawfully Seized Recordings Even if Made Unlawfully by a Third Party

On 8 September 2016 the General Court (“GC”) dismissed Heiploeg’s appeal against the European Commission’s (“Commission”) decision in Shrimps (AT.39633) and confirmed that the Commission may rely on recordings seized lawfully...more

Saudi Arabia Update - September 2016

As per the new Companies Law that came into effect on 2 May 2016 and which we have described in previous updates, single owner LLCs may be formed – whereas previously a minimum of two shareholders was required....more

Brexit: An Opportunity to Readjust UK Tax Policy?

The U.K. government mantra has for a number of years been: "Britain is open for business." This has been reflected in a number of areas relevant to U.K. domestic and foreign tax policy, including in a gradual reduction of the...more

A New European Electronic Communications Code… And Some Other Changes

On September 14 the European Commission (EC) unveiled a series of measures of different legal nature, which together represent a very important and long-term effort to review the European telecommunications policy and legal...more

The European Commission extends its settlement procedure to abuse of dominance cases under Article 102 TFEU

The European Commission extends its settlement procedure to abuse of dominance cases under Article 102 TFEU — fine imposed on Altstoff Recycling Austria reduced by 30% in exchange for its co-operation with the Commission...more

E-Commerce: The European Commission Completes Its Preliminary Report on the E-Commerce Sector Inquiry

In May 2015, the European Commission (the Commission) launched a sector inquiry in the field of e-commerce in the context of its Digital Single Market strategy. Its aim was to obtain an overview of prevailing market trends,...more

2016 Mid-Year Global Cartel Enforcement Report

Cartel enforcement activity promises to remain busy In the coming months and into 2017 Cartel enforcement remains a priority for competition authorities around the world. Global cartel fines totaled more than $6...more

Draft Legislation Streamlines and Redefines Australia’s Competition Laws

On Monday, Australia’s Federal Government released new draft legislation after a panel conducted a review of Australia’s competition laws last year. The proposed revisions consolidate power and discretion with the Australian...more

Turkey Corporate Newsletter - September 2016

Considering Becoming A Board Member? Read This First. Good corporate governance requires fully informed board members who are aware of their duties and the potential legal implications of their actions. Under the...more

Fortiline LLC: Invitations to Collude in Dual Distribution Systems

Fortiline LLC distributes ductile iron pipe. It competes with the manufacturer which somewhat regularly undercuts its distributor in the market. Fortiline on several occasions asked the manufacturer not to do so. Fortiline...more

AMCU updated its Recommendations on Penalty Calculation (Ukrainian)

On 9 August 2016, AMCU approved the 4th version of its Recommendations on Calculation of Penalties for Violations of the Competition Legislation (the Recommendations). As a matter of background, the 1st edition of the...more

FTC Complaint Counsels Caution When Settling Disputes With Competitors

The Federal Trade Commission recently sued 1-800 Contacts, Inc., the largest contact lens retailer in the United States, charging it with restraining competition in violation of Section 5 of the Federal Trade Commission Act,...more

WTO Panel Report: Russia - Tariff Treatment

A WTO Panel has ruled that the Russian Federation has violated its WTO obligations by imposing duties on certain EU goods in excess of its committed ("bound") rates, in breach of Article II of the General Agreement on Tariffs...more

Antitrust Agencies Propose Updates to IP Licensing Guidelines and Invite Comments

In 1995, the Federal Trade Commission and the Department of Justice first issued the Antitrust Guidelines for the Licensing of Intellectual Property. They represent the antitrust enforcement policy of the agencies with...more

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