Competition

News & Analysis as of

A view from Brussels: Margrethe Vestager - half-way through her mandate

Margrethe Vestager has now been in office as European Commissioner for Competition for two years, and is effectively at the half-way point in her mandate. This is an appropriate time to evaluate her record so far and to...more

"FTC and DOJ Announce HSR-Related Changes"

On November 28, 2016, the Premerger Notification Office of the Federal Trade Commission (PNO) and the Antitrust Division of the Department of Justice (DOJ) both announced potentially important changes in the way the agencies...more

European Competition Law Newsletter – December 2016

On 8 November 2016, the “Autorité de la concurrence” (French competition authority) provided a stark warning about the dangers of early implementation of a transaction prior to merger control clearance. This is one type of...more

China Finalizes New Cyber Security Law

China has finalized a broad new Cyber Security Law, its first comprehensive data privacy and security regulation. It addresses specific privacy rights previously adopted in the European Union and elsewhere such as access,...more

Competition and Markets Authority Opens Investigation into Auction Service Providers

On 22 November 2016, the Competition and Markets Authority (“CMA”) announced that it had opened a formal investigation into suspected anti-competitive practices in relation to the supply of auction services in the UK. In...more

Third Circuit Considering Federal Court Damages Immunity for Ocean Shipping Companies

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

Competition Law: Merger Clearance in Australia

Australia has a voluntary premerger notification regime, administered by a well-resourced and proactive antitrust authority, the Australian Competition and Consumer Commission (the ACCC). The ACCC's Merger Guidelines...more

ACCC Continues Probe into Offers of Extended Warranties

In Brief: - The Australian Competition and Consumer Commission (ACCC) has accepted an undertaking from an underwriter, Virginia Surety Company, Inc. (VSC) about VSC's offering of Extended Warranty products – following...more

National security reviews: A global perspective — Australia

Australia requires a wide variety of transactions involving foreign businesses to be reviewed and approved before completion. The decision to approve or deny a foreign investment application is ultimately made by the...more

Basics of the BPCIA

The FDA broadly defines biologics as medical products derived from living sources (human, animal, plant, or microorganism) intended to treat or prevent diseases. Biologics thus include such varied vehicles of medical...more

Super Moon Harkens Low Tide for Hatch-Waxman Patent Disputes

This week, the U.S. Supreme Court denied a petition for writ of certiorari in a case that will give pharmaceutical companies pause when considering whether to settle patent challenges under Hatch-Waxman. The Supreme Court’s...more

Brexit: What’s Ahead? Let the Games Begin

This is the fourth in an ongoing series of Dashboard Insights blog posts on the implications of the June 23, 2016 voter referendum in the United Kingdom (“UK”) to exit the European Union (“EU”) (“Brexit”). Prior articles...more

Appeals Court Decisions Strengthen FTC's Hand in Hospital Merger Challenges

The fall of 2016 has proved to be a difficult time for hospitals seeking to complete mergers in the face of antitrust challenges brought by the Federal Trade Commission (FTC). After failing initially to persuade federal...more

UK Competition Authority Warns Online Sellers about Unlawful Pricing

In the lead up to “Black Friday”, one of the busiest times of the year for online sales, the UK’s Competition and Markets Authority (CMA) has launched a campaign to remind online sellers of products that discussing and...more

DOJ Publishes Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements

In a series of investigations and subsequent court actions, HR professionals have been identified as being potential targets for investigation of allegations of violations of antitrust laws related to employment practices,...more

FTC's Winning Streak Restored: Seventh Circuit Reverses Denial of Preliminary Injunction in Chicago Hospital Merger, Competition...

Recent appellate decisions confirm the uphill battle hospitals face when merging with other hospitals. On October 31, the U.S. Court of Appeals for the Seventh Circuit overturned the district court’s ruling in Federal Trade...more

DOJ and FTC Release Antitrust Guidance for HR Professionals

Employment lawyers and human resources professionals, take note:  In 2016, in addition to knowing the ins and outs of labor and employment law, the federal government and its enforcement entities expect that you have more...more

European Competition Law Newsletter – November 2016

Watch the Treatment of Switzerland in Distribution Agreements - On 29 September 2016, the Swiss Federal Administrative Court (FAC) handed down a judgment impacting any distribution agreement which could touch...more

Boletín Mensual de Comercio Internacional: Octubre Información con Ènfasis en la Regulación Comercial y de Arbitraje Internacional

Durante el mes de Octubre destacan los siguientes temas: Comercio Internacional, Aduanero, Competencia, Normalización Telecom, Prácticas Desleales, Arbitraje ISDS....more

Attention HR: The Antitrust Laws Apply To You Too!

Human resources professionals keep track of a number of laws and regulations administered by several different agencies. For the most part, HR departments have given little attention to federal antitrust law compliance. After...more

Federal Regulators to HR Professionals: Remember that the Antitrust Laws Apply to Employment Too

The Department of Justice and the Federal Trade Commission jointly issued an Antitrust Guidance for Human Resources Professionals on October 20, 2016. The DOJ and FTC’s guidance follows several highly publicized...more

Directors’ Duties in the UK (England and Wales)

A director who breaches the obligations and duties imposed on him by his office may be liable to compensate the company for breach of duty, may incur personal liability for the company’s debts, may also face criminal or civil...more

Asian supply chains and the territorial limits of EU competition law

A supply chain where goods, which were the subject of a cartel, were sold by the defendants in Asia and then indirectly resold to the claimants in the EEA did not amount to “implementation” of the cartel in the EEA and so...more

FCA Publishes "New" Mission Statement

On 26 October 2016, the FCA published a Mission Statement titled “Our Future Mission”. The aim of the publication is to “establish a set of guiding principles” that explain how the FCA pursues its strategic and operational...more

A Call-to-Action: Obama Administration Encourages States to Ban Noncompetes for Low-Wage Workers and Certain Other Employees

On October 25, 2016, the Obama administration released a fact sheet announcing the steps that the White House is taking to “enhance competition to benefit consumers, workers, and entrepreneurs.” The administration’s actions...more

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