News & Analysis as of

Competition Monopolization

China's Fair Competition Review System, 1 Year Later

One year has passed since China’s State Council issued, on June 1, 2016, its "Opinions of the State Council on Establishing a Fair Competition Review System During the Development of Market-Oriented Review System."[1] The...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

OTA & Travel Distribution Update - May 12th, 2017

by Garvey Schubert Barer on

This week’s GSB weekly client OTA & Travel Distribution Update for the week ending May 12, 2017 is below. Rhetoric Over AHLA’s Planned Lobbying Efforts Ramps Up [OTA]. Not surprisingly, Priceline Group CEO Glenn Fogel...more

Supreme Court won’t weigh in on Sherman Act liability for false advertising

The incentive is high to identify a Sherman Act violation in your competitor’s conduct—three times higher, to be precise, than to bring a claim for an ordinary business tort or even a false advertising claim under the Lanham...more

Third Circuit: On-Campus Residency Requirements Protected By State-Action Immunity Doctrine

In a recent decision, the Third Circuit held that a public university and its non-profit partner were immune from antitrust liability after the university enacted a student residency policy that benefitted on-campus...more

FTC Battles Hospital Mergers: What to Watch for in this Summer’s High-Profile Appeals

by Foley & Lardner LLP on

In a town that is no stranger to landmark hospital merger cases, last month a Chicago federal judge denied the Federal Trade Commission’s (FTC) motion for a preliminary injunction to temporarily block a merger between...more

When Customer Supply Contracts Lead to Trouble: Exclusive Dealing Provisions Result in FTC Monopolization Action against Invibio

by McDermott Will & Emery on

The Federal Trade Commission (FTC) continues to aggressively enforce the antitrust laws. On April 27, 2016, the FTC took action against Victrex, plc and its wholly owned subsidiaries, Invibio, Inc. and Invibio Limited...more

FTC Settles Monopolization Charges Stemming from Contract Exclusivity Terms Used by First-to-Market Medical Polymer Maker

by Mintz Levin on

The mere possession of monopoly power does not violate federal antitrust laws. The laws only address the anticompetitive acquisition, maintenance, or abuse of that power. The Federal Trade Commission (“FTC”) entered into a...more

What discount structures can a dominant firm use? European Court supplies further guidance

by Reed Smith on

The European Court has given further guidance on how to assess the legality of rebates and discounts offered by dominant firms in a case concerning rebates practised by Post Danmark, which at the relevant time enjoyed a...more

"European Court of Justice Rules on Retroactive Loyalty Rebates"

On October 6, 2015, the European Court of Justice (the ECJ) issued an important judgment clarifying the application of Article 102 to retroactive loyalty rebates (Post Danmark AS, Case C 23/14). The case, which had been...more

Apple Signals It Will Seek Supreme Court Reversal on E-Book Decision

Earlier this month, Apple signaled its intention to petition for writ of certiorari after the Second Circuit upheld Judge Cote’s decision to apply per se liability in analyzing the firm’s conduct with respect to e-books in...more

Insurer Escapes Antitrust Suit, But Hospital Must Continue the Fight

by Faegre Baker Daniels on

A large regional health insurer extricated itself from an antitrust suit, leaving the dominant local hospital to square off alone versus an ambulatory surgical center (ASC). The U.S. District Court for the Southern District...more

Orrick's Antitrust and Competition Newsletter - April 2014

Shanghai High People’s Court Rules That Resale Price Maintenance Agreement Constitutes Monopolistic Agreement - The Shanghai High People’s Court recently made available its Aug. 1, 2013 final judgment overruling the...more

New Social Compact in an IP World (Presentation)

by Best Best & Krieger LLP on

In This Presentation: •What Principles Apply? •Some Basic Economics •The Traditional “Social Compact” in Telecommunications •Does IP Technology Change the Analysis? •The Duty for All of Us -...more

Major Reforms in Telecommunications, Broadcasting, and Economic Competition Open New Investment Opportunities in Mexico

The excessive concentration and lack of economic competition in many sectors of the Mexican economy, especially in the realms of telecommunications and broadcasting, are well known. For decades politicians have been talking...more

$300 Million Dairy Settlement Will Bring Reform, Lawyer Says

by Bloomberg Law on

Feb. 19 (Bloomberg) -- Robert Abrams, Chair of the Antitrust Group at Baker & Hostetler LLP, talks about his representation of a certified class of southeastern dairy farmers in the recently announced $158.6 million...more

Energy Innovation: Monopoly vs. Competition

by Varnum LLP on

When does a monopoly hinder innovation? I would assert the answer is “always.” The American free enterprise system thrives on competition. The search for a better mousetrap has long been touted as the driver of innovation....more

Chinese Authorities Fine LCD Cartel Members in NDRC’s First Global Cartel Decision

China’s National Development and Reform Commission (NDRC) has fined six liquid crystal display (LCD) manufacturers a total of RMB 353 million (USD 56 million) for their participation in a cartel to fix the price of LCD panels...more

End of the Dark Ages? Lawsuits Put Sports TV Blackout Rules to the Test

Could the New York Yankees sell the broadcasting rights to their games to cable companies and subscribers in Mississippi? Could a Los Angeles Kings fan living on the East Coast pay to watch a crucial, late-season game live...more

UAE Legislative Update – The UAE Promulgates a Competition Law

by K&L Gates LLP on

The United Arab Emirates (“UAE”) federal government has issued the long anticipated Federal Law No. 4 of 2012 on the Regulation of Competition (the “Law”). The Law was published in the Official Gazette in December 2012 and...more

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