Competition

French Autorité de la Concurrence Fines Sanofi €40.6 Million for Denigrating Competing Generics"

by Simon Baxter, Frederic Depoortere, Ingrid Vandenborre, James Venit | Skadden, Arps, Slate, Meagher & Flom LLP on 5/21/2013

On May 14, 2013, the French Autorité de la Concurrence (Autorité) issued a decision imposing a fine of €40.6 million on French company Sanofi-Aventis France (Sanofi) for an abuse of dominance in the market for the...more

Capital Infusion - May 2013: Dealmaker’s Corner

by Adam Connatser, Jon Finger, Rani Hauth Guerra, J. Atwood Jeter, David McLean | Patton Boggs LLP on 5/16/2013

In this issue’s installment of “Dealmaker’s Corner,” Jon Finger, a partner in our private equity group, had the opportunity to visit with Kyle Bradford, Managing Director with American Capital, Ltd., concerning the...more

The Mergers & Acquisitions Review - Sixth Edition: Chapter 16: Cayman Islands

by Wendy Lee | Harney Westwood & Riegels on 5/14/2013

I OVERVIEW OF M&A ACTIVITY - According to a report of the Cayman Islands Economics and Statistics Office, the Islands’ economy began to recover from the economic downturn in 2011, with real gross domestic product...more

Steps To Consider Before Hiring An Employee from A Competitor To Minimize The Likelihood Of Litigation

by Thomas Dye | Carlton Fields on 5/10/2013

Hiring an employee away from a competitor can be a potential legal minefield. It can lead to significant exposure to lawsuits for causes of action including misappropriation of trade secrets, claims of tortious interference...more

The FTC Weighs in on Recent State Efforts to Promote/Hinder Healthcare Competition From APRNS

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 5/10/2013

In recent years, the Federal Trade Commission (FTC) frequently has commented on state efforts to either expand or restrict competition faced by doctors from advanced practice registered nurses (APRNs). Generally speaking,...more

Promoting Healthcare Competition – The FTC’s Recent Comments on State Legislative/Regulatory Efforts Impacting Competition from...

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 5/1/2013

In recent years, the Federal Trade Commission (“FTC”) has frequently commented on state efforts to either expand, or restrict competition faced by doctors from advanced practice registered nurses (“APRNs”). Generally...more

Florida Legislature Passes Manufacturing Competitiveness Act

by Rheb Harbison | Carlton Fields on 5/1/2013

Today, the Florida Legislature passed the Manufacturing Competitiveness Act (HB 357). The bill, which now heads to Governor Rick Scott for signature, significantly streamlines local and state regulation and approvals, giving...more

How To Unseat The Competition

by Group Dewey Consulting on 4/30/2013

Here is something they never taught you in law school: No one changes lawyers unless they first question the value they get from their current lawyer. Shaking a client loose from the comfort of an existing relationship...more

A Construction Lawyer’s Advice: Be Proactive, Embrace Change

by Bernstein Shur on 4/30/2013

As chairman of the Construction Law Practice Group at Bernstein Shur in Portland, Michael Bosse leads a team of five lawyers specializing in issues that affect construction companies. Contractors, subcontractors, suppliers,...more

Most Favored Nation ("MFN") Pricing Draws Scrutiny as Potential Anticompetitive Practice

by James McKeown | Foley & Lardner LLP on 4/29/2013

An interesting and growing debate in the antitrust arena is whether most favored nation (“MFN”) pricing provisions are pro-competitive or anticompetitive. For many years, MFN provisions have been considered a fairly...more

State Action Immunity Does Not Apply Without Clear State Policy

by Kristina Longo | Ober|Kaler on 4/25/2013

The United States Supreme Court’s recent decision in FTC v. Phoebe Putney Health System, Inc., No. 11-1160, 568 U.S. __ (2013), makes clear that a state’s authorization to act in a manner with potentially anticompetitive...more

Competition Bureau Imposes Record-Setting Bid-Rigging Fines, but Jurisdictional Questions Remain

by Peter Franklyn, Michelle Lally, Graham Reynolds | Osler, Hoskin & Harcourt LLP on 4/23/2013

In cases heard barely two weeks apart, Canada’s Competition Bureau obtained record-setting fines against two Japanese auto parts suppliers that pleaded guilty to bid-rigging charges. Although these significant penalties...more

EU Swaps-Clearing Clash

by Elan Mendel | Shipkevich PLLC on 4/22/2013

European Union (EU) delegates are unable to settle a dispute between Germany and the U.K. regarding derivatives-clearing competition, requiring the discussion to begin again on draft legislation. Ireland, which holds the EU’s...more

It Is Becoming Tougher for Plaintiffs to Allege Harm to Competition

by Howard Ullman on 4/19/2013

It has long been the case that Sherman Act Section 1 Rule of Reason claims as well as Section 2 claims require proof of harm to competition. But the courts, particularly in the Ninth Circuit, have been tightening up on the...more

Competition Tribunal Dismisses Commissioner’s Application Against TREB and Confirms That Abuse of Dominance Applies Only When...

by Michelle Lally | Osler, Hoskin & Harcourt LLP on 4/19/2013

In an unexpectedly brief decision dated April 15, 2013, the Competition Tribunal dismissed the Commissioner of Competition’s application challenging certain practices of the Toronto Real Estate Board (TREB) under the abuse of...more

To amparo or not to amparo?

by Jose Alberro | Berkeley Research Group, LLC on 4/19/2013

José Alberro, director at Berkeley Research Group in California, examines stock market punishment and enforcement of the Mexican Federal Competition Commission decisions In the Mexican legal system, the recurso de...more

REGULATORY: EU Competition Law: EU Competition Law and Joint Sales in LNG

by King & Spalding on 4/16/2013

Liberalization of the EU natural gas sector began almost two decades ago. Since then, the European Commission (the “Commission”) has used various mechanisms to facilitate market opening including competition law enforcement,...more

Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend [Video]

by LXBN on 4/11/2013

It’s been a big couple of weeks for class actions, both inside and out of the Supreme Court. Among those cases heard at by our nation’s highest court was Comcast Corp. v. Behrend, in which the justices reversed the...more

Court Dismisses Securities Class Action Alleging Misrepresentations About "Cannibalization"

by Michael Rosensaft, Allison Wuertz | Katten Muchin Rosenman LLP on 4/10/2013

A class-action complaint filed against Travelzoo, Inc. (Travelzoo) in the US District Court for the Southern District of New York was recently dismissed. The complaint alleged that Travelzoo made misstatements in its...more

"Federal Trade Commission Settles Illegal Information Exchange Allegations With Bosley, Inc."

by Ian John, Karen Hoffman Lent, Sharis Pozen, Neal Stoll | Skadden, Arps, Slate, Meagher & Flom LLP on 4/9/2013

On April 8, 2013, the Federal Trade Commission (FTC) announced a proposed settlement with hair restoration company Bosley, Inc. to resolve allegations that Bosley illegally exchanged competitively sensitive, nonpublic...more

Settlements (Part 1 of 3): 5 Reasons Non-Compete Cases Shouldn't (and Don't) Settle

by Kenneth Vanko | Clingen Callow & McLean, LLC on 4/9/2013

Every judge, lawyer, and litigant is probably familiar with the maxim that most civil cases settle. That's undoubtedly true. But some classes of suits are better positioned to settle than others. In non-compete and other...more

FTC Voids Confidentiality and Non-Compete Provisions in Non-Reportable Transaction and Requires Notification of All Future...

by Farrah Short, Bruce D. Sokler | Mintz Levin - Antitrust on 4/8/2013

Merger agreements often contain ancillary provisions that seem acceptable to the parties in the context of what they are obtaining from the transaction—and those provisions often do not get a hard look by antitrust legal...more

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French Autorité de la Concurrence Fines Sanofi €40.6 Million for Denigrating Competing Generics"

Capital Infusion - May 2013: Dealmaker’s Corner

The Mergers & Acquisitions Review - Sixth Edition: Chapter 16: Cayman Islands

Steps To Consider Before Hiring An Employee from A Competitor To Minimize The Likelihood Of Litigation

The FTC Weighs in on Recent State Efforts to Promote/Hinder Healthcare Competition From APRNS

Promoting Healthcare Competition – The FTC’s Recent Comments on State Legislative/Regulatory Efforts Impacting Competition from...

Florida Legislature Passes Manufacturing Competitiveness Act

How To Unseat The Competition

A Construction Lawyer’s Advice: Be Proactive, Embrace Change

Most Favored Nation ("MFN") Pricing Draws Scrutiny as Potential Anticompetitive Practice

State Action Immunity Does Not Apply Without Clear State Policy

Competition Bureau Imposes Record-Setting Bid-Rigging Fines, but Jurisdictional Questions Remain

EU Swaps-Clearing Clash

It Is Becoming Tougher for Plaintiffs to Allege Harm to Competition

Competition Tribunal Dismisses Commissioner’s Application Against TREB and Confirms That Abuse of Dominance Applies Only When...

To amparo or not to amparo?

REGULATORY: EU Competition Law: EU Competition Law and Joint Sales in LNG

Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend [Video]

Court Dismisses Securities Class Action Alleging Misrepresentations About "Cannibalization"

"Federal Trade Commission Settles Illegal Information Exchange Allegations With Bosley, Inc."

Settlements (Part 1 of 3): 5 Reasons Non-Compete Cases Shouldn't (and Don't) Settle

FTC Voids Confidentiality and Non-Compete Provisions in Non-Reportable Transaction and Requires Notification of All Future...

When Most-Favored Is Disfavored: A Counselor’s Guide to MFNs

Supreme Court Oral Argument in FTC v. Actavis

Comcast v. Behrend: Supreme Court Cuts Power To Cable-Television Customers' Class Action

Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend [Video]

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