News & Analysis as of

Competition

Report of the JFTC/CPRC Study Group on Data and Competition Policy

by White & Case LLP on

On June 6, 2017, the Japan Fair Trade Commission ("JFTC") and the Competition Policy Research Center ("CPRC"), jointly published their "Report of Study Group on Data and Competition Policy" ("Report"). The Study Group kicked...more

Senate Bill Promises Antitrust Immunity to Boards That Reform Licensure in Latest State Action Defense Development

by Pepper Hamilton LLP on

Senators Mike Lee (R-UT), Ted Cruz (R-TX) and Ben Sasse (R-NE) recently introduced a bill that would extend a limited state action immunity to state licensure boards only if states implement reforms that reduce occupational...more

Avoiding the “Gun Jumping” Trap in Mergers and Acquisitions

by Polsinelli on

From the moment a merger agreement is signed, the parties are often eager to begin the process of integrating and consolidating their operations. But doing too much coordination before closing could constitute “gun...more

Placemaking without Lawbreaking

by Reed Smith on

Mixed-used developments in and around London are in the midst of a golden era with the creation of mega-schemes such as those in Nine Elms and Old Oak. The new Wembley Park Development will see the creation of an...more

Update: Italian Parliament approves the new National Merger Filing Thresholds

by K&L Gates LLP on

On 2 August 2017, the Italian Parliament has adopted the Italian Competition Law, following a complex and long legislative procedure. As already reported, an intense debate surrounded the discussion and the approval of the...more

Key Regulatory Topics: Weekly Update - 29 July 2017 – 3 August 2017

by Allen & Overy LLP on

BREXIT - HM Government to introduce an International Sanctions Bill - On 2 August, the government published plans for a bill that would give it the legal power to impose sanctions after it leaves the EU. The Queen's...more

Brexit - Legal Implications

by McDermott Will & Emery on

In our latest memorandum, we have briefly outlined some of the main legal implications of Brexit according to different models, including the EEA model. In light of recent comments made by Theresa May, it is unlikely that...more

Germany: Federal Network Agency imposes record fine for cold call advertising

by Hogan Lovells on

The German Federal Network Agency for Energy, Telecommunications, Post and Railway, has issued a record fine of €300,000 against an electricity supplier for systematic cold call advertising....more

Trade & Manufacturing Alert - August 2017

by King & Spalding on

USTR Issues NAFTA Renegotiation Objectives - On July 17, 2017, U.S. Trade Representative (USTR) Robert Lighthizer released the Trump Administration’s objectives for the renegotiation of the North American Free Trade...more

Investigations in the Healthcare Sector by the French Competition Authority: Drugmakers’ Potential “Excessive Pricing” At Stake

by Reed Smith on

French competition authority to start investigations into potentially “excessive prices” in the healthcare market in the next weeks, following increasing scrutiny across Europe. On 3 July 2017, the president of the French...more

FTC Competition Director Highlights Enforcement Priorities in the Pharmaceutical Industry

Last week Markus Meier, the Acting Director of the Bureau of Competition at the Federal Trade Commission, gave testimony to the House Judiciary Committee concerning “Antitrust Concerns and the FDA Approval Process.” ...more

What MasterCard's Victory Means for the Future of U.K. Class Actions

by Faegre Baker Daniels on

Heralded as the new dawn for private competition litigation, the Consumer Rights Act 2015 introduced a procedural mechanism for collective proceedings — “class actions” — in the U.K. However, to date, only two applications...more

ITC Issues Report On Competitive Conditions Affecting U.S. Aluminum Industry

by King & Spalding on

On February 24, 2016, the U.S. House of Representatives Ways and Means Committee (the Committee) requested, under section 332(g) of the Tariff Act of 1930, that the International Trade Commission (the Commission) conduct a...more

European Competition Law Newsletter – August 2017

by McGuireWoods LLP on

Restrictions on Resellers’ Use of Third-Party Internet Platforms - On 26 July 2017, Advocate General (AG) Nils Wahl of the European Court of Justice (ECJ) handed down his opinion in the seminal Coty case concerning...more

Competition Appeal Tribunal Blocks Class Action Against MasterCard

by K&L Gates LLP on

In one of the first decisions of its kind, the Competition Appeal Tribunal (“CAT”) has blocked a group of claimants from pursuing a £14 billion “collective action” against MasterCard, in a significant blow to the feasibility...more

ACCC and CrownBet Roll the Dice - Apply for Judicial Review of Tabcorp/Tatts Merger Authorisation

by K&L Gates LLP on

In Brief: On 10 July 2017, the ACCC applied to the Federal Court for judicial review of the Australian Competition Tribunal (Tribunal)'s determination to grant authorisation to Tabcorp Holdings Limited's proposed...more

EU & Competition Update: Developments in regulating e-commerce, a quick tour of the European Commission’s final report (Dutch)

by Dentons on

In order to make the EU’s single market fit for the contemporary digital age, the European Commission adopted in 2015 the ‘digital single market strategy’. One of the three pillars of this strategy is to achieve better access...more

EU & Competition Update: Developments in regulating e-commerce, a quick tour of the European Commission’s final report

by Dentons on

In order to make the EU’s single market fit for the contemporary digital age, the European Commission adopted in 2015 the ‘digital single market strategy’. One of the three pillars of this strategy is to achieve better access...more

What EU‘s Fine of Google $2.7 Means for Antitrust Exposure

by Kelley Drye & Warren LLP on

The European Commission has fined Google €2.42 billion ($2.7 billion) after concluding the company had abused its dominance in search. According to a letter from the EC announcing the results of its investigation, Google has...more

Who Listens When Congress Holds a Hearing on a Proposed Merger?

Last week, a Rhode Island Congressman published a letter he sent to the Chairman of the House Judiciary Committee requesting that the committee hold a hearing on the recently-announced Amazon-Whole Foods merger. This post...more

Ofcom places restrictions on allocation of spectrum to EE/BT in forthcoming 4G/5G mobile spectrum auction to preserve competition

by Bryan Cave on

On 11 July 2017, Ofcom, the UK Communications regulator, issued a statement relating to the forthcoming mobile spectrum auction for 2.3 and 3.4 GHz bands. The auction is to make available additional spectrum to facilitate the...more

Business Litigation Report - June 2017

Courts May Not Depart from the Bankruptcy Priority Rule in Chapter 11 Structured Dismissals - For more than a century, a cornerstone of federal bankruptcy law has been the absolute priority rule, which ensures that a...more

Protecting Your Manufacturing Innovations from Foreign Competition

by Ward and Smith, P.A. on

Commercial necessity often dictates that even though an innovation in the manufacturing process for a product occurs in the United States, the product may actually be made overseas and then sent to the United States for sale....more

Brussels Regulatory Brief: July

by K&L Gates LLP on

On 10 May 2017, the European Commission (“Commission”) published its final report (“Report”) concluding a wide-ranging two-year long inquiry into e-commerce (“Inquiry”). During the Inquiry – which was conceived as part of the...more

European Competition Law Newsletter – July 2017

by McGuireWoods LLP on

More EU Investigations Into Licensing and Distribution Practices - During June 2017, the European Commission launched yet more competition law investigations into licensing and distribution practices in the EU. The four...more

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