News & Analysis as of

Competition

Fighting Patent Trolls

by Snell & Wilmer on

When it comes to suppressing U.S. competiveness, no one does it better than patent trolls. A 2017 study concluded that 5,100 patent infringement lawsuits were filed in 2016. Trolls account for about 67% of those. Please...more

International Competition Network Addresses Bid-Rigging in Government Procurement

In October 2017, Canada’s Commissioner of Competition John Pecman (Commissioner) joined competition law enforcement authorities from around the world in Ottawa for the International Competition Network’s (ICN) 14th annual...more

Philippine Competition Commission clears Alipay and Ayala’s investment in Globe Fintech

by Reed Smith on

On 27 June 2017, the Philippine Competition Commission (PCC) announced that it was conducting a phase II review into the proposed investment by Alipay Singapore Holding Pte. Ltd. (Alipay) and Ayala Corporation (Ayala) into...more

The connected car: How European data protection, smart transport systems, and competition law intersect

by Hogan Lovells on

In this hoganlovells.com interview, partner Winston Maxwell and counsel Gianni De Stefano discuss how European data protection, smart transport systems, and competition law intersect and the impact they will have on the...more

Federal Trade Commission Announces Workshop on Competition in the Prescription Drug Market

On November 8, 2017, the Federal Trade Commission (FTC) will hold a workshop entitled, “Understanding Competition in Prescription Drug Markets: Entry and Supply Chain Dynamics.” Acting FTC Chairman Maureen K. Ohlhausen and...more

Big Data and digital markets remain in the focus of competition authorities – German FCO continues to lead the way

by Hogan Lovells on

On 6 October, the German Federal Cartel Office (“FCO”) launched its new series of papers on “Competition and Consumer Protection in the Digital Economy”. The first paper deals with “Big Data and Competition”. ...more

South East Asia: 5 reasons why it is an essential patent filing destination

by FPA Patent Attorneys on

Here are the top 5 reasons why you should file your patent in South East Asia. 1. South East Asia is big - South East Asia, and the 10 member countries of ASEAN (the Association of South East Asian Nations) in...more

European General Court Rules (again) on Mandatory Access and Interoperability in Software Industry

by Jones Day on

The Ruling: A recent European General Court decision provided valuable guidance on applying abuse of dominance rules (Article 102 TFEU) in the context of software products and provided some welcome clarifications regarding...more

DOJ Challenges Completed Merger that Passed Hart-Scott-Rodino Review

by Hodgson Russ LLP on

The U.S. Department of Justice recently filed a civil antitrust lawsuit against Parker-Hannifin Corporation and Clarcor Inc., alleging that the completed merger of these entities violated U.S. antitrust laws. This suit...more

Open Court Principle Means No Secret Proceedings If They Would Directly Affect a Competitor's Rights

by Bennett Jones LLP on

Equip: IP Litigation Case of the Week - Courts in Canada are presumed to be open and accessible to the public. Although a party’s commercial interests can be protected, a court will not grant a confidentiality order if...more

Trends in competition law enforcement across Africa

by Hogan Lovells on

Competition law is growing in Africa. According to a recent World Bank report, in 15 years the number of jurisdictions in Africa with competition law has almost trebled. A number of African countries have introduced or...more

Five Things To Know About German Merger Control

by McDermott Will & Emery on

As reported previously, German competition law was recently amended. The amendments included with the introduction of a “size of transaction”-threshold a notable change with respect to German merger control. The following is...more

Federal Judge Declares the Rule of Reason Will Apply in Criminal Antitrust Case and Dismisses the Case as Barred Under the Statute...

by Hogan Lovells on

On August 28, a Utah federal judge held in United States v. Kemp & Associates, et al. that he will apply the rule of reason standard in a criminal prosecution against an heir-locator company for allegedly colluding with its...more

Warning from the U.S. Antitrust Agencies: Remain Compliant with Antitrust Laws During Post-Hurricane Harvey and Irma Relief...

by K&L Gates LLP on

On September 12, 2017, the Department of Justice Antitrust Division and the Federal Trade Commission (collectively, the “Agencies”) released antitrust guidance for post-hurricane relief efforts in the aftermath of Hurricanes...more

Joint FTC / DOJ Guidance: Hurricanes Harvey and Irma

by McDermott Will & Emery on

Businesses and individuals in Texas, Florida, the Southeast, Puerto Rico and the Virgin Islands are preparing for a massive recovery and reconstruction effort in the wake of Hurricanes Harvey and Irma. The Antitrust Division...more

Intel Ruling: General Court Failed to Examine All of Intel’s Arguments, Court of Justice Says

On September 6, 2017, the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a...more

EU Court Orders New Assessment of Intel's Rebates

by Dechert LLP on

The Court of Justice of the European Union (CJEU) has quashed a ruling by the EU’s General Court which had upheld the European Commission’s (EC) 2009 finding of abuse of dominance by Intel Corporation Inc. Intel was fined...more

New era dawning in EU competition law? CJEU endorses an effects-based assessment of rebates and sets aside lower court’s judgment...

by White & Case LLP on

Intel and the effects-based approach in EU competition law - On 6 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") essentially held in Intel1 that the European Commission ("Commission") cannot...more

European M&A Market Insights, Summer 2017

by Morrison & Foerster LLP on

Germany Strengthens Foreign Investment Control: New Rules to Thoroughly Screen Investments in Enlarged Number of Key Industries - Germany ends its longtime liberal approach to foreign investments by increasing its...more

Stand and Deliver—Federal Court Enforces Trademarks For "Stork" Lawn Signs Announcing New Births

by Bennett Jones LLP on

A single product can, in some circumstances, attract more than one form of intellectual property (IP) protection. For example, if functioning as an indicator of source, a product itself can attract trademark protection while...more

Singapore Legal Update - August 2017

by Allen & Overy LLP on

SIC Takeovers Bulletin 3/2017: Management Buy-Outs and Other Matters - The SIC’s most recent bulletin sets out its views on the following matters: The information to be provided to a competing offeror in the case of a...more

By Antitrust Standards, When Is a Firm Really Failing?

The “failing firm” defense as a justification for permitting a merger that may otherwise lessen competition gets considerable play in healthcare transactions. Perilous hospital economics—often brought on by low Medicare and...more

Chief Compliance Officers Have to Address Criminal Antitrust Risks (Part I of II)

by Michael Volkov on

We often read articles and blog postings about anti-corruption, anti-money laundering, export controls and sanctions compliance issues. The focus on these topics is justified. However, there is one glaring omission –...more

Tips for Avoiding Disparagement of a Competitor

by Revision Legal on

In the broadest sense, commercial disparagement involves advertising or other public statement including false or misleading information about a business that discourages consumers from buying from or dealing with that...more

THE LATEST: Rate-for-Volume Payer Contract Provision Should Be Analyzed under Rule of Reason

by McDermott Will & Emery on

District Judge Walter H. Rice of the Southern District of Ohio granted three pretrial motions brought by the Defendants on the eve of trial in The Medical Center at Elizabeth Place, LLC v. Premier Health Partners, et al.,...more

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