Monopolization

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

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

by Salomon Kalach | Manatt, Phelps & Phillips, LLP on 3/26/2013

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

Eaton Looks To U.S. Supreme Court For Help After Third Circuit Upholds

by Daniel Boland, Barbara Sicalides | Pepper Hamilton LLP on 3/7/2013

On February 25, 2013, Eaton Corporation (Eaton) filed a petition for certiorari to the United States Supreme Court seeking to reverse a jury verdict finding Eaton liable for illegal monopolization. In late 1999/early 2000,...more

Supreme Court Reins in State Action Immunity

by Baker, Donelson, Bearman, Caldwell &... on 2/28/2013

Last week a unanimous Supreme Court issued its highly anticipated opinion in FTC v. Phoebe Putney Health System, Inc., addressing the "State action" exemption from application of the federal antitrust laws for the first time...more

Merger-To-Monopoly Held Not Protected By State-Action Immunity

by Matthew Hans, Mitchell Raup | Polsinelli on 2/27/2013

The U.S. Supreme Court on February 19th scaled back the "state action immunity" doctrine, siding with the Federal Trade Commission on an issue that had divided the lower courts and holding that a county Hospital Authority's...more

The Supreme Court Tightens Up State-Action Immunity: Justices Rule that Phoebe-Putney/Palmyra Transaction Is Not Immune from...

by Michael Denniston, Jay L. Levine | Bradley Arant Boult Cummings LLP on 2/27/2013

On February 19, 2013, the Supreme Court unanimously held that the effective acquisition of Palmyra Medical Center (“Palmyra”) by Phoebe Putney Health System, Inc. (“PPHS") in Southwestern Georgia was not immune from antitrust...more

Supreme Court Clarifies Antitrust Immunity For State-Sanctioned Conduct

by Daniel E. Hemli, Jacqueline R. Java | Bracewell & Giuliani LLP on 2/25/2013

On February 19, 2013, the U.S. Supreme Court, in a unanimous decision, found that a merger of two Georgia hospitals was not immune from federal antitrust laws under the "state-action" exemption, reversing a decision of the...more

Supreme Court Rules for FTC in Hospital Merger Case

by Swati Rawani, Willard Tom | Morgan Lewis on 2/22/2013

Holding in Phoebe Putney case narrowly construes state-action exemption to antitrust laws. On February 19, in Federal Trade Commission v. Phoebe Putney Health System, Inc., the U.S. Supreme Court unanimously reversed a...more

Supreme Court Unanimously Rules Unforeseeability Bars Immunity Defense for Allegedly Anticompetitive Hospital Merger

by Robert G. Kidwell, Farrah Short, Bruce D. Sokler | Mintz Levin - Antitrust on 2/22/2013

On February 19, 2013, the U.S. Supreme Court unanimously held that state-action immunity does not protect a state-created hospital authority from antitrust scrutiny over a proposed hospital merger where the anticompetitive...more

"US Supreme Court Narrows State-Action Doctrine in Hospital Merger Challenged by FTC"

by Clifford Aronson, Alec Chang, Sharis Pozen, Joanna Warren | Skadden, Arps, Slate, Meagher & Flom LLP on 2/22/2013

In a unanimous decision issued on February 19, 2013, the U.S. Supreme Court ruled that the state-action doctrine did not immunize Phoebe Putney Health System’s acquisition of Palmyra Park Hospital in Albany, Georgia.1 The...more

Supreme Court Holds Antitrust Law Applies to State Hospital Authority Transaction

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 2/21/2013

In one of the most closely watched healthcare antitrust cases in years, the Supreme Court issued its decision in the FTC merger challenge to a Georgia hospital merger, Phoebe Putney Health System’s acquisition of Palmyra...more

$300 Million Dairy Settlement Will Bring Reform, Lawyer Says [Video]

by Bloomberg Law on 2/19/2013

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

The Patent-Antitrust Interface: Are There Any No-No's Today?

by William Coston | Venable LLP on 1/31/2013

Antitrust law and patent law are legal tectonic plates – always in motion, occasionally converging, occasionally diverging, and occasionally moving in parallel relation. As patent suits have recently multiplied, the...more

Energy Innovation: Monopoly vs. Competition

by Bruce Goodman | Varnum LLP on 1/25/2013

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

REGULATORY: International Trade: Energy Discrimination And International Rules In Hard Times: What’s New This Time Around, And...

by King & Spalding on 1/25/2013

International trade and investment in the energy sector takes place in a framework of treaties based on the conviction that all boats rise on the tide of free trade and underpinned by legal obligations, including the...more

Burn Before Reading: Hot Documents and Antitrust Claims

by Lee Simowitz | BakerHostetler on 1/23/2013

Antitrust law and economics seem like dark arts to outsiders, an impression that antitrust lawyers are none too eager to dispel....more

China's Ministry of Commerce Announces Investigations into Failures to Notify a Concentration, Introduces New Transparency...

by Henry Chen, Frank Schoneveld | McDermott Will & Emery on 1/10/2013

China’s Ministry of Commerce recently announced that it opened four investigations during 2012 into suspected non-compliance with China’s merger control notification procedures. The outcomes of the investigations are still...more

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To amparo or not to amparo?

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

Eaton Looks To U.S. Supreme Court For Help After Third Circuit Upholds

Supreme Court Reins in State Action Immunity

Merger-To-Monopoly Held Not Protected By State-Action Immunity

The Supreme Court Tightens Up State-Action Immunity: Justices Rule that Phoebe-Putney/Palmyra Transaction Is Not Immune from...

Supreme Court Clarifies Antitrust Immunity For State-Sanctioned Conduct

Supreme Court Rules for FTC in Hospital Merger Case

Supreme Court Unanimously Rules Unforeseeability Bars Immunity Defense for Allegedly Anticompetitive Hospital Merger

"US Supreme Court Narrows State-Action Doctrine in Hospital Merger Challenged by FTC"

Supreme Court Holds Antitrust Law Applies to State Hospital Authority Transaction

$300 Million Dairy Settlement Will Bring Reform, Lawyer Says [Video]

The Patent-Antitrust Interface: Are There Any No-No's Today?

Energy Innovation: Monopoly vs. Competition

REGULATORY: International Trade: Energy Discrimination And International Rules In Hard Times: What’s New This Time Around, And...

Burn Before Reading: Hot Documents and Antitrust Claims

China's Ministry of Commerce Announces Investigations into Failures to Notify a Concentration, Introduces New Transparency...

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

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

Top Posts of 2012

Patent Watch: IGT v. Alliance Gaming Corp

UAE Legislative Update – The UAE Promulgates a Competition Law

A FRANDlier Realm

China’s Merger Control Regime

Antitrust Monopolization Considerations in Licensing Cutting-Edge Food Technology Patents

$300 Million Dairy Settlement Will Bring Reform, Lawyer Says [Video]

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