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Anti-Competitive

Recent Antitrust Settlements Are Providing New Recovery Opportunities, But Filing Claims Is Proving To Be Complicated

First there was Libor. Next came credit default swaps and foreign exchange. Now, highlighted by the over $2 billion settlement reached in the Foreign Exchange Antitrust Litigation, plaintiffs are pursuing a number of...more

EU Judgment On Banning Sales Via Online Marketplaces - What Does It Mean For Non-Luxury Brands?

by K&L Gates LLP on

The EU’s highest court, the Court of Justice of the EU, has decided that suppliers operating a selective distribution system may be able to prevent their authorised resellers from selling on third party platforms. The Court’s...more

High Court Grants Certiorari in Vitamin C Antitrust Litigation

by Holland & Knight LLP on

On Friday, January 12, 2018, the United States Supreme Court agreed to hear the appeal of two Vitamin C purchasers in what has become known as In re: Vitamin C Antitrust Litigation. Appellants are seeking to overturn a 2016...more

State Of Louisiana, As Absent Class Member, Escapes CAFA Settlement Trap

by Carlton Fields on

The Third Circuit Court of Appeals affirmed a Pennsylvania district court decision holding the Eleventh Amendment to the United States Constitution prevented a private party from enjoining the state of Louisiana from bringing...more

UK Merger Control Scheme Is More Than Just Voluntary

Orrick’s Douglas Lahnborg and Saira Henry co-authored an article in Law360 about the merger process in the UK, and whether companies should consider seeking approval from the UK’s Competition and Markets Authority (CMA). The...more

When is pricing discriminatory?

by Bryan Cave on

We reported in January 2017 on how a Portuguese Court has asked the Court of Justice of the European Union (“CJEU”) to provide guidance on when “discriminatory pricing applied to equivalent transactions” amounts to an abuse...more

Despite Presence of “Power Buyer,” FTC Obtains Preliminary Injunction of Proposed Physician Acquisition in North Dakota

by Mintz Levin on

While antitrust enforcement of hospital mergers is well-established, physician acquisitions have only recently and increasingly seen antitrust scrutiny. Last week, in a 69-page opinion, a federal district court granted the...more

As Germany Targets Facebook’s Data Collection, DOJ Antitrust Division Suggests Friendlier Approach to Data-Powered Digital Market...

Information can be an invaluable asset. This is especially evident in the technology sector, where companies use increasingly sophisticated methods to collect, aggregate, and analyze data. Exclusive possession of data can,...more

A Review of the DOJ/FTC’s Antitrust Guidance for Human Resource Professionals

by Arnall Golden Gregory LLP on

In October 2016, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued an eleven-page joint guidance document entitled “Antitrust Guidance for Human Resource Professionals”...more

CNN: Is There A First Amendment Defense to an Anticompetitive Merger?

by Kelley Drye & Warren LLP on

Shortly after the Justice Department’s challenge to AT&T’s acquisition of Time Warner was announced, a rumor floated that AT&T had offered to divest CNN to assuage the Division’s concerns. The gist of the rumor was that the...more

Ascertainability & In Re Nexium – The Side-Effects Continue

by Pierce Atwood LLP on

As various contributors to this blog have noted, a divided panel of the First Circuit adopted a “loose” approach to the ascertainability requirement in In re Nexium Antitrust Litigation. Specifically, while acknowledging...more

Supreme Court of Georgia Upholds Constitutionality of Certificate of Need Statute

by Miller & Martin PLLC on

The Supreme Court of Georgia has rejected an outpatient surgery center’s constitutional challenge to the state’s Certificate of Need (“CON”) statute, Women’s Surgical Center, LLC, v. Berry. The applicable code section,...more

FERC Enforcement Releases 2017 Annual Report

• On November 16, 2017, the Federal Energy Regulatory Commission released its 11th annual Report on Enforcement, detailing the agency’s Enforcement activities in 2017. • Key highlights are that Enforcement priorities were...more

Does What Happens Outside the U.S. Stay Outside the U.S.?

As the economy continues to globalize, so too does the reach of antitrust law. Two recent cases illustrate the interaction between international trade and U.S. antitrust law: Biocad v. F. Hoffman-La-Roche Ltd. and In re...more

European Court of Justice Deals Blow to Commitment Decisions

On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in...more

Indirect Purchasers Cannot Sue Qualcomm Under Federal Law, But State Law Claims Survive

A federal judge in California has refused to allow indirect purchasers of semiconductor chips—i.e., cell phone consumers—to bring claims against Qualcomm under federal antitrust law....more

OTA & Travel Distribution Update - Nov. 10th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending November 10, 2017 is below. Senator Kobuchar’s recent request for an DOJ and FTC investigation into OTAs’ purportedly anti-competitive practices leads this...more

EU & Competition Law Update – November 2017

by Bryan Cave on

EU opens investigation into UK tax scheme for multinationals - The EU State aid rules are designed to stop Governments and local authorities giving companies a selective advantage, as doing so would create an unequal...more

Feds Come Out Against Seattle’s Law to Unionize Rideshare Drivers

by Fisher Phillips on

The gig economy just got a strong ally in its fight to remain union-free: the federal government. The latest development in the ongoing saga involving an attempt to put into place the nation’s first unionization law that...more

Big Data and Antitrust: Rethinking Competition Law in the Data Economy

As we approach calendar year end, traditionally the busiest period of the year for mergers and acquisitions, it is worth revisiting whether our existing competition law framework can and does properly assess the market power...more

EU General Court orders fresh review of Liberty Global/Ziggo merger

by Dechert LLP on

The EU lower court has overturned a 2014 merger clearance by the European Commission (EC) following an appeal by a third party. Overturning the clearance does not mean that the deal is now prohibited. Instead, the case...more

IPunkt - October 2017

by Hogan Lovells on

Kurze Einleitung - Liebe Leserin, lieber Leser, diesen Monat ist es endlich wieder soweit. Der IPunkt kehrt in neuem Gewand zurück. Passend hierzu haben unsere Autoren die neuesten Updates im Bereich des IPMT kurz...more

Corporate Concentration, Mergers, and Antitrust Enforcement in the Current Political Climate

by Holland & Knight LLP on

Attacking the vigor and effectiveness of antitrust enforcement has become increasingly popular political subject. Just last week, Senator Cory Booker released a letter to the FTC and DOJ urging them to consider the interests...more

The FTC’s Challenge of Red Ventures–Bankrate: Antitrust Risks in Deals Backed by Private Equity Minority Shareholders

by Shearman & Sterling LLP on

On November 3, 2017, the Federal Trade Commission filed a complaint challenging Red Ventures’ proposed acquisition of Bankrate. The FTC alleged that the deal likely would have lessened competition in the market for...more

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

by Holland & Knight LLP on

As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

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