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Competition

Bennett Jones LLP

Class Actions: Looking Forward 2025

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We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to...more

Axinn, Veltrop & Harkrider LLP

Patman Returns … and Retreats Again

When agency enforcement of the Robinson-Patman Act (RPA) was revived near the end of the Biden administration, it was met with mixed reactions. Given the Republican Commissioners’ disapproval of the complaints, it came as no...more

Morgan Lewis

European Commission Launches Merger Guidelines Review

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The European Commission (EC) is conducting a comprehensive review of its Merger Guidelines, supported by a broad public consultation. The review aims to determine whether the current framework remains suitable for assessing...more

Jones Day

European Commission Proposes Further Prohibitions of Territorial Restrictions on Branded Products

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Future prohibition on territorial supply constraints would expand EU law to prohibit certain unilateral conduct by large manufacturers....more

Schwabe, Williamson & Wyatt PC

FAR Council Using Systematic Approach to Make Revisions

The FAR Council is undertaking a systematic approach to revising the FARs. It recently released its revisions to FAR Part 10, Market Research. The GSA provided the following explanation of the changes to FAR Part 10: ...more

McCarter & English, LLP

Antitrust Considerations in Preferred Vendor and Loyalty Program Agreements

Companies in a wide range of industries commonly develop incentive programs for vendors, including preferred vendor or loyalty programs, to increase sales or establish loyalty. Acceptance of the terms and conditions of these...more

Foley & Lardner LLP

U.S. and International Antitrust Agencies Signal Aggressive Antitrust Enforcement in Procurement, Consumer Products, and Labor...

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As we previously reported on April 15 and April 28, the Department of Justice (DOJ) and Federal Trade Commission (FTC) are increasingly monitoring companies for anticompetitive conduct in response to rising costs following...more

Dacheng

China Monthly Antitrust Update: May 2025

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This monthly report outlines key developments in China’s antitrust sector for May. The following events merit special attention...more

Morrison & Foerster LLP - Government...

Ongoing FAR Overhaul: Market Research and the New FAR Part 10

The latest part of the Federal Acquisition Regulation (FAR) to undergo a rewrite is FAR Part 10, which addresses market research for acquisitions. The General Services Administration has already adopted the new Part 10 via...more

Latham & Watkins LLP

Review of the EU Merger Guidelines - The First Step

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The European Commission has launched a public consultation seeking feedback on its ongoing review of the 20+-year-old EU merger guidelines....more

WilmerHale

Healthcare & Antitrust: What to Expect in the New Trump Administration

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Antitrust scrutiny of healthcare markets is nothing new. The Biden Administration and first Trump Administration focused antitrust enforcement efforts across the healthcare and life sciences industries. The newly installed...more

Blake, Cassels & Graydon LLP

Avantage concurrentiel par Blakes : mise à jour de mai 2025

Bienvenue à l’édition de mai de l’infolettre Avantage concurrentiel par Blakes, une publication mensuelle des groupes Concurrence et antitrust et Investissement étranger de Blakes. Avantage concurrentiel par Blakes présente...more

Dacheng

Regulatory Escalation in Pharma Sector: China Imposes First Executive Sanctions in a Cartel Case

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On May 9, 2025, the Tianjin Municipal Administration for Market Regulation (“Tianjin AMR”) announced administrative penalties against four manufacturers of dexamethasone sodium phosphate (“DSP”) active pharmaceutical...more

Goodwin

Goodwin Antitrust Shorts: Fundamental EU Merger Guidelines Review

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On 8 May 2025, the European Commission (“the Commission”) launched two public consultations as part of its comprehensive review of the guidelines for horizontal and non-horizontal mergers. ...more

White & Case LLP

European Commission invites business to input on a "comprehensive and ambitious" review of its Merger Guidelines

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The European Commission has launched a public consultation of its Horizontal and Non-Horizontal Merger Guidelines. Framed as a "comprehensive and ambitious" review, the Commission is exploring how to incorporate wider policy...more

Parker Poe Adams & Bernstein LLP

New FTC Consent Order Against Health Care-Focused Private Equity Firm Has Antitrust Implications

Last week, the Federal Trade Commission (FTC) approved a final consent order with a private equity firm focused on health care and technology to resolve allegations of anticompetitive practices in two anesthesiology markets...more

Polsinelli

Orange Book Listings: Republican Led FTC Picks Up Where Democrat Led FTC Left Off

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Key Takeaways - The Federal Trade Commission (FTC), now under Republican leadership, has continued its scrutiny of Orange Book listings for device patents, signaling bipartisan concern over potential anti-competitive...more

White & Case LLP

Key Insights from the LSTA and DealCatalyst 4th Annual Private Credit Industry Conference on Direct Lending

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On May 12 and 13 2025, the Loan Syndications and Trading Associations held its fourth annual private credit industry conference in Nashville, Tennessee—the speakers of which included industry professionals from direct lending...more

Lathrop GPM

DOJ Antitrust Division Secures First Win in Criminal Wage-Fixing Case

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On April 14, 2025, a federal jury in the U.S. District Court for the District of Nevada convicted the operator of a home healthcare staffing agency of a criminal violation of the federal antitrust laws. ...more

Bennett Jones LLP

Competition Act Amendments Open Door to Quasi Class Actions

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Since 2022, the Government of Canada has substantially amended the Competition Act each year for three successive years. Among the many changes are a collection of related amendments which aim to expand access to the...more

Skadden, Arps, Slate, Meagher & Flom LLP

A Deep Dive Into Intermediary Remuneration as the UK Supreme Court Considers Its Legality

Is payment to an intermediary, not by its client but by the financial service provider, an illegal inducement or a legitimate distribution cost? In Hopcraft, the UK Supreme Court will consider this perennial question. The...more

Troutman Pepper Locke

Embattled Biotechs Facing Uncertainty at the FDA Look to Collaborative Deal Structures

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Biotechs have faced several challenging years with slumping valuations and a competitive funding environment. However, the latest slew of retirements and layoffs at the FDA could present their greatest challenge yet....more

Bass, Berry & Sims PLC

Bid Protest Minute – Protest Underscores Importance of Prejudice, Past Performance Requirements, and Protest Timing

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On May 7, the Government Accountability Office (GAO) dismissed a protest challenging the terms of a solicitation for being unduly restrictive. The protest highlights three important considerations that contractors should...more

King & Spalding

UAE Implements Sweeping Competition Law Reforms with Mandatory Pre-Merger Notifications

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The United Arab Emirates (UAE) has implemented a significant reform of its competition law framework through Federal Decree-Law No. 36 of 2023, with key implementing provisions brought into effect by Cabinet Ministerial...more

Schwabe, Williamson & Wyatt PC

Federal Procurement Challenges for Native Contractors

On April 9, 2025, the Center for Indian Country Development published an interesting report on the impact of contract consolidation/bundling by the federal government on Native-owned government contractors. In Executive...more

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