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Competition

Digital Antitrust – Outlook for the European Antitrust Year 2018

by Hogan Lovells on

With the New Year only a few days old, we want to present a short outlook what to expect from European antitrust enforcement in 2018, with a particular focus on Germany. ...more

Foreign Investment Control Heats Up: A Global Survey of Existing Regimes and Potential Significant Changes on the Horizon

by Jones Day on

Mergers and acquisitions by multinational companies require attention to foreign investment controls around the world, and such controls vary widely. For example, requirements for determining whether such controls apply, the...more

Physician Certification Group Wins Dismissal of Antitrust Suit Brought By Physicians

by Mintz Levin on

A physician organization has failed to sufficiently plead that a physician certification group caused an unreasonable restraint of trade through its actions to promulgate its certification program. Last week, a district court...more

Delaware Supreme Court Clarifies Significance of Deal Price in Appraisal Cases

• For the second time in 2017, the Delaware Supreme Court reversed a Chancery Court’s decision to assign little or no weight to deal price in appraisal cases • In both cases, the court remained firm in its decision not to...more

Federal Court Enjoins North Dakota Physician Practice Merger

by Holland & Knight LLP on

On December 15, 2017, United States Magistrate Judge Alice Senechal of the District of North Dakota entered an order preliminarily enjoining the merger between two large physicians practices in the Bismarck/Mandan market,...more

Public Utility Regulatory Policies Act (PURPA): December 18th National Association of Regulatory Utility Commissioners Letter...

The National Association of Regulatory Utility Commissioners (“NARUC”) sent a December 18th letter to the Chairman and Members of the Federal Energy Regulatory Commission (“FERC”) advocating changes to the Public Utility...more

L'ouverture à la concurrence du secteur ferroviaire en France : Spécificités et modalités

La fin du monopole d'État du secteur ferroviaire en France, demandée par la Commission Européenne, constitue un changement majeur dans la législation française et aura de nombreuses répercussions économiques,...more

TMT Horizons 2018

by Hogan Lovells on

Some of the 800+ Hogan Lovells lawyers who look at the TMT Industry Sector share their perspectives on the future. From Tokyo to Mexico; from Blockchain to satellites; from M&A to privacy. Please see full Publication below...more

Competition Bureau Releases Final Fintech Market Study

The Competition Bureau (Bureau) recently released the final report from its market study, titled Technology-led innovation and emerging services in the Canadian financial services sector (Report), analyzing the regulatory and...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

Africa Legal News - December 2017

by Jones Day on

The Treachery of Images - Most people are familiar with the famous painting by René Magritte called "The Treachery of Images" (1928). The picture shows a pipe and below it the caption "This is not a pipe." In Africa,...more

Criminal antitrust prosecutions still loom for employers with ‘no-poaching,’ ‘wage-fixing’ agreements

by Thompson Coburn LLP on

Agreements to refrain from soliciting another company’s employees (“no poaching” agreements) recently came under increased scrutiny — including the ominous potential for felony charges. A year ago, under the Obama...more

Financial institutions M&A trends: Market infrastructure - Regulation and technology overhaul financial market infrastructure

by White & Case LLP on

Technology and tougher regulation are reshaping the infrastructure the financial services industry relies on to function. The four pillars of financial market infrastructure: payment systems; trading platforms; financial...more

Telecom Convergence: Nirvana or Nightmare?

by Hogan Lovells on

Convergence—the consolidation or synergism of previously distinct systems and functionalities–is creating all sorts of new opportunities for telecom providers and content creators. ...more

Protecting Prestige: EU Decision Safeguards Sale of Luxury Brands From Online Marketplaces

by Ballard Spahr LLP on

In a major victory for luxury brands in Europe that could have far-reaching effects on e-commerce sales of luxury products in the future, the European Court of Justice (COJ) recently held that a luxury goods supplier can stop...more

Covenant Not to Compete/Landfill Gas Services: Federal Court Addresses Request for Preliminary Injunction

Like many service industries, conflicts sometimes arise between competitors in the environmental service industry segments. A federal district court, Western District, North Carolina (“Court”) addressed in a September 29th...more

Selective distribution and online sales: complying with EU competition law after the Coty judgment

by Hogan Lovells on

The Court of Justice of the European Union recently issued a landmark judgment that will affect distribution and online sales in particular in the consumer goods and digital sectors....more

Highest EU Court Confirms that Luxury Goods Manufacturers Can Stop Sales on Online Resale Platforms

by K&L Gates LLP on

In a judgment rendered on 6 December 2017, the Court of Justice of the EU (“CJEU”) stressed that selective distribution systems for luxury goods which are designed to preserve the luxury image of those goods are generally...more

2018 NDAA Analysis: Acquisition Workforce Improvements

by Holland & Knight LLP on

This is the sixth blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

Selective Distribution Systems and Bans on Sales of Luxury Products via Online Market Platforms: Initial Thoughts on the CJEU’s...

The Court of Justice of the European Union (CJEU) confirmed in a short judgment of 6 December 2017 that a prohibition imposed on authorized distributors from using third party platforms for the sale of their luxury products...more

The PURPA Modernization Act of 2017: Proposed Reforms and Potential Implications

On November 29, 2017, Rep. Tim Walberg (R-MI) introduced H.R. 4476, the PURPA Modernization Act of 2017 (the “Act”), which, if enacted, would significantly change the Public Utility Regulatory Policies Act of 1978 (PURPA)....more

Amendments to Australian Antitrust Regime Take Effect

by Jones Day on

The Situation: Australia has adopted a package of changes to its antitrust laws that are designed to give more power to its antitrust enforcement agency, the Australian Competition and Consumer Commission, and to increase...more

Brussels Regulatory Brief: December

by K&L Gates LLP on

On 10 November 2017, the European Union (“EU”) General Court (“GC”) rendered a judgment partially annulling the European Commission’s (“Commission”) decision fining a broker for its involvement in the Libor Yen interest rate...more

Luxury Brands Can Ban Resale on Third Party Websites Euro Court Judgment

by Reed Smith on

As widely expected, the European Court has followed the opinion of its Advocate General and upheld a clause in a selective distribution agreement for Coty cosmetics which prevents authorised retailers from selling Coty...more

Antitrust, distribuzione selettiva e piattaforme online: finalmente i chiarimenti della Corte di Giustizia

by Allen & Overy LLP on

Consultazione - È possibile nell’ambito di un sistema di distribuzione selettiva vietare ai rivenditori autorizzati l’utilizzo delle piattaforme online? A questa domanda nel recente passato hanno risposto in modo...more

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