News & Analysis as of

Competition

Derailing the Gravy Train – Trump Unveils Plan to Reduce Drug Prices

Throughout his presidential campaign, President Trump championed the need to allow the government to negotiate drug prices on behalf of the Medicare program. However, that third rail for pharmaceutical companies was not...more

Supplying Products & Managing Margin Down Under: Online Price Erosion Strategies for Product Manufacturers in Australia and New...

by K&L Gates LLP on

The Australian and New Zealand markets present a dilemma for manufacturers. Both are highly developed economies with wealthy, well-educated consumers who are amongst the world's most enthusiastic adopters of new technologies....more

Law à la Mode: Special Edition - INTA 2018

by DLA Piper on

In this edition, we explore how fashion brands look to capitalize on the ever-growing popularity of social media - such as the need for effective disclosures by social media influencers when promoting products or services....more

Antitrust Alert: ACCC Highlights C&I Users' Need For More Affordable Electricity and Gas

by Jones Day on

In a speech to the Energy Users Association of Australia ("EUAA"), the Australian Competition & Consumer Commission ("ACCC") Chairman said that the energy market is not working effectively for commercial and industrial users...more

FDA’s New Pharma Shame Game

by Holland & Knight LLP on

On May 17, 2018, the Food and Drug Administration (FDA) posted a new list targeting pharmaceutical companies that, in the FDA’s view, have used “certain ‘gaming’ tactics to delay generic competition.” The list is intended to...more

Scrap Separating/Crushing/Grinding Equipment: Institute of Scrap Recycling Industries Comments on China 301 Tariff List

The Institute of Scrap Recycling Industries (“ISRI”) submitted May 11th comments to the Office of the United States Trade Representative (“Office”) in regards to the Administration’s review in consideration of imposing...more

California Attorney General Brings Action Against Sutter Health Contending its Contracting Practices Violate the Antitrust Laws

The California Attorney General recently filed a precedent-setting antitrust action against Sutter Health, the largest health system in Northern California (People of the State of California v. Sutter Health, Case No....more

New Bill is Preview of What Might Happen if Congress Flips in November

by Cozen O'Connor on

Many pollsters are predicting Congress could switch from Republican to Democratic control in November. It has been quite some time since we have seen any significant employment legislation from the Congress, but a newly...more

Hunting unicorns: German and Austrian Competition Authorities publish draft Guidance Note on Transaction Value Thresholds

by Hogan Lovells on

Since 2017, new merger control thresholds have been in effect in Germany and Austria which do not depend on the revenues generated by the parties but, rather, on the value of the transaction....more

Financial Regulatory Developments Focus - May 2018 #2

by Shearman & Sterling LLP on

In this week's newsletter, we provide a snapshot of the principal U.S., European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset...more

Straight Talks: New players, new rules - IP disruption in the automobile industry

by Hogan Lovells on

Not long ago, an automotive “innovation” meant a new way of engineering a powertrain or emissions system, which would then be patented by the original equipment manufacturer (OEM) or supplier. A “gentlemen’s agreement”...more

Administration presents plans to lower drug prices

by Hogan Lovells on

On May 11, 2018, President Trump and Department of Health and Human Services (HHS) Secretary Alex Azar delivered highly anticipated speeches regarding the administration's plan to reduce drug prices. Please see full...more

Competition Law Compliance: Canada’s Competition Bureau Releases New Draft Immunity and Leniency Programs

In today’s enforcement climate, it is critical that businesses adopt and adhere to a competition law compliance policy that accords with the Competition Bureau’s 2015 bulletin on Corporate Compliance Programs....more

House Passes Bill Proposed to Align FTC and DOJ Merger Review

by Holland & Knight LLP on

The House of Representatives yesterday passed a bill – the Standard Merger and Acquisition Reviews Through Equal Rules (SMARTER) Act of 2018, H.R. 5645 – designed to align procedures and standards under which the Federal...more

Shhh ... Don't Tell Anyone: Tips on NDAs

by Foley & Lardner LLP on

The Non-Disclosure Agreement (“NDA”) is a document that is very often prone to misuse in commercial practice. Often, when business teams from two companies get together, the first thing they do, almost as a box-checking...more

FTC v. Shire ViroPharma – Notice of Appeal

by Locke Lord LLP on

The Federal Trade Commission (“FTC”) has appealed to the U.S. Court of Appeals for the Third Circuit the dismissal by Delaware U.S. District Judge Richard Andrews of FTC’s complaint against Shire ViroPharma Inc....more

An Ounce Of Prevention Is Worth A Pound Of Cure When It Comes To Protecting Your Trade Secrets

by Fisher Phillips on

Anyone working in the healthcare industry knows the saying: “an ounce of prevention is worth a pound of cure.” It’s one of the most common adages used when discussing the benefits of a healthy lifestyle or the importance of...more

OECD publishes issues paper on blockchain and competition law

by Hogan Lovells on

Competition law questions are increasingly raised in the public debate about the blockchain technology. While there is yet to be any investigation in this field, the policy debate about applying competition law instruments to...more

Be Mindful of Competition Risks in Hiring Practices

The Competition Commission has published an advisory to alert businesses of the competition risks associated with employment-related practices. Competition between employers in the labour market leads to better employment...more

OECD publishes issues paper on blockchain and competition law

by Hogan Lovells on

Competition law questions are increasingly raised in the public debate about the blockchain technology. While there is yet to be any investigation in this field, the policy debate about applying competition law instruments to...more

Financial Regulatory Developments Focus - April 2018 #5

by Shearman & Sterling LLP on

In this week's newsletter, we provide a snapshot of the principal U.S., European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset...more

Health Insurers Contend Allergy Test Maker’s Antitrust Claims Make No Economic Sense – Seek Early Dismissal on that Basis

Three health insurers accused of having violated the antitrust laws in Academy of Allergy & Asthma in Primary Care v. Blue Cross Blue Shield of Louisiana, et al. (Eastern District of Louisiana), have filed motions seeking a...more

Alert: European Commission Gets Tough on Gun Jumping

by Cooley LLP on

On 24 April 2018, the European Commission fined multinational telecoms company Altice €124.5 million (c.$150 million) for breaching EU merger control rules by implementing its acquisition of Portuguese telecoms operator PT...more

Out with the Old: DOJ Seeks to Terminate Outdated Antitrust Judgments

by Mintz Levin on

The Department of Justice (“DOJ”) announced a new initiative to terminate “legacy” antitrust judgments that “no longer protect competition.” In 1979, the DOJ adopted a general practice to include sunset provisions that...more

The Right Tools in the Box — Tackling Competition and Consumer Issues in Online Platforms

On 26 April 2018, the European Commission (the “Commission“) published a long awaited draft regulation on promoting fairness and transparency in online platforms, introducing some new rules for the operators of platforms...more

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