News & Analysis as of


Proving A Franchisor’s Irreparable Injury To Obtain A Preliminary Injunction

by Mulcahy LLP on

When a franchisor grants a franchise, it licenses, among other things, its trade name and business operating system. By doing this, the franchisor trusts its franchisees, area representatives, and sub-franchisors with its...more

China to Consolidate Antitrust Law Enforcement Power

by McDermott Will & Emery on

The Chinese government announced on March 13, 2018 that it will consolidate the duties of three competition agencies into a new government agency to handle all antitrust matters. While it is too early to tell how this...more

A Two-Sided Coin: Regulation and Merger Control in the EU Telecommunications Sector

by Jones Day on

The Ruling: The Dutch competition authority's approval of KPN's acquisition of fiber operator Reggefiber was upheld by the Dutch Trade and Industry Appeals Tribunal in February 2018. In assessing the merger's competitive...more

Attempted Monopolization Suit Based on Alleged Referral Steering Moves Forward with Court’s Acceptance as Plausible of a...

by Mintz Levin on

A private home health care agency’s attempted monopolization suit against a dominant public hospital system and its home health care agency will move forward following a federal district court’s denial of the defendant...more

CMA’s Renewed Interest in Trade Associations

by K&L Gates LLP on

The Competition and Markets Authority (CMA) recently released a blog post authored by Simon Nichols, CMA Project Director. It acts as a stark reminder of the importance of competition compliance and the consequences of...more

Australian Competition and Consumer Commission Launches Criminal Cartel Case: More to Come?

by Jones Day on

The Background: Earlier in 2018, the Australian Competition and Consumer Commission warned that several domestic companies would face criminal cartel prosecutions in 2018. The Situation: The ACCC has begun to follow...more

Unlawful Market Allocation Agreements Are Not Always Obvious

by Epstein Becker & Green on

Agreements to allocate markets raise serious antitrust concerns and can encompass a wide range of activities. Common forms of market allocation agreements include agreements between competitors involving facility locations,...more

DOJ Announces Roundtable Series on Competition and Deregulation

The Department of Justice (“DOJ”) Antitrust Division recently announced plans to hold a series of public roundtable discussions to analyze the relationship between competition and regulation, and its implications for...more

Antitrust Alert: French Competition Authority Concludes Online Advertising Sector Inquiry And Announces Possible Further Actions

by Jones Day on

The French Competition Authority ("FCA") has published the results of its sector-specific inquiry into display online advertising. The 125-page opinion of March 6, 2018, ("Opinion") identifies potential competition concerns...more

Institutional Investor Shareholdings Come Under European Commission Scrutiny

by Jones Day on

The Situation: A recent study examining common corporate shareholdings in the United States argues that the holding of even minority stakes in rival companies by institutional investors affects competition. The European...more

Cert Petition Asks How Far Does the Noerr-Pennington Doctrine Extend?

On February 28, 2018, the Puerto Rico Telephone Company, Inc. (PRTC) filed a petition for a writ of certiorari after its antitrust claims against San Juan Cable LLC (OneLink) were dismissed by the First Circuit Court of...more

Fake Reservations, Real Damages: Chicago Restaurants Left Holding The Bill After Opentable Employee Sabotages Its Competitor

by SmithAmundsen LLC on

On March 5th, Eater published a detailed account of how a former OpenTable employee made hundreds of fake reservations at restaurants that used Reserve, an online reservation company (and a competitor of OpenTable). His...more

M&A Corporate Buyer Beware: More Antitrust Challenges to Closed Deals

by Perkins Coie on

Despite widespread skepticism that antitrust enforcement would be a Trump administration priority, activity has not lessened. In fact, there has been a substantial increase in challenges to mergers and acquisitions that...more

California Jury Punishes Former Employees for Unfair Play-Only Lawful Competition is Sacrosanct!

by Fisher Phillips on

Notwithstanding California's strong public policy in favor of lawful competitive behavior, California employees' duty of loyalty to their current employer reigns supreme. A violation of that duty can lead to costly jury...more

Sharing Competitively Sensitive Information Can Pose Antitrust Risks

by Epstein Becker & Green on

The sharing of confidential and proprietary information among competitors and potential competitors (even during due diligence) can raise serious antitrust concerns. In particular, parties must avoid exchanging information...more

Australian and New Zealand Competition and Consumer Law Update

by Jones Day on

Message from the Editors - The holiday and new year period was not a quiet one in Australian competition law. Many of the recommendations from an extensive assessment of the Australian competition law were implemented. In...more

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Winter 2018

by Hogan Lovells on

Read the latest news on antitrust, competition and economic regulation (ACER) in this Winter's edition of our quarterly ACER newsletter. Please see full Publication below for more information. ...more

European Commission Decision Published on the Merger of OOCL and COSCO Shipping

by Reed Smith on

The European Commission (the Commission) has [today] published its decision in relation to the acquisition of Orient Overseas (International) Limited (including its subsidiary Orient Overseas Container Line (OOCL)) by COSCO...more

Competition Bureau Resolves Two Drip Pricing Cases

The Canadian Competition Bureau (Bureau) has recently reached settlements with Leon’s Furniture Limited (Leon’s) and The Brick Ltd. (The Brick) and Enterprise Rent-A-Car Canada Company (Enterprise), addressing marketing...more

2017 Statute of Limitations Roundup: Courts Disagree About Applicability of “Continuing Violation” Doctrine in Antitrust Actions

2017 saw three notable decisions concerning the applicability of the “continuing violation” doctrine in antitrust cases. We discuss below three cases that have taken different approaches in their treatment of this...more

District Court Rejects Efforts To Invalidate Design Patents on Automobile Parts

by Foley & Lardner LLP on

In a case affecting aftermarket automotive suppliers, on February 20, 2018, the U.S. District Court for the Eastern District of Michigan issued a decision declining to invalidate or render unenforceable two of Ford’s design...more

Recent Conference Highlights Cyber Risks and How to Protect Against the Same

On February 13-14, 2018, Advisen held a conference focused on exploring cyber risks and how companies can best move to address potential exposures. Below are key takeaways and trends discussed by the panelists....more

Chilling: ICA Fines Unilever/Algida €60 Million for Ice Cream Rebate Schemes

by Jones Day on

The Background: The Italian Competition Authority has imposed a €60 million fine on Unilever's Italian subsidiary Algida, which sells impulse ice creams, for having implemented a complex system of exclusivity clauses and...more

New FTC Complaint Merits Attention of Group Purchasing Organization Suppliers and Participants

by Perkins Coie on

The Federal Trade Commission announced on February 12, 2018, that it has filed an administrative complaint seeking injunctive relief against three large dental supply companies, alleging that they violated the antitrust laws...more

Canadian Competition Policy Focuses in on “Big Data”

The application of competition law and policy to “big data” has become a major focus for government agencies in Canada and around the world. In recent weeks, both the Competition Bureau and the Bank of Canada have weighed in....more

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