News & Analysis as of

Competition

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

The Latest: FTC Challenges Non-HSR Reportable Retail Fuel Station Transaction— Requires Three Localized Divestitures in Alabama

by McDermott Will & Emery on

WHAT HAPPENED - • Alimentation Couche-Tard Inc. (ACT) is a Canadian corporation and is engaged in the retail sale of gasoline and diesel fuel in the United States. Circle K Stores, Inc. (Circle K) is a wholly owned...more

Putting China's Fair Competition Review System Into Action

Shelley Zhang, an Intellectual Property partner in our Beijing office, and David Goldstein, an Antitrust & Competition partner in our San Francisco office, co-authored an article for Law360 that looks at how new rules...more

Regulation Round Up - November 2017

by Proskauer Rose LLP on

3 November - The Financial Conduct Authority (FCA) published an alert setting out key considerations for principals who have appointed representatives or introducer appointed representatives. Among other things, the alert...more

Australian Competition & Consumer Law Update - November 2017

by Jones Day on

The Australian competition law environment has undergone some important changes of late. In this Update, we discuss the Australian Competition and Consumer Commission's ("ACCC") increasing focus on the unfair contracts...more

An EC Communication on SEPs – Not More Not Less

A summary of the European Commission’s Policy Document on standard essential patents (SEPs). After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication “setting...more

The French Competition Authority Wants to Lower Prices of Pharmaceuticals

by Hogan Lovells on

On November 21, 2017, the French Competition Authority (“FCA”) announced the launch of a new sector inquiry relating to the functioning of competition in the pharmaceutical sector....more

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Autumn 2017

by Hogan Lovells on

First come, first served. That’s not the principle behind the clearance of Bitcoin transactions. Equally for other blockchain technology networks, the relevant factor to get a transaction on the next available block is not...more

The French Competition Authority wants to lower prices of pharmaceuticals

by Hogan Lovells on

On November 21, 2017, the French Competition Authority ("FCA") announced the launch of a new sector inquiry relating to the functioning of competition in the pharmaceutical sector....more

Five Reasons for Law Firms to Think About a Merger in 2018

by Hayse LLC on

There is much to do when a law firm closes out its year. Getting bills out, collecting receivables, paying bonuses, and distributing profits are but a few of the things that get the attention of leadership. As long as the...more

French Legal and Regulatory Update – October 2017

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for October 2017. Please see full...more

UK Launches Antitrust Review of the Wholesale Insurance Broker Market

by Jones Day on

The Situation: The UK Financial Conduct Authority has launched a market study into whether competition works well in the insurance broker market. The Impact: The FCA has begun a fact-finding review into the role of...more

FTC Hosts Workshop – “Understanding Competition in Prescription Drug Markets: Entry and Supply Chain Dynamics”

by Mintz Levin on

On Wednesday, November 8, 2017 the Federal Trade Commission (FTC) hosted a workshop seeking to explore the general question of why the cost of prescription drugs has risen greatly in recent history. The Workshop was framed...more

FTC Advisory Opinion Says Hospital’s Proposed Prescription Program for Affiliated Entity Employees is Exempt from Robinson-Patman...

by Foley & Lardner LLP on

On November 7, 2017, the Federal Trade Commission (FTC) released an advisory opinion confirming that a non-profit hospital in New York may sell discounted prescription drugs to the employees of an affiliated medical practice...more

National security reviews 2017: A global perspective — Australia (Updated)

by White & Case LLP on

Australia requires a wide variety of investments by foreign businesses to be reviewed and approved before completion - The decision to approve or deny a foreign investment application is ultimately made by the Treasurer...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

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