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Competition Safe Harbors

Foley & Lardner LLP

BIOSECURE Act: Anticipated Movement, Key Provisions, and Likely Impact

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Last night, the House of Representatives passed the BIOSECURE Act (BIOSECURE or the Act) by a bipartisan vote of 306 to 81.  The BIOSECURE Act prohibits federal agencies from procuring or obtaining any biotechnology...more

Womble Bond Dickinson

DOJ Announces New Task Force on Health Care Monopolies and Collusion

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On May 9, 2024, the Antitrust Division of the Department of Justice (DOJ) announced a new Task Force on Health Care Monopolies and Collusions (HCMC). Comprised of civil and criminal prosecutors, economists, healthcare...more

WilmerHale

2024 M&A Report

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While the 2022 M&A market was buoyed by deal carryover from 2021 and more conducive market conditions in the first half of the year, the 2023 M&A market felt the impact of the Federal Reserve’s most aggressive interest rate...more

Goodwin

US Antitrust Regulators Continue to Crack Down on Interlocking Directorates, and the FTC Expands Scope of Clayton Act to...

Goodwin on

On August 16, 2023, the Federal Trade Commission (FTC) announced an agreement with natural gas producer EQT Corporation (EQT) and private equity firm Quantum Energy Partners (Quantum) to resolve concerns stemming from alleged...more

WilmerHale

EC Issues Revised Guidelines on Agreements Between Competitors: 10 Key Takeaways

WilmerHale on

On June 1, 2023, the European Commission (EC) adopted revised Horizontal Guidelines (HGs) and two updated block exemption regulations (BERs) on research and development (R&D) and “specialisation” agreements. These materials...more

Morrison & Foerster LLP

Sustainability and Antitrust – Do the EU Commission’s New Horizontal Guidelines Bring Fresh Momentum to the Debate and Provide...

On June 1, 2023, the EU Commission (EC) adopted its New Horizontal Guidelines on the applicability of the EU’s prohibition of anticompetitive agreements (Art. 101 Treaty on the Functioning of the European Union (TFEU)),...more

Dechert LLP

New EU Guidelines: Agreements Among Competitors

Dechert LLP on

The European Commission has published new guidance and related regulations concerning cooperation among competitors, under Article 101 of the Treaty on the Functioning of the European Union (TFEU). These replace instruments...more

Foley & Lardner LLP

DOJ Withdraws Policy Statements That Defined Limited Safe Harbor for Information Sharing Among Competitors

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On February 3, 2023, the U.S. Department of Justice’s Antitrust Division (DOJ) announced that it is withdrawing three policy statements the DOJ and Federal Trade Commission (FTC) issued between 1993 and 2011, related to...more

Pillsbury Winthrop Shaw Pittman LLP

China Issues First Amendment to Its Anti-Monopoly Law

China’s first amendment to its Anti-Monopoly Law will impact merger filings and anti-monopoly enforcements. The amended law grants the enforcement authority the power to suspend the review of merger control cases....more

Dechert LLP

Vertical restraints: the European Commission revisits its approach to information exchange in situations of dual distribution

Dechert LLP on

On 10 May 2022, the European Commission (the “Commission”) adopted the final version of the new Vertical Block Exemption Regulation (“VBER”), which will enter into force on 1 June 2022. The new VBER, which replaces Regulation...more

Latham & Watkins LLP

Vertical Block Exemption Regulation and Guidelines

Latham & Watkins LLP on

On 10 May 2022, the European Commission (EC) adopted the new Vertical Block Exemption Regulation (VBER), accompanied by the new Guidelines on Vertical Restraints (Vertical Guidelines). The new rules are the result of a...more

WilmerHale

European Commission adopts new Vertical Block Exemption Regulation

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On May 10, 2022, the European Commission adopted the final text of the new Vertical Block Exemption Regulation (VBER) accompanied by the new Guidelines on Vertical Restraints (the VGL), which provide detail on interpretation...more

Jones Day

Updated EU Antitrust Rules on Vertical Supply Chain Agreements Take Effect June 1

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Following an extended review, the European Commission ("Commission") has adopted revised competition law exemptions and guidance applicable to agreements in the vertical supply chain. EU antitrust law prohibits certain...more

BCLP

European Commission adopts new Vertical Block Exemption Regulation and Vertical Guidelines

BCLP on

On May 10 2022, the EU Commission adopted the new Vertical Block Exemption Regulation and Vertical Guidelines. The regulation includes several significant new developments including readjusting the safe harbour and providing...more

Jones Day

European Commission Issues Draft Antitrust Rules on Vertical Supply Chain Agreements

Jones Day on

The Background: The European Commission ("Commission") recently unveiled long-awaited draft revisions to its Vertical Block Exemption Regulation ("VBER") and Vertical Guidelines. The VBER includes safe harbors that exempt...more

Hogan Lovells

Shaping Europe’s Digital Future – EU publishes its draft Digital Services Act

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Awaited with bated breath by stakeholders in the online industry and by IP right holders alike, the EU Commission published its official draft for the Digital Services Act (DSA). The DSA is conceived as one of the central...more

Vinson & Elkins LLP

DOJ And FTC Finalize New Vertical Merger Guidelines

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On June 30, 2020, the Department of Justice and the Federal Trade Commission released new Vertical Merger Guidelines (“Guidelines”), which explain how the agencies assess mergers and acquisitions of companies at different...more

Perkins Coie

US DOJ and FTC Propose Vertical Merger Guidelines

Perkins Coie on

The U.S. Department of Justice and U.S. Federal Trade Commission published proposed vertical merger guidelines (vertical guidelines) on January 10, 2020. These are designed to increase the transparency of the agencies'...more

Holland & Knight LLP

There’s a Safe Way to Conduct Employee Compensation Surveys

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With the Justice Department now publicly cracking down on arrangements between employers such as so-called "no-poaching" agreements, what's an employer to do to make sure its compensation for employees with highly portable...more

Patterson Belknap Webb & Tyler LLP

Better Early than Never: SDNY Dismisses Lawsuit over Patent Settlement where Generics were Granted Early-Entry Licenses with...

On September 22, Judge Ronnie Abrams of the Southern District of New York dismissed an antitrust lawsuit against Takeda Pharmaceuticals and three generic drug manufacturers based on settlements they had reached regarding a...more

Mintz

European Union Antitrust Law and License Agreements: Proposed changes to the Technology Transfer Block Exemption Regulation...

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SaChanges afoot - European antitrust law (often referred to as competition law) has tried for several decades to balance patent rights (which, until EU-wide patent rights are implemented, remain inherently...more

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