Lessons Learned: A Government Litigation Case Study
The Latest from the DOJ Antitrust Division
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At this mid-point of 2023, and now several months on from the ABA’s Spring Antitrust conference, there have been several notable developments concerning cartel enforcement, as new leadership settles in at the U.S. Department...more
There has been significant and growing debate in recent times about the adequacy of Canadian competition laws. A package of amendments was passed in June 2022, and it is widely anticipated that the Canadian government will in...more
One of the recent amendments to the Competition Act has the potential to seriously chill price competition by leading Canadian businesses....more
The Government of Canada has now passed significant amendments to the Competition Act via its Budget Implementation Act, 2022, No. 1 (the “BIA”), which received Royal Assent on June 23, 2022. The inclusion of these changes in...more
The Competition Tribunal has released extensive reasons for dismissing the abuse of dominance claim brought by Canada's Commissioner of Competition against the Vancouver Airport Authority. For future investigations and...more
The Kingdom of Saudi Arabia's new competition regime has gone into effect with potentially significant implications for businesses which are active in the Kingdom and those considering transactions with a Saudi component. The...more
Earlier this year, the Competition Bureau released its updated Intellectual Property Enforcement Guidelines. The Guidelines explain how the Bureau approaches the interface between competition policy and intellectual property...more
The Attorney General of the State of Washington (the State) scored another victory last week in its federal antitrust challenge to Franciscan Health System’s (Franciscan) affiliations with two competing physician practices,...more
In 2009, the Indian government implemented provisions under the Competition Act of 2002 for prohibition of anti-competitive agreements and abuse of dominant positions in India. More recently, antitrust litigation has...more
Recent years have seen a significant increase in the number of private competition claims in the European Union. The Claimants' guide to Antitrust/Competition Litigation in the European Union provides an overview of the...more
On 11 October 2016, the Cabinet approved the draft Trade Competition Act B.E. ... (the New Act). As we reported in our e-Bulletin titled Ground-breaking Antitrust Reform in Thailand, published 30 May 2016, the New Act...more
On 8 November 2016, the “Autorité de la concurrence” (French competition authority) provided a stark warning about the dangers of early implementation of a transaction prior to merger control clearance. This is one type of...more
EU and national leniency applications independent rules ECJ - On the 20 January 2016, the European Court of Justice (ECJ) handed down its ruling on a preliminary reference made by the Italian Council of State on the...more
McDermott has published an EU Competition Annual Review for 2015. This 87 page booklet will help General Counsel and their teams focus on the most essential EU competition updates for 2015. Beyond being used to understand...more
Smartphone chip manufacturer accused of an abuse of dominance - On the 8th December 2015, Qualcomm, the world’s largest supplier of smartphone chipsets, was publicly accused by the European Commission of abusing its...more
2012 was a busy year for Canadian competition litigation, as numerous cases were heard or decided. The Supreme Court of Canada heard three class proceedings cases involving the Competition Act and the Competition Tribunal had...more