ArticleSpirited Antitrust EnforcementA series of cases brought days apart in the final weeks of 2008 signal active antitrust enforcement, even as M&A activity slows. United StatesAntitrust/Competition LawProskauer Rose LLP
ArticleUS-China Trade And Investment: 2014 JCCT Yields Significant Market Access Commitments By ChinaThe 25th US-China Joint Commission on Commerce and Trade (JCCT)—an annual, high-level economic summit—took place December 16-17, 2014 in Chicago, with US and joint China-US "Fact Sheets" released afterwards listing China's commitments.United StatesInternational LawWilmerHale
ArticleCompetition Compliance – What are the Obligations on Businesses and Directors?On 19 October, the UK Office of Fair Trading ("OFT") published for consultation two draft guidance documents intended to help businesses and company directors comply with competition law. Both documents provide a useful steer to businesses and their senior management grappling with this important issue.United StatesAntitrust/Competition LawMayer Brown
ArticleFTC's Renewed Focus On Hospital Merger Enforcement Reflected In Appointment Of Its First Deputy Director For Health Care And AntitrustThis note briefly analyzes the scholarly work of Leemore Dafny, who recently has been appointed as the FTC's first Deputy Director for Health Care and Antitrust.United StatesAntitrust/Competition LawProskauer Rose LLP
ArticleHart-Scott-Rodino Thresholds Decrease For 2010The Federal Trade Commission (the "FTC") has announced revisions to the Hart-Scott-Rodino Antitrust Improvements Act ("HSR Act") thresholds, which will become effective sometime in February 2010 (30 days after they are published in the Federal Register, which we expect will happen shortly). United StatesAntitrust/Competition LawBracewell LLP
ArticleMore Aggressive Enforcement Policy Announced By New Antitrust Chief Ignores Recent Supreme Court Decisions Regarding Section 2, ´Trinko´ And ´Linkline´Less than a month after becoming the new Department of Justice ("DOJ") Antitrust Chief, Christine Varney has taken a giant step toward fulfilling her goal of "vigorously enforc[ing] the law" by announcing that the DOJ is withdrawing its Section 2 report. United StatesAntitrust/Competition LawReed Smith
ArticleStriking the Balance: The Views of International Competition Agencies on the Extraterritorial Application of US Antitrust LawForeign competition authorities have long been concerned about the application of US antitrust law—in particular civil claims for treble damages—to conduct occurring outside the United States. United StatesAntitrust/Competition LawMayer Brown
ArticleDoing Deals With Competitors: Beware Of Taking Minority Equity Stakes Or Board SeatsOn July 14, 2016, the Department of Justice reached a settlement with parties to an asset acquisition that the DOJ said would create an unlawfulUnited StatesCorporate/Commercial LawArnold & Porter
ArticleFederal Trade Commission Announces Adjusted HSR Thresholds for 2017On January 19, 2017, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) ("HSR"). United StatesCorporate/Commercial LawReed Smith
ArticleRebates: What Can Companies Learn from the Intel Decision?As has already been widely reported, on 13 May 2009 the European Commission (the "Commission") announced that it had fined Intel Corporation €1.06 billion ($1.441 billion) for violating EC Treaty antitrust rules (Article 82 EC Treaty) on abuse of a dominant market position by engaging in illegal anticompetitive practices to exclude competitors from the market for Central Processing Unit computer chips (CPUs).European UnionAntitrust/Competition LawMayer Brown
ArticleFTC Investigations Of Pharma And Medical Device Transactions – Am I At Risk?So, what evidence does the FTC staff look at to determine whether a transaction warrants a "second request"? United StatesAntitrust/Competition LawBakerHostetler
ArticleProtecting America’s Borders: Section 337 IP Infringement Investigations at the ITCOftentimes, intellectual property owners find that their IP is being infringed upon by various companies around the world whose identities may or may not be known to the intellectual property owners.United StatesIntellectual PropertyJones Day
ArticleManaged Trade Is Coming; Will Your Sector Benefit From It?The Office of the United States Trade Representative has opened a comment period for businesses to identify non-sensitive products that could benefit from favorable tariff modifications...GlobalInternational LawCassidy Levy Kent LLP
ArticleNegotiating Merger Remedies with the Antitrust Division and Litigating the Proposed FixSince the passage of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, 15 U.S.C. §18(a) ("HSR Act"), the Antitrust Division frequently negotiates with merging parties as to appropriate potential relief that falls short of fully blocking a proposed merger. United StatesAntitrust/Competition LawThelen LLP
ArticleSeven Lesser-Known Antitrust Exemptions And ImmunitiesBeyond well-known antitrust exemptions like state-action immunity and the baseball exemption, Congress has carved out numerous lesser-known immunities for specific industries and activities.United StatesAntitrust/Competition LawBona Law PC
ArticleUS Antitrust Considerations In Oil And Gas Joint Bidding And Area Of Mutual Interest ArrangementsEvery oil and gas exploration and production (E&P) company acquires oil and gas properties either directly from landowners or from other lessees.United StatesAntitrust/Competition LawMayer Brown
ArticleEuropean Commission Launches E-Commerce Sector InquiryThe European Commission has launched a sector inquiry of the e-commerce sector in Europe. This is a far-reaching competition review of the sector by the European Union ("EU") competition authority.European UnionAntitrust/Competition LawJones Day
ArticleIncreased Merger Review Activity by US Department of Justice May Signal Increased Vigilance by Obama AdministrationThe Competition Commission of India (CCI) yesterday published the CCI Regulations (Procedure in regard to the transaction of business relating to combinations), 2011 (‘Combination Regulations’). GlobalAntitrust/Competition LawMayer Brown
ArticleA Bogosian Shortcut Through The Mushroom Patch – The Latest Chapter Of A Fairytale DoctrineThere is no need to presume classwide impact if these factors are met, because the court set forth a mathematical proof of such impact, as in the following example.United StatesAntitrust/Competition LawProskauer Rose LLP
ArticleCommission Launches Sector Inquiries into Banking/Insurance and Energy ServicesThe European Commission recently launched two sector inquiries in order to improve its knowledge of the markets in question and gather facts that may form the basis of later investigations against specific parties. The first sector inquiry will focus on banking and insurance services; the other will focus on gas and electricity provision.United StatesAntitrust/Competition LawMorrison Foerster