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HTMLAggressive U.S. FTC Enforcement of Invitation to Collude Cases in Full Swing after Guidance on Section 5 of the FTC Act
Kathryn M. Fenton, Laura E. Malament, Geoffrey D. Oliver; Jones Day;
Legal Alert/Article
January 5, 2016, previously published on December 2015
Keep your friends close, but keep your competitors at a safe distance. Invitations to a competitor to collude - even if no agreement is formed - may generate an RSVP from the Federal Trade Commission to come visit their offices, often courtesy of the solicited competitor who snitched to the FTC....

 

HTMLAntitrust Immunity for State Agencies Continues to Narrow
Benjamin H. Cheng, Kenneth W. Field, Alexis Slagle Gilroy, Michael A. Gleason; Jones Day;
Legal Alert/Article
January 5, 2016, previously published on December 2015
In another court decision narrowing state action immunity, a federal district court in Texas has denied the Texas Medical Board's ("TMB") motion to dismiss an antitrust challenge to its new rules on telemedicine providers. Among other things, the TMB argued that it is immune from...

 

HTMLUK Telecoms Regulator Adopts New Penalty Guidelines
Francesco Liberatore; Jones Day;
Legal Alert/Article
January 5, 2016, previously published on December 2015
Ofcom, the UK telecoms regulator has adopted new guidelines setting out how it proposes to determine penalties that it may impose for violations of sector specific regulation, including the Communications Act.

 

HTMLMexico Announces First Deepwater Oil and Gas Auction
Salvador Gallo, Francisco Pams, William P.M. Schwind, Alberto de la Parra Z.; Jones Day;
Legal Alert/Article
January 5, 2016, previously published on December 2015
On December 17, 2015, Mexico's National Hydrocarbons Commission (Comisión Nacional de Hidrocarburos-CNH) published the bid guidelines for the much-anticipated first auction of deepwater blocks. The fourth auction to take place under Mexico's Round One, CNH-R01-L04/2015 will consist of 10...

 

HTMLFifth Circuit Upholds Verdict Against Steel Manufacturer in Steel Distributors' Per Se Illegal Group Boycott
Joseph M. Cardosi, Joshua L. Fuchs, Thomas R. Jackson, J. Bruce McDonald; Jones Day;
Legal Alert/Article
January 4, 2016, previously published on December 2015
The Fifth Circuit Court of Appeals upheld a $156 million jury verdict against a U.S. Gulf Coast steel manufacturer accused of conspiring with distributors to "boycott" a new distributor by denying it access to steel. Even though the steel manufacturer was responding to pressure from...

 

HTMLFDA Issues Three Major FSMA Final Rules
Edgar J. Asebey, Jonathan Berman, Colleen Heisey, Katherine M. Llewellyn, Cristiana Spontoni; Jones Day;
Legal Alert/Article
January 4, 2016, previously published on December 2015
On November 13, 2015, FDA published three major Food Safety Modernization Act ("FSMA") rules. These final rules require food importers and producers to undertake systemic safety measures designed to prevent outbreaks of foodborne illness.

 

HTMLSingapore High Court Provides Guidance on Stays of Arbitral Proceedings
John Rainbird, Matthew J. Skinner; Jones Day;
Legal Alert/Article
January 4, 2016, previously published on December 2015
A recent decision of the Singapore High Court has clarified the circumstances in which it will order a stay of arbitral proceedings pending a challenge to the tribunal's jurisdiction.

 

HTMLBrazilian Congress Amends Proposed Capital Gains Rate Increases in Medida Provisória N. 692
S. Wade Angus, Marcello Hallake, Sanjiv K. Kapur, Luiz Felipe Noronha, Luis Riesgo; Jones Day;
Legal Alert/Article
December 30, 2015, previously published on December 2015
On September 22, 2015, the Brazilian federal government proposed a new rule—Medida Provisória n. 692/2015 ("MP 692")—increasing the income tax rates applicable to capital gains realized by certain taxpayers from a transfer or sale of assets or rights in Brazil. Medidas...

 

HTMLA New Dawn for European Patents
Emmanuel Baud, Gerd Jaekel, Alastair J. McCulloch, Christian Paul; Jones Day;
Legal Alert/Article
December 30, 2015, previously published on December 2015
The creation of a new European Unified Patent Court ("UPC") and a new patent with unitary effect ("Unitary Patent"), in which almost all member states of the European Union participate,[1] is the most important change in the European patent system since the European Patent...

 

HTMLImportant New Principles Emerge from UK's First-Ever Deferred Prosecution Agreement and US DOJ Declination
Adam R. Brown, Samir Kaushik, Glyn Powell, Sion Richards, Hank Bond Walther; Jones Day;
Legal Alert/Article
December 30, 2015, previously published on December 2015
The UK's first-ever deferred prosecution agreement ("DPA") was concluded on 30 November 2015. This unprecedented resolution on which Jones Day acted and which also saw the first use of section 7 of the UK Bribery Act—failure to prevent bribery by employees or associated...

 


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