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Adobe PDFThe European Commission Consults on Draft Guidance for the Antitrust Assessment of Multilateral Interbank Fees ("MIF") Within the Single Euro Payments Area (SEPA)

November 6, 2009, previously published on November 5, 2009
On 3 November 2009, the European Commission ("Commission") invited comments on a draft guidance to participants in the SEPA Direct Debit ("SDD") scheme for the assessment of MIFs under EC competition rules on anti-competitive agreements.

 

HTMLNew German Government's Roadmap Could Change Antitrust Rules for Large Firms in Germany
Carsten T. Gromotke, Thomas Jestaedt, Johannes Zöttl; Jones Day;
November 5, 2009, previously published on October 2009
On 24 October 2009, the new German government published its roadmap for the next four years. As part of its plans, the government has announced its intention to introduce a power to break up companies ("Entflechtung") into German antitrust law. It is an understatement to say this has...

 

HTMLChina Mobile Settles Anti-Monopoly Law Case
Hannah C. L. Ha, John M. Hickin, Gerry P. O'Brien; JSM Mayer Brown JSM;
November 5, 2009, previously published on October 28, 2009
On 23 October 2009 the Beijing Dongcheng District People's Court announced the settlement of an Anti-Monopoly Law (AML) case brought by an activist lawyer in Beijing against China's largest mobile network operator, China Mobile.

 

HTMLFERC Denies Rehearing on New York Transmission Cost Allocation Rules
Troutman Sanders LLP;
November 3, 2009, previously published on October 26, 2009
On October 15, 2009, the Federal Energy Regulatory Commission ("FERC" or the "Commission") denied New York Regional Interconnect, Inc.'s ("NYRI") request for rehearing of FERC's Order on Rehearing, which affirmed its acceptance of the New York Independent System...

 

HTMLHouse Judiciary Committee Votes to Repeal Insurers' Antitrust Immunity
Thane D. Scott; Bingham McCutchen LLP;
October 30, 2009, previously published on October 27, 2009
For over 60 years the McCarran-Ferguson Act has provided broad antitrust immunity to the insurance industry. This has permitted insurers of all types to engage in a broad range of collaborative activity that might otherwise be forbidden under the antitrust laws. Scattered efforts to limit or repeal...

 

Adobe PDFEU and UK Antitrust/Competition Group London
Mayer Brown LLP;
November 2, 2009, previously published on October 27, 2009
The European Commission has cleared under the EU Merger Regulation two separate proposed acquisitions by PepsiCo, Inc. of two of its bottlers, PepsiAmericas (PAS) and The Pepsi Bottling Group (PBG), all of the US. After examining the operation, the Commission concluded that the transaction would...

 

HTMLA Window into Washington: Report on Hearings for S. 1681 and H.R. 3596, Proposed Legislation to End Health Insurers' Antitrust Exemption
Jennifer Driscoll-Chippendale, Donald Klawiter, Malika Levarlet; Sheppard, Mullin, Richter & Hampton LLP;
October 30, 2009, previously published on October 23, 2009
On October 8 and 14, 2009, the House Judiciary Committee's Courts and Competition Policy Subcommittee and the Senate Judiciary Committee, respectively, conducted hearings on proposed legislation eliminating the health insurance industry's exemption from the federal antirust laws under the...

 

HTMLSecond Circuit Allows Direct Purchasers to Sue Pharmaceutical Companies for Antitrust Claims Based on a Prior Finding of Inequitable Conduct before the PTO
Mark Popofsky; Ropes & Gray LLP;
October 28, 2009, previously published on October 20, 2009
The Second Circuit's recent opinion In re DDAVP Antitrust Litigation marks the first federal appeals court decision to grant standing to a customer, rather than a competitor, to bring monopolization claims based on enforcement of a patent allegedly procured by fraud on the U.S. Patent and Trademark...

 

HTMLSenate Judiciary Committee Votes to Bar Pay-for-Delay
Hill B. Wellford, Matthew L. Fedowitz; Bingham McCutchen LLP;
October 28, 2009, previously published on October 21, 2009
On October 15, 2009, the Senate Judiciary Committee voted to approve the Preserve Access to Affordable Generic Drugs Act (S.369). The proposed Act is meant to put a stop to pay-for-delay and reverse cash payments that were found to be legal in the Schering Plough Corp. v. Federal Trade Commission...

 

HTMLDOJ Weighs In On Possible Repeal of Antitrust Exemption for Insurance Industry
Josh Pollack; King & Spalding LLP;
October 28, 2009, previously published on October 19, 2009
On Wednesday, October 14, 2009, Assistant Attorney General Christine Varney, who leads the Antitrust Division of the Department of Justice, testified before the Senate Judiciary Committee at a hearing entitled "Prohibiting Price Fixing and Other Anticompetitive Conduct in the Health Insurance...

 


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