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Documents on antitrust trade regulation
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|EU Court Considers Antitrust Liability for Failing to React to Third Party Actions|
Alan Davis, Yvan N. Desmedt, Matt Evans, Alexandre G. Verheyden; Jones Day;
July 31, 2015, previously published on July 2015An advisor to Europe's highest court, the Court of Justice of the European Union ("CJEU"), is encouraging the CJEU to adopt a strict standard for companies to distance themselves from potentially anticompetitive actions by a third party with which they do business. In a case involving...
|Dutch Court of Appeal Allows the Use of Wiretaps by Competition Authority|
Teresa Charatjan, Hans Urlus; Greenberg Traurig, LLP;
July 31, 2015, previously published on July 22, 2015On July 9 2015, the Dutch Court of Appeal (het College van Beroep voor het bedrijfsleven) overturned two judgments of the Rotterdam District Court. The Dutch Court of Appeal ruled that the Dutch competition authority (Autoriteit Consument en Markt hereafter referred to as ACM) is allowed to use...
|UK's Competition Authority Sends Message, Clarifies Criteria for Ruling on Pharma Discounts|
Alan Davis, Matt Evans, Francesco Liberatore; Jones Day;
July 31, 2015, previously published on July 2015The UK's Competition and Markets Authority ("CMA") has closed an investigation under competition rules into certain discounts and rebates in the pharmaceutical sector. Rather than taking enforcement action or concluding that the pricing practice does not infringe UK/EU competition law,...
|CFTC Division of Market Oversight Holds Roundtable to Assess the Made Available to Trade Process|
Cadwalader Wickersham Taft LLP;
July 31, 2015, previously published on July 20, 2015On Wednesday, July 15, 2015, the Commodity Futures Trading Commission’s (“CFTC”) Division of Market Oversight (“DMO”) hosted a public roundtable to discuss the process to determine whether a swap must be executed on an exchange. The roundtable assessed industry...
|Court Affirms FTC's New HSR Rule on Pharmaceutical Patent License Transfers|
Michael H. Knight, Bevin M.B. Newman, Geoffrey D. Oliver, Michael Sennett, Pamela L. Taylor; Jones Day;
July 28, 2015, previously published on July 2015The D.C. Circuit has rejected a challenge by the Pharmaceutical Research and Manufacturers of America ("PhRMA") to an FTC rule that makes the HSR Act reporting requirements cover pharmaceutical patent licenses that transfer "all commercially significant rights." The rule,...
|President Obama Signs Trade Measures|
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 28, 2015, previously published on July 17, 2015It was not easily accomplished, but on June 29, 2015, President Obama signed into law a series of trade measures, including Trade Promotion Authority (TPA), providing the administration with rules governing the negotiation of international trade agreements. With the passage of TPA or...
|Competition Concerns Identified in UK Energy Market Investigation|
Alan Davis, Matt Evans; Jones Day;
July 28, 2015, previously published on July 2015The UK Competition and Markets Authority ("CMA") published a report on 7 July 2015 setting out its provisional findings in a market investigation of the energy sector, in particular for gas and electricity at both wholesale and retail levels in the UK. Market investigations involve...
|Ofcom Consults on Proposed Shake-Up of UK Telecoms Market|
Francesco Liberatore, Bruce A. Olcott; Jones Day;
July 28, 2015, previously published on July 2015Ofcom, the UK's communications regulator, has published a discussion document on its Strategic Review of Digital Communications. The document outlines possible changes to the regulatory regime applying to all digital communications services in the UK, including broadband, mobile, landline and...
|California Supreme Court Decision in Cipro Highlights the Lack of Predictability in Antitrust Jurisprudence and Counseling|
Carl J. Schaerf, Benjamin D. Wanger; Schnader Harrison Segal & Lewis LLP;
July 24, 2015, previously published on June 2015On May 7, 2015, the Supreme Court of California issued an opinion in In re Cipro Cases I & II, a case centered on pay-to-delay settlements between drug makers and generic manufacturers. The Court found the existence of an issue of fact as to whether a settlement in which the branded...
|Europe's Highest Court Confirms Far-Reaching Powers to Impose Antitrust Fines|
Bernard E. Amory, Eric Barbier de la Serre, Sébastien J. Evrard, Francesca Marchini-Camia, Alexandre G. Verheyden; Jones Day;
July 24, 2015, previously published on July 2015In an important decision in the LCD panels cartel (InnoLux (Case C-231/14P, 9 July 2015)), the European Court of Justice has endorsed the European Commission's broad-ranging methodology for setting fines for violations of Article 101 TFEU. Under the Commission's methodology, the value of sales,...