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Documents on antitrust trade regulation
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|Regulatory, Reputational and Techno-Legal Considerations Facing Employers and Government in the Smartphone ERA|
Vincent T. Cieslik, Samantha J. Vander Wielen (Née Foss); Capehart & Scatchard, P.A.;
May 26, 2016, previously published on April 27, 2016Over the past few months, a struggle for control over smart phone technology has emerged in federal courts in both New York and California. In the midst of investigations into the San Bernardino mass shooting and in a drug case in New York, a new legal battle has erupted over the lengths the...
|Canadian Government Tables Bail-In Legislation|
Jeffrey S. Graham, Stephen J. Redican, Olivier Tardif; Borden Ladner Gervais LLP;
May 23, 2016, previously published on April 29, 2016On April 20, 2016, the Government of Canada tabled Bill C-15 entitled An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures (hereinafter "Bill C-15").
|Professional Rodeo Cowboys Association Bucks Antitrust Claims by Elite Rodeo Association|
Thomas F. Allen, Thomas R. (Tom) Jackson, J. Bruce McDonald, Thomas D. (Tom) York; Jones Day;
May 19, 2016, previously published on February 2016A Texas federal district court recently rejected an attempt to enjoin preliminarily the Professional Rodeo Cowboys Association from enforcing its bylaws restricting competing activities of its members. Though plaintiffs have since voluntarily dismissed the complaint, the decision on the injunction...
|Australia Court Broadens "Market" Definition in Australia|
Prudence Smith, Nick Taylor; Jones Day;
May 18, 2016, previously published on May 2016Companies doing business with Australia are cautioned that the reach of the Australian competition law has grown considerably in recent years, particularly in relation to price fixing cartels. In a split decision, the Full Federal Court has upheld an appeal brought by the Australian Competition...
|U.S. DOJ Requires HSR Filing by Activist Investors, Rejecting Claim of "Passive Investment"|
James P. Dougherty, Lyle G. Ganske, Michael H. (Mike) Knight, Bevin M.B. Newman, Lizanne Thomas; Jones Day;
May 10, 2016, previously published on April 2016The Department of Justice has filed a lawsuit claiming that two ValueAct Capital funds violated the Hart-Scott-Rodino Act by acquiring over $2.5 billion of voting securities in two oilfield services companies, Halliburton and Baker Hughes, without filing an HSR notification with the federal...
|U.S. DOJ and FTC Promise Pentagon Aggressive Antitrust Enforcement in Defense Mergers|
Kathryn M. (Kathy) Fenton, Peter J. Love, Laura E. Malament, J. Bruce McDonald; Jones Day;
May 10, 2016, previously published on April 2016In September 2015, the Antitrust Division of the U.S. Department of Justice approved Lockheed Martin's $9 billion acquisition of Sikorsky Aircraft, without even issuing a Second Request. Though the Department of Defense supported the combination, DOD immediately issued a warning that it would not...
|Australian Antitrust Enforcer Pursues Alleged Egg Cartel|
Prudence Smith, Nick Taylor; Jones Day;
May 10, 2016, previously published on April 2016The Australian Competition and Consumer Commission (the ACCC) has announced it will appeal the Federal Court's decision dismissing the ACCC's proceedings against the Australian Egg Corporation Limited (AECL), a trade association for egg producers, and four other corporate and individual respondents.
|Court Denies Class Cert. in NCAA Antitrust Suit|
Farrah Short, Bruce D. Sokler; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
April 28, 2016, previously published on April 4, 2016The NCAA scored a victory last week with the denial of class certification in an antitrust suit challenging the association’s former ban on multiyear scholarships (the “One Year Rule”) and its cap on scholarships (the “GIA Cap”). Plaintiff had alleged that those rules...
|How to Survive Dawn Raids and Search Warrants in Antitrust/Competition Investigations|
Alan Davis, Eric P. Enson, Carsten T. Gromotke, Paula W. Render, Nicolas Taylor; Jones Day;
April 27, 2016, previously published on March 2016Around the globe and across jurisdictions, antitrust authorities continue to aggressively seek evidence of competition law infractions, often during raids on business premises or at the private residences of company executives. While it is important to comply with a lawful search, it is also...
|E-Commerce Sector Inquiry Finds Widespread Geo-Blocking in the EU|
Bernard E. Amory, Charlotte Breuvart, Yvan N. Desmedt, Tristan J. Verminck; Jones Day;
April 26, 2016, previously published on April 2016In its ongoing sector inquiry into e-commerce in the European Union, the European Commission has published its initial findings on geo-blocking. Launched in May 2015 by the European Commissioner in charge of competition, Margrethe Vestager, this inquiry forms part of the Commission-wide Digital...