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|COMESA Amends Antitrust Rules Requiring Merger Filings in Eastern and Southern Africa|
Javade Chaudhri, Ashley M. Howlett, Francesco Liberatore, Weyinmi E. Popo, Johannes G. Zöttl; Jones Day;
May 26, 2015, previously published on May 2015The COMESA Competition Commission (CCC) has announced new thresholds for determining whether a merger or acquisition transaction must be filed and obtain clearance through the CCC. COMESA is the 19-country Common Market of Eastern and Southern Africa (COMESA), whose largest members are Egypt and...
|Parallel Texts: Tacit Collusion Still Legal|
John J. Elliott, Scott Martin; Greenberg Traurig, LLP;
May 25, 2015, previously published on May 12, 2015Although it cited but a single case, a Seventh Circuit panel exhaustively addressed the crucial antitrust standard for examining parallel conduct in its April 9, 2015 affirmance of a defense summary judgment in In re: Text Messaging Antitrust Litigation.1 Judge Richard Posner authored the unanimous...
|Public Contracts and Bill 26: Recovery of Amounts Improperly Paid and Changes to the AMF Authorization Regime|
Pierre-Jérôme Bouchard, Pascale De Meyer, Clemens Mayr, Emmanuelle Poupart, Dominic Thérien; McCarthy Tetrault LLP;
May 21, 2015, previously published on April 28, 2015Bill 26, entitled An Act to ensure mainly the recovery of amounts improperly paid as a result of fraud or fraudulent tactics in connection with public contracts (the “Act”) was passed on March 24, 2015 and some provisions came into force on April 1, 2015.
|Listing, Prospectus, Disclosure and Transparency Rules: Miscellaneous Changes|
Richard Barham, Candice Chapman, Rebecca Gordon; Dentons Canada LLP;
May 19, 2015, previously published on April 20, 2015The Financial Conduct Authority has implemented several relatively small changes to the Listing, Prospectus and Disclosure and Transparency Rules. These largely clarify existing rules and update and correct guidance.
|Retail Tracking Firm Slammed with FTC Consent Order|
Kenneth R. Florin, Ieuan Jolly, David G. Mallen, James D. Taylor; Loeb & Loeb LLP;
May 19, 2015, previously published on May 2015The Federal Trade Commission last month announced a proposed consent order settling claims against Nomi Technologies, a third-party mobile tracking service that collects data about consumers' in-store shopping behavior. The FTC's case against Nomi is significant, but not for involving a...
|OPDP to Study The Impact of Comparative Pricing Information in DTC and Professional Prescription Ads|
Scott S. Liebman; Loeb & Loeb LLP;
May 15, 2015, previously published on April 2015The agency will investigate how prescription drug product perceptions are impacted by the inclusion of price comparison information and supplementary contextual information in advertising geared at consumers and health care professionals, amid concern that the impression remains that price is the...
|EU Approach to Information Sharing: CJEU ruling in Banana Cartel|
Teresa Charatjan; Greenberg Traurig, LLP;
May 15, 2015, previously published on May 12, 2015Information exchanges between competitors is a highly topical issue under EU competition law. The recent judgment of the Court of Justice of the EU (CJEU), the highest EU court, confirmed its significance when it recently ruled that a bilateral exchange between banana importers of pre-pricing...
|FDA Rejects Otsuka’s Assertions of Orphan Exclusivity for Abilify, Allowing Generics to Proceed|
Scott S. Liebman; Loeb & Loeb LLP;
May 15, 2015, previously published on April 2015The impact of the FDA’s decision is that several companies will be allowed to enter the market with generic aripiprazole, although the generics must carve out the use of the drug for treating pediatric Tourette’s Disorder from their labeling and marketing while the exclusivity period...
|Kodak’s Pricing Policy for Printer Parts and Ink Gets Jammed By the Sixth Circuit|
Irving Scher; Greenberg Traurig, LLP;
May 15, 2015, previously published on May 12, 2015On March 16, 2015, in Collins Inkjet Corp. v. Eastman Kodak Co.,1 the Sixth Circuit became the first court of appeals to adopt a cost-based test for determining when a supplier’s differential pricing policy for joint sales of two products constitutes an “economic” tying claim that...
|FDA Finalizes Three Guidance Documents on Biosimilars|
Edgar J. Asebey, Maureen Bennett, Christian B. Fulda, Colleen Heisey, Christopher M. Mikson; Jones Day;
May 15, 2015, previously published on May 2015FDA recently finalized three draft guidance documents addressing scientific and regulatory issues associated with the development and licensure of biosimilars.