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HTMLEU Court Considers Antitrust Liability for Failing to React to Third Party Actions
Alan Davis, Yvan N. Desmedt, Matt Evans, Alexandre G. Verheyden; Jones Day;
Legal Alert/Article
July 31, 2015, previously published on July 2015
An 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...

 

HTMLDutch Court of Appeal Allows the Use of Wiretaps by Competition Authority
Teresa Charatjan, Hans Urlus; Greenberg Traurig, LLP;
Legal Alert/Article
July 31, 2015, previously published on July 22, 2015
On 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...

 

HTMLUK's Competition Authority Sends Message, Clarifies Criteria for Ruling on Pharma Discounts
Alan Davis, Matt Evans, Francesco Liberatore; Jones Day;
Legal Alert/Article
July 31, 2015, previously published on July 2015
The UK's Competition and Markets Authority ("CMA") has closed an investigation under competition rules into certain discounts and rebates in the pharmaceutical sector.[1] Rather than taking enforcement action or concluding that the pricing practice does not infringe UK/EU competition law,...

 

HTMLCFTC Division of Market Oversight Holds Roundtable to Assess the Made Available to Trade Process
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
July 31, 2015, previously published on July 20, 2015
On 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...

 

HTMLCourt 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;
Legal Alert/Article
July 28, 2015, previously published on July 2015
The 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,...

 

HTMLPresident Obama Signs Trade Measures
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 28, 2015, previously published on July 17, 2015
It 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...

 

HTMLCompetition Concerns Identified in UK Energy Market Investigation
Alan Davis, Matt Evans; Jones Day;
Legal Alert/Article
July 28, 2015, previously published on July 2015
The 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...

 

HTMLOfcom Consults on Proposed Shake-Up of UK Telecoms Market
Francesco Liberatore, Bruce A. Olcott; Jones Day;
Legal Alert/Article
July 28, 2015, previously published on July 2015
Ofcom, 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...

 

Adobe PDFCalifornia 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;
Legal Alert/Article
July 24, 2015, previously published on June 2015
On 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...

 

HTMLEurope'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;
Legal Alert/Article
July 24, 2015, previously published on July 2015
In 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,...

 


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