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Documents on Antitrust & Trade Regulation
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|BC Greenhouse Gas Industrial Reporting and Control Act Passes Second Reading|
Wally Braul, Thomas W. McInerney, Gray E. Taylor; Bennett Jones LLP;
November 17, 2014, previously published on November 03, 2014On October 20, 2014, the Greenhouse Gas Industrial Reporting and Control Act (Bill 2) (hereinafter the Bill) was introduced, and on October 29, 2014, the Bill passed second reading in the British Columbia Legislative Assembly. The Bill, if enacted, would repeal the Greenhouse Gas Reduction (Cap and...
|&lduo;EU Council of Ministers Adopts Directive on Rules Governing Private Antitrust Damage Actions&rduo;|
Simon Baxter, Frederic Depoortere, Ingrid E. Vandenborre, James S. Venit; Skadden, Arps, Slate, Meagher & Flom LLP;
November 17, 2014, previously published on November 10, 2014On 10 November 2014, the Council of Ministers of the European Union adopted the long-awaited directive on rules governing private antitrust damage actions (Damages Directive or Directive). Although the text still needs to be signed by the European Parliament before it can enter into force, the text...
|Striking the Balance: The Views of International Competition Agencies on the Extraterritorial Application of US Antitrust Law|
Robert E. Bloch, Kelly B. Kramer, Stephen M. Medlock; Mayer Brown LLP;
November 14, 2014, previously published on October 28, 2014Foreign competition authorities have long been concerned about the application of US antitrust law—in particular civil claims for treble damages—to conduct occurring outside the United States. Over the years, courts and Congress have adopted different tests for determining when US...
|Hong Kong Competition Commission releases draft guidelines under Competition Ordinance|
Sébastien J. Evrard, Phillip Georgiou; Jones Day;
November 12, 2014, previously published on October 2014The Hong Kong Competition Commission (“Commission”) has released draft guidelines for the enforcement of the Competition Ordinance. The Commission intends to finalize them by the first half of 2015, after which the Ordinance will come into force.
|Antitrust Alert: U.S. Federal Court Provides Guidance on Treating Joint Ventures as a "Single Entity" for Antitrust Purposes|
Thomas Demitrack, Kathryn M. Fenton, Peter A. Julian, Toby G. Singer; Jones Day;
November 12, 2014, previously published on October 2014The United States District Court for the Southern District of Ohio has unsealed its summary judgment opinion in The Medical Center at Elizabeth Place v. Premier Health Partners. The Court granted summary judgment in favor of the defendants-four hospital systems that operated pursuant to a joint...
|Antitrust Alert: German Federal Court of Justice Clarifies Limits of No-Poaching Agreements under German Commercial Law|
Johannes G. Zöttl; Jones Day;
November 12, 2014, previously published on October 2014In a decision dated 30 April 2014, but published only recently, the German Federal Court of Justice ("FCJ") struck down an agreement between two companies not to "poach" each others’ employees as violating the German Commercial Code (Handelsgesetzbuch, "HGB")....
|CADE Issues New Regulation on Merger Control|
Eduardo Molan Gaban; Mayer Brown LLP;
November 12, 2014, previously published on October 17, 2014The Administrative Council for Economic Defense (“CADE”) has enacted two new Resolutions, which were published on October 7th, 2014, in the Federal Official Gazette. They are minor, yet significant, changes to CADE’s Internal Regulations as well as to Resolution No. 02/2012. The...
|Public Justice and AAJ Contest Dismissal of Big-Pharma Fraud Case|
Jordan Elias; Lieff, Cabraser, Heimann & Bernstein, LLP;
November 10, 2014, previously published on October 21, 2014Public Justice (represented by Lieff Cabraser) and the American Association for Justice today filed an amicus brief in the U.S. Court of Appeals for the Second Circuit urging the reinstatement of civil RICO claims that Sanofi-Aventis profited from a scheme to market and sell its antibiotic Ketek by...
|UK Competition Appeal Tribunal Overturns Online Hotel Booking Decision|
Jane Elphick, Becket McGrath; Edwards Wildman Palmer LLP;
November 8, 2014, previously published on October 23, 2014In its 26 September judgment in Skyscanner Ltd v. Competition and Markets Authority, the UK Competition Appeal Tribunal (CAT) for the first time overturned a commitments decision of the Office of Fair Trading (OFT - since 1 April, the Competition and Markets Authority or CMA). The decision under...
|FDA to Hold Webinar on Cybersecurity in Medical Devices Guidance|
Mark A. McAndrew; Taft Stettinius & Hollister LLP;
November 5, 2014, previously published on October 28, 2014On Oct. 29, 2014, the United States Food and Drug Administration (FDA) will hold a webinar on its Final Guidance “Content of Premarket Submissions for Management of Cybersecurity in Medical Devices.” According to the FDA, the webinar seeks to explain the guidance and provide a forum for...