Morgan Lewis on Competition
July 2005

In this Issue:

• Antitrust Modernization Commission Gets to Work:
  The Antitrust Modernization Commission (AMC), consisting of 12 Commissioners appointed equally by the President, the House of Representatives and the Senate, was formed "to examine whether the need exists to modernize the antitrust laws and to identify and study related issues." The AMC has set its agenda, developed work plans and otherwise prepared for the work ahead, and is planning to produce a report to the President and Congress outlining the Commissioners' recommendations for improving the operation of U.S. antitrust laws. The AMC expects to submit its report in April 2007.
• Germany's FCO Imposes Fines Totaling €130 Million on German Insurers:
  On March 23, 2005, Germany's antitrust watchdog, the Federal Cartel Office (Bundeskartellamt or FCO) imposed fines totaling €130 million on ten insurance companies (including Europe's biggest insurer, Allianz, and nine of Germany's largest insurance companies such as AXA, Gerling, HDI and Gothaer) and on board members of those companies. The FCO is still investigating eight other insurance companies and additional decisions on fines are expected in the summer of 2005.
• Kovacic a Potential Nominee to FTC:
  Recent news articles have mentioned William Kovacic, a professor at George Washington University Law School and general counsel to the Federal Trade Commission from 2001 to 2004, as a potential nominee to the Commission to replace Commissioner Orson Swindle, whose term has expired.
• The FTC's Annual Report: A Continued Focus on Merger Review:
  Earlier this year, Federal Trade Commission Chairman Deborah Platt Majoras issued the agency's annual report, entitled "The FTC in 2005: Standing up for Consumers and Competition." The report discusses the agency's accomplishments over the past year and makes clear that the agency will continue to focus its efforts on merger review.
• FTC Closes Arch Coal Investigation:
  On June 13, the Federal Trade Commission announced its decision to close its investigation into Arch Coal, Inc.'s (Arch's) acquisition of the Triton Coal Company's (Triton's) North Rochelle coal mine, saying that it will not continue with administrative litigation challenging the deal.
• Articles & Speaking Engagements
• Supreme Court ot Consider Presumption of Market Power in Cases Involving Intellectual Property Rights:
  The Supreme Court recently agreed to review the Federal Circuit's decision in Independent Ink, Inc. v. Illinois Tool Works, Inc., which held that market power may be presumed in tying cases where the tying product is patented.

For the full story, please view the PDF.