Publications of Interest > International Antitrust > Antitrust > Practices : Morgan, Lewis & Bockius

06/23/11 Japanese FTC Streamlines Merger Review Process

LawFlash/Client Alert | Morgan Lewis-TMI LawFlash
Morgan Lewis-TMI

The Japanese Fair Trade Commission (the JFTC) has adopted new rules that should streamline Japan's review process for both domestic and global transactions. The new rules will end the JFTC's practice of holding "preconsultations"... more

03/03/11 China's New National Security Review Process for Foreign Investments: U.S. CFIUS Review Moves East

LawFlash/Client Alert | International Alert
Stephen Mahinka, Sean Duffy, Lucas Chang, Ph.D.

On February 3, China's State Council released the "Notice of the General Office of the State Council on Launching the Security Review System for Mergers and Acquisitions of Domestic Enterprises by Foreign Investors" (Notice),more

06/07/10 European Commission Revises Competition Rules for Motor Vehicle Distribution and Repair

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

On May 27, the European Commission (the Commission) published its new Motor Vehicle Sector Block Exemption Regulation (MVBER) and supplementary Guidelines (the Guidelines). The revision of the rules relating to vertical agreeme... more

05/11/10 Advocate General Denies Legal Privilege for In-House Lawyers

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

On April 29, German Advocate General Juliane Kokott at the Court of Justice of the European Union (Court of Justice) handed down her opinion in Akzo v. European Commission (Case C-550/07 P). The opinion argues that the commun... more

04/27/10 European Commission Releases Long-Awaited Revisions to Vertical Restraints Block Exemption Regulation and Guidelines

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

After a long and somewhat contentious review process, the European Commission (the Commission) published its long-awaited new Vertical Restraints Block Exemption Regulation (VBER) and Guidelines (the Guidelines) on April 20. Th... more

01/19/10 Germany Proposes Break-Up Provision for Dominant Companies Even Absent an Abuse of Their Market Position

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

The German Ministry of Economics has proposed changes to the German Act Against Restraints on Competition ( Gesetz gegen Wettbewerbsbeschränkungen , or GWB) that would grant the German Federal Cartel Office (FCO) the powe... more

11/30/09 European Commission Announces New Competition Commissioner

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

On November 27, President José Manuel Barroso of the European Commission announced the new members of the European Commission, naming Spain's Joaquín Almunia as the next EU Commissioner for Competition . Mr. Almuni... more

10/06/09 European Court of Justice Delivers Mixed Message on Parallel Trade

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

The European Court of Justice (ECJ) issued its long-awaited decision in C-501/06 P GlaxoSmithKline Services v. Commission today (October 6, 2009). The ECJ overturned the European Commission's (EC's or the Commission's) decisi... more

09/11/09 European Court of Justice Confirms Presumption of Parent Company Liability for Subsidiaries' Antitrust Violations in Akzo

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

The European Court of Justice (ECJ) confirmed September 9, 2009, in Akzo Nobel and Others v. Commission (Case C-97/08 P), that parent companies are presumed to be liable for cartel violations committed by their wholly owned su... more

06/16/09 European Court of Justice Expands European Commission’s Powers in National Court Proceedings

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

In a decision published last week, the European Court of Justice (ECJ) significantly expanded the European Commission’s (the Commission’s) power to intervene in national court proceedings (see Case No. C- 429/07, X B... more

03/24/09 China Blocks Transaction Under New Anti-Monopoly Law

LawFlash/Client Alert | Antitrust LawFlash
Jonathan Rich

Companies considering transactions reportable in China should take note of the recent decision of the Chinese Ministry of Commerce (MOFCOM) blocking Coca-Cola's purchase of China Huiyuan Juice Group. The decision marks the first ... more

03/24/09 New German Merger Control Threshold Eliminates Need for Preclosing Approval for Deals with Minimal Nexus to Germany

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

Effective March 25, 2009, amendments to the German competition law will significantly reduce the number of transactions subject to premerger notification and clearance in Germany. Up until now, the German turnover thresholds... more

02/20/09 Japan Steps Up Enforcement of the Antimonopoly Law Against Cartels

LawFlash/Client Alert | Antitrust LawFlash
J. Everett, Jr., Nathan Andrisani, Lisa Tenorio-Kutzkey

If your organization maintains international operations in Japan or businesses that affect Japanese commerce, it is now more important than ever to make sure that your company and its executives are in compliance with Japan's An... more

12/01/08 Final Regulations on Review of Foreign Acquisitions by CFIUS Issued by the Treasury Department

LawFlash/Client Alert | International Alert
Antitrust Practice

On November 21, the Treasury Department published its final regulations pursuant to the Foreign Investment and National Security Act of 2007 (FINSA), amending Section 721 of the Defense Production Act of 1950, which authorizes ... more

09/18/08 European Court of Justice Finds Dominant Pharma Companies May Not Prevent Parallel Imports by Refusing to Meet “Ordinary” Orders from Wholesalers

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

The European Court of Justice (ECJ) ruled on September 16 that pharmaceutical companies that occupy a dominant position with respect to a particular drug may not refuse to meet “ordinary” orders from wholesalers in o... more

08/12/08 Germany Proposes New Merger Control Threshold to Eliminate Need for Pre-Closing Approval for Deals with Minimal Nexus to Germany

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

The German Ministry of Economics recently proposed amendments to the German competition law that would eliminate the need for a pre-closing filing and observation of the one-month waiting period for transactions that raise litt... more

08/06/08 A New Frontier in Antitrust Enforcement: China’s Anti-Monopoly Law Effective August 1, 2008

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

China’s new Anti-Monopoly Law (AML) has elements of sophisticated competition regimes around the world, particularly the European Community, but vague provisions and uncertain implementation may cause some legal uncertaint... more

2008 European Union Overview: Enforcement and Settlement, Global Competition Review: The 2008 Handbook of Competition Enforcement Agencies

Outside Publication | Chapter
Izzet Sinan

An extract from The Handbook of Competition Enforcement Agencies 2008, a Global Competition Review special report (www.globalcompetitionreview.com). Reproduced with permission.

04/25/08 New Rules on Foreign Investment in the United States: Treasury Department Issues Proposed CFIUS Regulations

LawFlash/Client Alert | International Alert

On April 23, the U.S. Treasury Department published long-awaited proposed regulations that clarify the regulatory-review process for transactions where a foreign person acquires control of U.S. national security or critical infr... more

04/07/08 European Commission Moves Toward Private Damages Actions for Antitrust Violations

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

The European Commission (the Commission) published its long-awaited White Paper on Damages Actions for Breach of the EC Antitrust Rules (the White Paper) on April 2. The White Paper proposes a number of reforms to facilitate fo... more

12/13/07 German Federal Court of Justice Upheld Recent Change of German Merger Control Rules: More Transactions Will Be Exempt from Filing

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

On December 5, the German Federal Court of Justice (BGH) published a recent decision confirming the Düsseldorf Higher Regional Court’s Sulzer/Kelmix decision, pursuant to which fewer transactions will require notifi... more

09/19/07 European Court of First Instance Declines to Extend Antitrust Legal Privilege to In-House (and Non–EU-Qualified Outside) Counsel

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

On September 17, the European Court of First Instance handed down the long-awaited judgment in the Akzo Nobel ( Akzo ) case, upholding the Commission’s May 8, 2003 decision on the scope of legal privilege in the context o... more

August 2007 Antitrust in Praxis – A Guideline

Outside Publication | Book
John Shenefield, Christian Zschocke, Jürgen Beninca, Izzet Sinan, Jean Leygonie

Written by Jürgen Beninca and Christian Zschocke (with contributions from John Shenefield, Izzet Sinan, and Jean Leygonie), Antitrust in Praxis – A Guideline describes major principles of European and German antitrus... more

07/11/07 European Court of First Instance Upholds Acquisition by Morgan Lewis Clients Apollo Management and Hexion

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

On July 9, 2007, the European Court of First Instance handed down a judgment in favor of Apollo Management and Hexion Specialty Chemicals, Inc., upholding Hexion’s acquisition of Akzo Nobel’s Inks and Adhesives Resin... more

01/30/07 German Merger Control Rules May Change: More Transactions Could Be Exempt from Filing

LawFlash/Client Alert | Antitrust LawFlash
Antitrust

Fewer transactions will require notification in Germany if a recent lower court decision holds up. The court that reviews Federal Cartel Office (FCO) decisions, the Düsseldorf Higher Regional Court, recently broadened the ... more