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Global Competition Review 100
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
As of the effective date (on or about February 23, 2012) transactions must be valued in excess of $68.2 million to be subject to the preclosing notification requirements of the HartScottRodino Act.
LawFlash/Client Alert | Antitrust LawFlash
Harry Robins, David Brenneman
Unlike so-called "merger control" laws in most countries, the U.S. HSR Act applies to individual executive officers and directors acquiring shares of the employing corporation as part of their compensation if certain jurisdictional thresholds are satisfied.
LawFlash/Client Alert | Antitrust LawFlash
Sarah Rabinovici, R. Brendan Fee, Jonathan Rich
Although most supply agreements are a benign business reality, when favorable terms negotiated with a supplier foreclose the buyer's rivals from competing, the antitrust waters can get murky, and buyers, especially those with ma... more
Outside Publication | Article
Stephen Mahinka, J. Everett, Jr., David Brenneman, Albert Shay
The Federal Trade Commission and the Department of Justice ("agencies") issued their final Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program ("... more
Presentation | Speech
Margaret Gatti
Export Compliance Policy Statement: Requires each and every employee to comply with the export laws and regulations of the United States to the full extent that such laws and regulations apply to Company's products. Employee... more
LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
Stephen Mahinka, J. Everett, Jr., David Brenneman, Albert Shay
The Federal Trade Commission (FTC) and Department of Justice (DOJ) (together, the Agencies) issued their final "Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Sha... more
Presentation | Speech
Stephen Mahinka, Sean Duffy
LawFlash/Client Alert | Antitrust LawFlash
Greta Burkholder, Jonathan Rich
As global economic activity increases, the U.S. courts see more and more antitrust claims brought by customers and competitors allegedly injured in transactions occurring outside the United States. International cartel and mono... more
LawFlash/Client Alert | Antitrust LawFlash
Sean Duffy, Jonathan Rich
The U.S. Department of Justice (DOJ) has provided a jarring reminder of the penalties for dishonesty in Hart-Scott-Rodino (HSR) filings. On August 15, the DOJ announced that Nautilus Hyosung Holdings Inc. (NHI) agreed to plead ... more
LawFlash/Client Alert | Antitrust and Labor and Employment LawFlash
Antitrust and Labor and Employment Practices
On July 12, in California v. Safeway ,[1] the Ninth Circuit Court of Appeals, sitting en banc, held that a mutual strike assistance agreement among four supermarket chains was subject to cha... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
The Federal Trade Commission (FTC) and the Department of Justice (DOJ) recently modified the premerger notification form and rules for transactions reportable under the Hart-Scott-Rodino Act (HSR Act). The new form and the ame... more
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
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
The European Commission (EC) and many other competition authorities around the world have long promoted confidentiality as an essential feature of their highly successful cartel leniency programs. The authorities seek to encour... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
As the global economy continues to show signs of improvement, more countries-including the UK, India, and Brazil-are moving toward rules that require approval of transactions prior to closing-even when neither of the parties to ... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
As part of its continuing efforts to better align the country's patent system with its competition policy, the Federal Trade Commission (FTC) recently released a 300-page report, The Evolving IP Marketplace: Aligning Patent Not... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
The Federal Trade Commission (FTC) has announced that it will raise the Hart-Scott-Rodino Act (HSR Act) jurisdictional and filing fee thresholds. The new thresholds are expected to become effective February 21, 2011. ... more
Presentation | Webinar
Stephen Mahinka, Michael Griffen
In this webcast, Morgan Lewis partners Michael C. Griffen and more
Outside Publication | Article
Daniel Schiffer, Scott Stempel
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
On September 14, 2010, the Court of Justice of the European Union (the Court) issued its long-awaited decision in Akzo Nobel Chemicals and Akcros Chemicals v. Commission (Case C-550/07 P), confirming that communications betwee... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
On August 19, the Antitrust Division of the Department of Justice and the Federal Trade Commission (together, the agencies) issued new Horizontal Merger Guidelines (the Guidelines) to explain and clarify their current enforcemen... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
The Federal Trade Commission (FTC) has announced that it is proposing changes to the HartScottRodino Act (HSR Act) premerger notification form and rules. Almost every aspect of the form will be affected in some way. Wi... more
Outside Publication | Article
Daniel Schiffer
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
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
In the first Supreme Court victory for an antitrust plaintiff in nearly 20 years, the Court on Monday unanimously held that NFL teams should not be considered a "single entity" for the purposes of applying Section 1 of the Sherm... more
Presentation | Speech
Daniel Schiffer, Scott Stempel
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
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
LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Scott Memmott, Howard Young
With the passage of the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care Education Reconciliation Act of 2010 (the Healthcare Reform Law), Congress for the first time has mandated that a broad ra... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
On April 20, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) issued proposed revisions to the Horizontal Merger Guidelines (the Guidelines), the agencies' statement of their enforceme... more
LawFlash/Client Alert | Tax LawFlash
Gary Wilcox
The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), provides for a valuable new 50% tax credit or equivalent cash grant, for... more
LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Stephen Mahinka
The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), contains provisions supporting the development of comparative effectiven... more
LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen Sanzo, Phoebe Mounts
The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), establishes an abbreviated licensure pathway for biosimilar biological p... more
LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen Sanzo
The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law, or Law), will have a number of direct and indirect effects on pharmaceuti... more
LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Washington Government Relations and Public Policy Practice
The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law, or Law), provides for a number of significant revisions to the existing 3... more
LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Saghi Fattahian, Andy Anderson
The Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), creates a number of immediate issues for employer group health plans. Some o... more
LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
M. Elizabeth Bierman, Michele Buenafe
The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), presents a number of new issues for medical device manufacturers. Devic... more
LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Andrew Ruskin, Albert Shay
The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), includes substantial changes that will affect how hospitals of all types... more
Outside Publication | Article
Jonathan Uphoff
LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Joyce Cowan
The Patient Protection and Affordable Care Act of 2010 as amended by the Health Care and Education Reconciliation Act of 2010 (Healthcare Reform Law) makes substantial changes to the Medicare Part C Medicare Advantage (MA) and M... more
Outside Publication | Article
David Brenneman
LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Michael Ossip
The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), includes a provision that requires employers to provide covered employee... more
LawFlash/Client Alert | White Collar and Antitrust LawFlash
Nathan Andrisani, Alison Tanchyk, Eric Sitarchuk
During the first in a series of unprecedented joint workshops between the U.S. Department of Justice (DOJ) and the U.S. Department of Agriculture (USDA), held on March 12, Assistant Attorney General of the Antitrust Division Chr... more
LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen McDermott, Meredith Auten
The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), contains more than 32 sections related to healthcare fraud and abuse and... more
LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen McDermott
The Patient Protection and Affordable Care Act of 2010 as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law) provides for a number of new transparency requirements for several health ... more
LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Washington Government Relations and Public Policy Practice
The Patient Protection and Affordable Care Act (the Healthcare Reform Law) that President Obama signed intlaw on March 23 contains a large number of provisions that will significantly affect businesses in the coming months and y... more
LawFlash/Client Alert | Antitrust LawFlash
Tonya Oliver, J. Everett, Jr., Lisa Tenorio-Kutzkey
On February 24, the Supreme Court of the United Kingdom dismissed the appeal of Ian Norris, former CEO of The Morgan Crucible Company plc, paving the way for the first-ever extradition to the United States of a defendant in an a... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
On December 17, 2009, the Senate Committee on Commerce, Science, and Transportation approved President Obama's nominees to the Federal Trade Commission (FTC or Commission), Julie Brill and Edith Ramirez. If confirmed, each woul... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
The Federal Trade Commission (FTC) announced today that it will lower the HartScottRodino Act (HSR Act) jurisdictional and filing-fee thresholds. The notice will be published in the Federal Register shortly; the new t... more
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
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
More than three years ago, then Commissioner, now Chairman, Jonathan Leibowitz of the Federal Trade Commission (FTC) advocated that the agency rely on the broad language in Section 5 of the FTC Act to expand the scope of its ant... more
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
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
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
The German Federal Cartel Office (FCO) fined U.S.-based international firm CIBA Vision €11.5 million ($16.8 million) for breaking German antitrust law by restricting online trading of its lenses and improperly pressuring on... more
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
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
LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
FDA & Healthcare and Antitrust Practices
On June 10, the Federal Trade Commission (FTC) released its report, "Emerging Health Care Issues: Follow-on Biologic Drug Competition" (the Report). On June 11, Commissioner Pamela Jones Harbour testified on behalf of the FTC... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
Christine Varney, the new head of the Antitrust Division at the Department of Justice (DOJ), made clear at her confirmation hearing that the Antitrust Division is going to be more aggressive under her leadership, and cited mono... more
Outside Publication | Article
Jonathan Rich
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
President Obama has been critical of the previous administration’s antitrust enforcement efforts and has made vigorous antitrust enforcement one of his policy priorities. The antitrust team President Obama has selected to l... more
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
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
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
On February 25, the U.S. Supreme Court released its opinion in Pacific Bell Telephone Co. v. linkLine Communications , a closely watched case challenging the pricing policies of Pacific Bell (which became AT&T) in relation ... more
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
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
The Federal Trade Commission (FTC) has announced that it will raise the Hart-Scott-Rodino Act (HSR Act) jurisdictional and filing fee thresholds. The new thresholds are expected to become effective February 12, 2009. The new ru... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
On December 18, the federal government sued to break up a consummated merger for the second time in two days. The Antitrust Division of the U.S. Department of Justice alleged that Microsemi Corporation’s acquisition of Se... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
The Federal Trade Commission (FTC) has filed a complaint against Ovation Pharmaceuticals, Inc. (Ovation) in connection with its 2006 acquisition of a drug nearing FDA approval (NeoProfen). The FTC alleged that NeoProfen was the... more
Outside Publication | Article
Jonathan Rich
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
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
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
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
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
A split panel of the D.C. circuit recently overturned a district court decision denying the Federal Trade Commission's (FTC's) request for a preliminary injunction (PI) to block the Whole Foods/Wild Oats merger. The panel's d... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
On May 6, the Federal Trade Commission (FTC) issued an order In the Matter of Nine West Group, Inc. ( Nine West ) that brings federal enforcement of resale price maintenance (RPM) into line with the Supreme Court’s recen... more
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.
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
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
In a decision issued April 22 in Rambus v. FTC , a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit increased the burden of proving antitrust claims premised on misrepresentations to an indust... more
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
Outside Publication | Article
J. Everett, Jr., Jonathan Uphoff
Morgan Lewis featured in Competition Law 360's April 7 guest column.
Presentation | Speech
Nathan Andrisani
Outside Publication | Article
David Brenneman
Presentation | Speech
Jürgen Beninca
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
The Federal Trade Commission (FTC) has announced that it will raise the Hart-Scott-Rodino Act (HSR Act) jurisdictional and filing fee thresholds. The new thresholds are expected to be effective on or about February 18, 2008. Th... more
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
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
The Department of Justice (DOJ) fined Iconix Brand Group (Iconix) $550,000 for violating the Hart-Scott-Rodino Act (HSR Act) by failing to submit to the Federal Trade Commission (FTC) and DOJ certain required documents in conne... more
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
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
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
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
Overturning a century-old precedent, the Supreme Court yesterday laid to rest—at least for federal antitrust purposes—the last per se prohibition on vertical restraints. The 5-to-4 decision in Leegin Creative Leather Product... more
Presentation | Speech
Scott Stempel
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
The United States Supreme Court ruled yesterday in Credit Suisse Securities v. Billing that securities laws create broad immunity from antitrust lawsuits, ruling that antitrust laws do not apply to the syndication and marketin... more
Outside Publication | Article
Christian Zschocke, Jürgen Beninca
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
The United States Supreme Court yesterday overturned the 50-year-old pleading standard from Conley v. Gibson and held—7 to 2—that antitrust conspiracy allegations must be “plausible” to survive a motion to dismiss. The decisi... more
Presentation | Speech
John Shenefield
Presentation | Speech
John Shenefield
Outside Publication | Chapter
Izzet Sinan
Reproduced with permission from Law Business Research Ltd. This article was first published in Global Competition Review - The 2007 Handbook of Competition Enforcement Agencies (published in March 2007). For further information please visit www.globalcompetitionreview.com.
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
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
The Federal Trade Commission (FTC) has announced that it will raise the Hart-Scott-Rodino Act (HSR Act) jurisdictional and filing fee thresholds. The new thresholds are expected to be effective on or about February 22, 2007. Th... more
Outside Publication | Article
J. Everett, Jr.
Presentation | Speech
Izzet Sinan
Presentation | Speech
George Cumming
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
Both the Federal Trade Commission and the Antitrust Division of the Department of Justice continue to scrutinize competitively aggressive transactions too small to be subject to the premerger notification requirements of the Har... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
The European Commission (the Commission) has further strengthened the deterrent factor in fines for violations of European Community antitrust rules by issuing new guidelines (the Guidelines), designed to increase the level of f... more
Presentation | Speech
Scott Stempel
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
In another of a series of enforcement actions over pre-closing activities by parties to a merger, the Department of Justice (DOJ) last Thursday charged two companies with violating the Hart-Scott-Rodino Act (HSR Act) by giving t... more
Outside Publication | Article
Tonya Oliver
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
In an extraordinary move, the Antitrust Division of the Department of Justice (DOJ) brought a criminal prosecution against CMET, Inc. (CMET) for obstruction of justice relating to the settlement of a merger case. The merger, wh... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
Clients contemplating mergers that have potential antitrust issues should be aware of some significant reforms to the merger review process announced yesterday by the FTC. The reforms, which take effect for FTC investigations resulting from Hart-Scott-Rodino filings submitted starting today, are intended to reduce the burgeoning time and cost associated with complying with so-called “Second Requests,” the often burdensome government demand for documents and information in the investigation of transactions that raise antitrust issues. The merger review process authorized by the Hart-Scott-Rodino Act permits the FTC or the Department of Justice (DOJ) to review the competitive effects of transactions over a certain size before the parties can close. DOJ has not yet issued a similar set of reforms but is widely expected to do so in the near future.
In part because of the explosion in the use of email and other electronic documents, the size of Second Request document pro
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
On January 10, the Supreme Court issued its first secondary-line Robinson-Patman Act decision since Texaco v. Hasbrouck in 1990. Its decision in Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc. provides encouragem... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
Effective on February 17, 2006, the Federal Trade Commission (FTC) will raise the Hart-Scott-Rodino Act (HSR Act) jurisdictional and filing fee thresholds. The new rules include an increase in the size-of-transaction test from ... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
On December 19, the European Commission released its long-awaited discussion paper on "exclusionary abuses" under Article 82 of the EC treaty. Article 82, which is analogous to Section 2 of the Sherman Act, prohibits companies ... more
Outside Publication | Article
Jonathan Rich
October 2005
Newsletter | Morgan Lewis on Competition
Antitrust
In this Issue: Appeals Court Decision in Three Tenors Case Leaves PolyGram Singing the Blues: The D.C. Circuit Court of Appeals upheld the Federal Trade Commission’s decision that PolyGram N.V. and its joint ventu... more
LawFlash/Client Alert | Securities Industry FYI
Securities Industry
The Second Circuit Court of Appeals in New York decided on Wednesday that antitrust laws apply to underwriter syndicates. The plaintiffs in the IPO case allege that the defendants, prominent underwriters and institutional in... more
July 2005
Newsletter | Morgan Lewis on Competition
Antitrust
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 S... more
Presentation | Speech
Scott Stempel
Outside Publication | Article
Harry Robins, Michael Pedrick
Presentation | Speech
Scott Stempel
Presentation | Speech
Stephen Mahinka
March 2005
Newsletter | Morgan Lewis on Competition
Antitrust
In this Issue: New Hart-Scott-Rodino Rules Regarding Reporting Thresholds and Non-Corporate Entities Finalized: The Hart-Scott-Rodino Antitrust and Improvements Act of 1976 (“HSR Act”) and its corresponding regulations ... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
On January 12, 2005, the Supreme Court reversed 20 years of federal sentencing practices in two opinions that nullified the requirement that judges find facts to increase sentences after a jury verdict or guilty plea. In Unite... more
Outside Publication | Article
Jürgen Beninca
Outside Publication | Article
Jürgen Beninca
November 2004
Newsletter | Morgan Lewis on Competition
Antitrust
In this Issue: Practice Alert! Know Your Obligations to Preserve Electronic Data: There is a growing body of case law concerning the obligations of counsel to protect discoverable information with which antitrust pr... more
Outside Publication | Article
Harry Robins, Stephen Mahinka
October 2004
Newsletter | Morgan Lewis on Competition
Antitrust
In this Issue: FTC Consent Settlements Continue Close Scrutiny of Pharmaceutical Industry: Two recent FTC consent agreements – the first involving the pioneer manufacturer of a product designed to combat Break Throu... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice
On September 9, 2004, U.S. District Court Judge Vaughn Walker handed the Department of Justice (DOJ) a major defeat by rejecting its attempt to enjoin Oracle Corporation from acquiring PeopleSoft, Inc. In doing so, he significa... more
Outside Publication | Book
John Shenefield
Newsletter | Morgan Lewis on Competition
John Shenefield, Jürgen Beninca
In this Issue: Antitrust Partners Among Morgan Lewis Attorneys Identified in Prestigious Chambers Leadership Directory Scotch Tape Purchasers Can't Make Class Action Stick: In a rare defense victory, a federa... more
Outside Publication | Article
John Shenefield
LawFlash/Client Alert | Antitrust LawFlash
J. Everett, Jr.
LawFlash/Client Alert | Antitrust LawFlash
John Shenefield, Peter Halle, Jonathan Rich
On June 14, 2005, the United States Supreme Court held unanimously that foreign victims of a cartel cannot sue the cartel members in U.S. courts for damages caused by transactions that occurred abroad. The Court effectively rev... more
LawFlash/Client Alert | Antitrust LawFlash
Randall Conner
The House on Wednesday sent a bill to President Bush that if signed into law will amend the antitrust laws to limit the potential liability of qualifying standards development organizations. Significantly, however, the legislatio... more
Outside Publication | Article
Jürgen Beninca
Morgan Lewis Title | White Paper
Jonathan Rich
Outside Publication | Chapter
Stephen Mahinka
March 2004
Newsletter | Morgan Lewis on Competition
Antitrust
In this Issue: Articles & Speaking Engagements We Have a Flag on the Play: Clarett v. National Football League : The District Court for the Southern District of New York recently ruled that the National ... more
Presentation | Speech
Stephen Mahinka
Morgan Lewis Title | White Paper
Antitrust Practice
As we have discussed in previous White Papers, the FTC and DOJ have been aggressively investigating so-called “gun-jumping” violations that occur when merging parties integrate operations, the buyer prematurely takes... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
On February 26, the Antitrust Division and seven state attorneys general sued to stop Oracle’s hostile takeover of PeopleSoft, a move less notable for its antitrust analysis than for the circumstances in which it occurred. O... more
LawFlash/Client Alert | Antitrust LawFlash
Litigation
This is a reminder to our clients that the cost of defending Sherman Act antitrust claims, as well as any resulting damage awards, may be covered under your general liability insurance policies. Allegations of anticompetitive c... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
In its first pronouncement on monopolization law in a decade, the Supreme Court yesterday placed strict limits on the circumstances in which the antitrust laws can require a monopolist to deal with rivals. In Verizon Communica... more
Outside Publication | Article
J. Everett, Jr., Scott Stempel
Prepared by the Holmes Group Task Force and Intellectual Property Committee, Section of Antitrust Law, American Bar Association To read the report, go to: htt... more
Outside Publication | Chapter
Stephen Mahinka
December 2003
Newsletter | Morgan Lewis on Competition
Antitrust
In this Issue: Articles & Speaking Engagements The Council of Ministers Approves "New" Substantive Test For EC Member Control: Decisions on the Shape of the Stable Door After the Horse Has Bolted?: T... more
Outside Publication | Chapter
Jonathan Uphoff, Izzet Sinan
Outside Publication | Chapter
Jonathan Uphoff, Izzet Sinan
October 2003
Newsletter | Morgan Lewis on Competition
Antitrust
In this Issue: Circuit Split Emerges in Patent Settlement Cases: Adopting a position urged by Morgan Lewis lawyers on behalf of the Washington Legal Foundation as amicus, the Eleventh Circuit rejected the Sixth Circ... more
August 2003
Newsletter | Morgan Lewis on Competition
Antitrust
In this Issue: Justice Department Files Brief on Jurisdictional Reach of Sherman Act: The Department of Justice has filed a brief at the request of the Supreme Court on whether certiorari should be granted in the ca... more
Presentation | Speech
Scott Stempel
Presentation | Speech
Scott Stempel
Presentation | Speech
Scott Stempel
Presentation | Speech
Scott Stempel
May/June 2003
Newsletter | Morgan Lewis on Competition
Antitrust
In this Issue: Justice Department Resolves Merger Without Consent Decree: The Antitrust Division continued its break with the FTC over "Fix it First" resolutions of its concerns about mergers when the Department dec... more
Morgan Lewis Title | White Paper
Antitrust
A series of recent enforcement actions by the U.S. antitrust enforcement agencies – the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) – are notable for multimillion-doll... more
Outside Publication | Article
Stephen Mahinka
Presentation | Speech
Antitrust
March 2003
Newsletter | Morgan Lewis on Competition
Antitrust
In this Issue: Acting Assistant Attorney General Warns Against Gun-Jumping: R. Hewitt Pate, in his first public speech since becoming Acting Assistant Attorney General for the DOJ’s Antitrust Division, declared that... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
In an important decision issued January 17, 2003, a U.S. Court of Appeals reinstated price-fixing claims of foreign purchasers of vitamins against more than a dozen vitamin manufacturers. In a 2-1 decision, the D.C. Court of Ap... more
Outside Publication | Article
Jürgen Beninca
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
In a speech delivered on December 11, 2002, Joe Simons, Director of the FTC's Bureau of Competition ("BC"), announced some important improvements to the Second Request process, while reaffirming the current administration's stro... more
December 2002
Newsletter | Morgan Lewis on Competition
Antitrust
In this Issue: Healthcare Remains An Important Focus of Antitrust Scrutiny : The health care industry will be the focus of continuing agency scrutiny, according to Timothy Muris, Chairman of the FTC. Venturing i... more
Presentation | Speech
Scott Stempel
August 2002
Newsletter | Morgan Lewis on Competition
Antitrust
In this Issue: ALJ's Decision in Schering-Plough Gives Hope to Pioneer Companies: In a striking departure from recent district court cases and Federal Trade Commission actions condemning patent settlements between p... more
LawFlash/Client Alert | Antitrust LawFlash
Antitrust
In a report issued yesterday after a year-long study, the Federal Trade Commission unanimously recommended two significant changes and what it described as three “minor” changes to the Hatch-Waxman Act. First, the report recomm... more
Morgan Lewis Title | White Paper
Mark Edwards
Although the purposes of terminated dealers’ lawsuits have not changed in the last 25 years, the nature of their legal claims has, and, in general, those suits have become more difficult for dealers to win. Terminating ex... more
Outside Publication | Article
Scott Stempel
Newsletter | Morgan Lewis on Competition
Antitrust
In this Issue: Motions to Dismiss Patent Misuse and Antitrust Counterclaims Prove Effective In Patent Litigation: Two recent court decisions obtained by Morgan Lewis lawyers may signal a promising shift in favor of ... more
Outside Publication | Article
Harry Robins
Outside Publication | Article
Scott Stempel
Outside Publication | Book
John Shenefield
Presentation | Speech
Stephen Mahinka, Floyd Norton, IV
Morgan Lewis Title | White Paper
Harry Robins
This year continues to bring noteworthy developments under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”), the law that enables the Federal Trade Commission (“FTC”) and Antitrust Division of... more
Morgan Lewis Title | White Paper
Stephen Mahinka
This White Paper summarizes the salient antitrust rulings by the Court of Appeals for the District of Columbia in United States v. Microsoft Corp., 253 F.3d 34 (D.C. Cir. 2001). The goals in preparing this White Paper are fou... more
July 2001
Newsletter | Morgan Lewis on Competition
Antitrust
In this Issue: Microsoft: Who is the Winner?: By now everyone has heard that the U.S. Court of Appeals for the D.C. Circuit rendered its decision on the appeal in U.S. v. Microsoft Corporation. Predatory Pric... more
Morgan Lewis Title | White Paper
Harry Robins
This paper discusses recent developments in connection with the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). Specifically, we discuss certain new Rules issued by the Federal Trade Co... more
Outside Publication | Article
Harry Robins, Jonathan Rich
Outside Publication | Article
Harry Robins
Outside Publication | Article
Stephen Mahinka
April 2001
Newsletter | Morgan Lewis on Competition
Antitrust
In this Issue: Antitrust Enforcement in the New Administration: The inauguration of President George W. Bush, and his nominations of Charles James as the Assistant Attorney General for Antitrust and Timothy Muris as... more
Outside Publication | Article
Harry Robins, Jonathan Rich
Outside Publication | Book
John Shenefield
Outside Publication | Article
Kathleen Sanzo, Stephen Mahinka
January 2001
Newsletter | Morgan Lewis on Competition
Antitrust
In this Issue: Major HSR Reforms Enacted: On December 21, 2000, President Clinton signed into law a bill enacting Hart-Scott-Rodino reform. These are the first significant changes in the HSR Act since passage of the... more
Outside Publication | Article
Izzet Sinan
Outside Publication | Article
Scott Stempel
Outside Publication | Article
Stephen Mahinka
Outside Publication | Article
Izzet Sinan
Presentation | Speech
Izzet Sinan
Outside Publication | Article
Christian Zschocke
Outside Publication | Article
Christian Zschocke
Outside Publication | Article
Christian Zschocke
Presentation | Speech
Izzet Sinan
Outside Publication | Article
Izzet Sinan
Morgan Lewis Title | White Paper
Christian Zschocke
As of April 1, 1998, German stock corporations ( Aktiengesellschaften ) can issue no par value shares ( Stuckaktie ). This change is designed by the German Legislature to avoid costs associated with the anticipated introduction... more
Outside Publication | Article
Christian Zschocke
Presentation | Speech
Izzet Sinan
Presentation | Speech
Izzet Sinan
Presentation | Speech
Izzet Sinan
Presentation | Speech
Izzet Sinan
Presentation | Speech
Izzet Sinan
Presentation | Speech
Scott Stempel
Presentation | Speech
Izzet Sinan
Outside Publication | Article
Izzet Sinan
Outside Publication | Article
Izzet Sinan
Presentation | Speech
Izzet Sinan
Presentation | Speech
Harry Robins
Presentation | Speech
Izzet Sinan
Outside Publication | Article
Scott Stempel
Presentation | Speech
Scott Stempel
Presentation | Speech
Izzet Sinan
Presentation | Speech
John Shenefield
Morgan Lewis Title | White Paper
M. Elizabeth Bierman, Caswell Hobbs
On December 19, President Clinton signed into law the Lobbying Disclosure Act of 1995, which significantly alters the lobbying registration and reporting requirements that have been in effect since 1946. The new law, which beca... more
Presentation | Speech
Izzet Sinan