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Category Archives: Joint Ventures/Competitor Collaboration

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Aerospace & Defense Series: DOD Study Touts Competition Benefits in Military Purchases—Creates Implications for Future Antitrust Reviews

Posted in Joint Ventures/Competitor Collaboration, Mergers & Acquisitions

It is a general tenet that competition serves customers well, enabling them to acquire better products at lower prices.  Of course, this premise underlies the antitrust laws.  In the aerospace and defense industry, the customers are often government agencies that are monopsonists with significant purchasing leverage.  Government customers often have contracting mechanisms that are not [...]

How to (Legally) Keep Competitors from Poaching Your Key Employees: Antitrust Law and Non-Poaching/Non-Solicitation Agreements

Posted in Joint Ventures/Competitor Collaboration

by Nick Grimmer How can a company legally protect its valuable interests in key employees, when a competitor can just swoop in with a more attractive employment offer?  A non-poaching agreement or clause (also called a no- or non-poach, -hire, -interference, -switching or -solicitation agreement or clause, depending on the circumstances) can offer protection.  In [...]

ACOs and Antitrust Are Aligned and Compatible, Says Commissioner Brill

Posted in FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions

by Carrie G. Amezcua FTC Commissioner Julie Brill addressed attendees at the 2013 National Summit on Provider Market Power on June 11.  The focus of her remarks were on the intersection of antitrust, the Affordable Care Act (ACA) and Accountable Care Organizations (ACOs).  She first touched on the ACA.  Noting the empirical evidence shows that [...]

China’s Merger Control Rules Changing: MOFCOM Publishes New Draft Regulations on Remedies and Simple Cases

Posted in Chinese Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions

by Henry Chen, Frank Schoneveld and Alex An China’s Ministry of Commerce recently issued two new draft regulations.  The first provides a wider range of potential remedies to obtain the clearance of a concentration (e.g., a merger, acquisition, joint venture, etc.); the other defines the standards for “simple” merger cases that are eligible for a [...]

Alleged Agreement Between Chesapeake Energy and EnCana Corporation to Suppress Prices for Mineral Rights Highlights the Antitrust Risks Facing Energy Companies

Posted in DOJ Developments, Energy/Commodities, Joint Ventures/Competitor Collaboration

by Jon B. Dubrow and Shauna A. Barnes Recently published reports of land acquisition activities between Chesapeake Energy and EnCana senior executives will likely expose those companies to a Department of Justice (DOJ) antitrust investigation and challenge, as well as, if accurate, civil antitrust claims.  This matter highlights the risks that energy companies face when [...]

China Streamlines Antitrust Notification Process

Posted in Chinese Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions

by Henry L.T. Chen, Frank Schonveld and Brian Fu The Ministry of Commerce of China (MOFCOM) recently promulgated a new amended merger notification form along with instructions for completing the form.  In doing so, MOFCOM aims to further regulate the procedures regarding antitrust review of large mergers, acquisitions and joint ventures; to promote transparency in [...]

European General Court Confirms Parental Liability For Competition Law Infringements by 50:50 Joint Ventures

Posted in Joint Ventures/Competitor Collaboration

by Philip Bentley QC and Philipp Werner The European General Court (GC) has confirmed a European Commission decision to hold chemical companies EI du Pont de Nemours and Dow Chemical jointly and severally liable for a fine imposed on their 50:50 joint venture (JV) for an infringement of European competition law (EI du Pont de [...]

China’s First Merger Control Decision Approving a Joint Venture–GE & Shenhua

Posted in Chinese Developments, Joint Ventures/Competitor Collaboration, Monopolization/Abuse of Dominance

by Frank Schoneveld, Brian Fu and James Jiang In giving approval to GE China’s joint venture with Shenhua Coal, China’s Ministry of Commerce (MOFCOM) has answered positively the recurring question of whether the formation of a joint venture falls within China’s merger control rules.  It is now clear that the formation of a joint venture [...]

Withdrawal of Clearance Decision and EUR 30 million Fine Against Canal Plus for Unfulfilled Merger Clearance Commitments

Posted in French Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance

by Louise-Astrid Aberg and Lionel Lesur The French Competition Authority has taken a hard stance by withdrawing its authorization of French broadcaster Canal Plus’ purchase of rival commercial television company TPS, formerly the two most powerful players on the pay TV market.  This decision reasserts the importance of respecting imposed remedies.  In this case, Canal Plus was sanctioned with [...]

International News Issue 2 2010

Posted in Cartel Enforcement, Chinese Developments, Distribution/Franchising, EC Developments, German Developments, Healthcare Antitrust, IP Antitrust, Italian Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance, Private Litigation

McDermott Will & Emery’s International News, Issue 2, 2010, covers a range of legal developments of interest to those operating internationally.  This issue focuses on Antitrust and Competition. In this issue… Merger Control: Gun Jumping Goes Global International Cartel Enforcement: On the Rise and More Severe China’s Anti-Monopoly Law: Experience and Lessons Learned After Two [...]