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Top Antitrust Watchdog to Merging Firms: DOJ Not Interested in Remedies that Require Ongoing Regulatory Oversight


By on Feb 19, 2015
Posted In DOJ Developments, Mergers & Acquisitions

Head U.S. Department of Justice (DOJ) antitrust enforcer, Bill Baer, believes the Federal Trade Commission and DOJ are law enforcement agencies, not regulators.  In his recent speech at the Global Competition Review Fourth Annual Antitrust Leaders Forum, Baer stressed that antitrust regulation “is not what we do.  And it is not how we ought to...

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FTC Issues Fiscal Year 2012 HSR Report


By on May 6, 2013
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

by Carla A. R. Hine Earlier this week, the Federal Trade Commission (FTC) issued its Hart-Scott-Rodino (HSR) report for fiscal year 2012 (FY2012), which summarizes enforcement actions and key statistics regarding number of filings, second requests and challenges.  The press release and a link to the report can be found here. Filings were relatively flat...

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Natural Gas Companies Settle Antitrust Suit Stemming from Joint Bidding


By on Apr 25, 2013
Posted In DOJ Developments, Energy/Commodities

by Jon B. Dubrow and Cerissa Cafasso On Monday, April 22, 2013, after rejecting the initial settlement agreement, Judge Richard Matsch (D. Colo.) approved a revised settlement of a suit brought by the U.S. Department of Justice (DOJ) against two energy companies for conspiring not to compete for mineral rights leases.  Gunnison Energy Corp. (GEC)...

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Revisions to The European Union’s Trade Defense Instruments


By on Apr 16, 2013
Posted In EC Developments

by Philip Bentley The European Commission has published legislative proposals that would make EU anti-dumping and anti-subsidy instruments more efficient and better adapted to shield EU producers from unfair practices.  Specifically, the changes would also protect producers from any risk of retaliation by exporters or exporting countries. To read the full article, click here. 

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Distribution in China – Legal Issues


By on Apr 4, 2013
Posted In Chinese Developments, Distribution/Franchising

Contact: Frank Schoneveld, Kevin Qian, John Huang and Winston Zhao McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for distribution in China Important issues to consider in the design of a distribution...

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Supreme Court Comcast Decision Makes Antitrust Class Action Certification More Difficult


By on Apr 3, 2013
Posted In Private Litigation

by David L. Hanselman, Stefan M. Meisner and Daniel Powers The Supreme Court’s decision in Comcast Corporation v. Behrend, an antitrust case involving a class of more than two million current and former cable television subscribers in the Philadelphia area, raises the bar for plaintiffs to obtain certification of antitrust class actions. To read the...

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Commission Launches First State Aid Investigations Into Football Clubs


By on Apr 2, 2013
Posted In EC Developments

by Martina Maier and Robert Bäuerle  The European Commission opened the first in-depth investigation into alleged State aid for professional football clubs.  This comes after the Commission launched investigations into the financing of arenas.  It is likely that other professional football clubs in the European Union, and other professional sports clubs and their related infrastructure,...

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Abuse of IP Rights Under China’s Antitrust Rules: Recent Cases Have a Potentially Serious Impact


By on Mar 22, 2013
Posted In Chinese Developments, IP Antitrust, Monopolization/Abuse of Dominance

by Frank Schoneveld Corporations doing business in China, based on their intellectual property (IP) rights, need to be aware of the potentially serious impact of China’s Anti-Monopoly Law and other antitrust rules.  China’s Anti-Monopoly Law prohibits the holder of IP rights from abusing those rights when it has a dominant market position.  Such dominance can...

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Distribution in China – Legal Issues, Part IV. Drafting the Distribution Contract


By on Mar 21, 2013
Posted In Chinese Developments, Distribution/Franchising

Contact: Frank Schoneveld, Kevin Qian, John Huang and Winston Zhao “Distribution in China – Legal Issues” is a four-part series.  Part I discussed the business models and legal structures most commonly used for distribution in China.  Part II looked at important issues to consider in the design of a distribution system for China, such as...

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Distribution in China – Legal Issues, Part III. Pre-Contract Matters


By on Mar 7, 2013
Posted In Chinese Developments, Distribution/Franchising

Contact: Frank Schoneveld, Kevin Qian, John Huang and Winston Zhao “Distribution in China – Legal Issues” is a four-part series.  Part I discussed the business models and legal structures most commonly used for distribution in China.  Part II looked at important issues to consider in the design of a distribution system for China, such as taxation,...

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