Emily Townsend
Subscribe to Emily Townsend's PostsUK CMA Imposes Behavioural Commitments akin to a Structural Divestment: The Sci-fi Magazines Case
By Emily Townsend on Oct 21, 2016
Posted In Consumer Protection/Privacy, Mergers & Acquisitions
Divestments often constitute the most appropriate remedy to resolve antitrust concerns in the context of merger control. However, behavioural commitments may also have the same commercial effects as a divestment. This was illustrated in a merger control case handled by the United Kingdom Competition Market Authority (the ‘CMA’) in the specialist magazines sector. Another feature...
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Activation of Premium Services, The Italian Competition Authority Fines Telepass for Unfair Commercial Practices
By Emily Townsend on Oct 21, 2016
Posted In Consumer Protection/Privacy, Italian Developments
On 20 October 2016, the Italian Competition Authority (the “Authority”) fined Telepass of EUR 200,000 for alleged unfair commercial practices. According to the Authority, Telepass would have activated a premium service (premium option extra) to consumers, who activated the simple premium option, without their consent. In particular, Telepass would have adopted a mechanism based on...
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Change in LBO Valuation for HSR Purposes
By Emily Townsend on Oct 13, 2016
Posted In FTC Developments, Mergers & Acquisitions
The Federal Trade Commission (FTC) recently reversed its position on how to calculate the size-of-transaction for HSR purposes in connection with leveraged buyouts (LBOs). This change in position may result in more reportable transactions. As detailed here, the FTC’s position, effective immediately, is that any new debt used to finance an LBO transaction, counts toward the...
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FTC Encourages VA to Adopt Proposed Rule Preempting State Laws to Allow Advanced Practice Registered Nurses to Provide Services Without Physician Oversight
By Emily Townsend on Aug 1, 2016
Posted In Consumer Protection/Privacy, DOJ Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration
On July 25, 2016, the Federal Trade Commission (FTC) submitted comments to the Department of Veterans’ Affairs (VA) supporting a proposed rule only affecting VA facilities that would authorize Advanced Practice Registered Nurses (APRNs) to provide primary health care services without the mandatory supervision of physicians, regardless of state or local laws, with limited exceptions....
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EU Court Rules That Royalties for Unpatented Technology Are Not Necessarily Anticompetitive
By Emily Townsend on Jul 11, 2016
Posted In EC Developments, IP Antitrust
On 7 July 2016, the Court of Justice of the European Union (CJEU) handed down a judgment on whether Article 101 of the Treaty on the Functioning of the European Union (TFEU) must be interpreted as precluding effect being given to a licence agreement requiring the licensee to pay royalties for the use of a...
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DOJ and FTC Encourages Competition Between Lawyers and Non-Lawyers in the Provision of Legal Services in Comments on North Carolina “LegalZoom” Bill
By Emily Townsend on Jul 7, 2016
Posted In Consumer Protection/Privacy, DOJ Developments, FTC Developments
On June 10, 2016, the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly submitted a letter recommending that the North Carolina General Assembly limit the definition of the “practice of law” only to activities for which “specialized legal knowledge and training” is demonstrably necessary to protect consumers. The regulators argue that...
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Online Sales Restrictions Remain a Hot Topic: UK CMA Issues Statement of Objections
By Emily Townsend on Jun 24, 2016
Posted In Distribution/Franchising, EU Developments, German Developments
On 9 June 2016, the UK’s Competition and Markets Authority (CMA) issued a statement of objections (SO) to Ping Europe Limited (Ping), a golf equipment manufacturer, alleging that Ping had breached EU and UK competition law by banning the sale of its golf clubs online.
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FTC Emphasizes Competitive Issues Arising From Partial Interest Acquisitions
By Emily Townsend on May 11, 2016
Posted In FTC Developments, Mergers & Acquisitions
On May 9, the Federal Trade Commission (FTC) posted an article summarizing recent developments and areas of competitive sensitivity in the acquisition of partial equity interests. Most antitrust challenges to mergers or acquisitions involve situations in which an acquiror takes control of the target company. However, substantive antitrust issues also can arise from acquisitions of...
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Maryland AG Challenges Resale Price Maintenance Agreement
By Emily Townsend on Mar 10, 2016
Posted In Distribution/Franchising
On February 29, 2016, the Attorney General of Maryland filed a complaint alleging that Johnson & Johnson Vision Care, Inc. (Johnson & Johnson) violated the Maryland state antitrust law by entering into an agreement with a retailer regarding a resale price maintenance (RPM) policy. The complaint alleged that Johnson & Johnson initially instituted an RPM...
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The EU Court of Justice Brings to an End Odile Jacob’s Fight Against Lagardère’s Purchase of Vivendi Universal Publishing
By Emily Townsend on Jan 29, 2016
Posted In EC Developments, French Developments, Mergers & Acquisitions
By its judgment of 28 January 2016 (C-514/14 P, Editions Odile Jacob SAS v Commission), the European Court of Justice (Court) upheld the General Court of the European Union’s (GCEU) ruling with respect to each of the grounds raised by Editions Odile Jacob (Odile Jacob) thereby dismissing Odile Jacob’s appeal. The case concerned the sale,...
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