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Relief for harm incurred as a result of protracted judicial review must be sought before General Court
By McDermott Will & Emery on Dec 3, 2013
Posted In EC Developments
On 26 November 2013, the European Union’s top court, the European Court of Justice, gave a seminal ruling establishing the principle that a claim for damages for losses incurred as a result of excessively long judicial review proceedings before the General Court must be brought in a separate action before the General Court itself. Introduction...
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FTC Focuses Enforcement Efforts on Health Care, Technology and Energy Sectors
By McDermott Will & Emery on Nov 25, 2013
Posted In Energy/Commodities, FTC Developments, Healthcare Antitrust, IP Antitrust, Monopolization/Abuse of Dominance
On November 15, 2013, Chairwoman Edith Ramirez testified on behalf of the Federal Trade Commission (FTC) before the House Subcommittee on Regulatory Reform on the topic of antitrust oversight and enforcement. Ramirez explained that the FTC “focuses its enforcement efforts on sectors that most directly affect consumers, such as health care, technology and energy.” The...
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District Court Declines to Certify Damages Subclass in NCAA Case
By McDermott Will & Emery on Nov 20, 2013
Posted In Private Litigation
On November 8, 2013, the Northern District of California certified a class of current and former student athletes seeking injunctive relief under the Sherman Act but declined to certify a damages subclass in the case In re NCAA Student-Athlete Name & Likeness Licensing Litig., 4:09-cv-01967-CW (N.D. Cal. November 8, 2013). The plaintiffs, current and former...
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UK Competition Commission Provisionally Finds Anti-Competitive Features in Privately-Funded Health Care
By McDermott Will & Emery on Sep 4, 2013
Posted In EC Developments, Healthcare Antitrust
The UK Competition Commission (the CC) has provisionally found that there are anti-competitive features in the supply or acquisition of privately-funded health care services, which give rise to adverse effects on competition. If the CC’s provisional position is indicative of its final position, private healthcare providers—in particular, private hospital groups—may face significant changes in how...
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