McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsTHE LATEST: DOJ Reaches Settlement with Six Broadcast Television Companies
By McDermott Will & Emery on Nov 19, 2018
Posted In Cartel Enforcement, DOJ Developments, Mergers & Acquisitions
The Department of Justice (DOJ) and six broadcast television companies reached settlements last week after the DOJ claimed that the companies shared competitively sensitive information that allowed the parties to alter the way prices were set in the television spot advertising market. Assistant Attorney General Makan Delrahim explained in a speech at the ABA Antitrust...
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FTC Secures Partial Victory Requiring SEP Holder to License to All Comers in Antitrust Case
By Lisa A. Peterson and McDermott Will & Emery on Nov 14, 2018
Posted In FTC Developments, IP Antitrust
Recently, a federal district court in California granted partial summary judgment for the US Federal Trade Commission (FTC) in an important intellectual property and antitrust case involving standard essential patents (SEP). The court’s decision requires an SEP holder to license its SEPs for cellular communication standards to all applicants willing to pay a fair, reasonable...
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Healthcare and Antitrust Enforcement: Continuity through the Administrations
By McDermott Will & Emery on Oct 26, 2018
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
Antitrust laws protect competition and consumers. Antitrust enforcement is prevalent in actions concerning manufacturing and consumer goods, among other things. However, recent enforcement activity by the Federal Trade Commission (FTC) and Department of Justice’s Antitrust Division (DOJ) serves as a reminder that the services industry, particularly healthcare services, is not immune to antitrust scrutiny as...
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Supreme Court Clarifies Principles of International Comity in Vitamin C Ruling
By McDermott Will & Emery on Jun 15, 2018
Posted In Cartel Enforcement, Chinese Developments, Private Litigation, U.S. Supreme Court Developments
Alert: The Supreme Court clarified the principles of international comity this week in a ruling pertaining to the long-running vitamin C antitrust class action litigation. International comity is the recognition a nation shows to the legislative, executive or judicial acts of another nation. Principles of comity state that US courts should defer to the laws...
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THE LATEST: Health Care Antitrust Enforcement Remains a Top Priority for New FTC Commissioners
By Stephen Wu, McDermott Will & Emery and McDermott Will & Emery on May 4, 2018
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust
On April 27, 2018, the United States Senate confirmed President Trump’s five nominees for Commissioners of the Federal Trade Commission (FTC). Three are Republicans: Chairman Joseph Simons, Noah Phillips and Christine Wilson, and two are Democrats: Rohit Chopra and Rebecca Slaughter. The Senate’s vote returns the FTC to a full complement of Commissioners for the...
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French Competition Authority Fines a Pharmaceutical Laboratory EUR 25 Million for Anti-Generic Practices
By Elena Chutrova and McDermott Will & Emery on Jan 4, 2018
Posted In French Developments, Healthcare Antitrust, Monopolization/Abuse of Dominance
On 20 December 2017, the French Competition Authority (the FCA) imposed a EUR 25 million fine on a pharmaceutical laboratory, for delaying entry onto the market of the generic version of Durogesic, and for hindering its development through a disparagement campaign. No public version of the decision is available yet, nonetheless the FCA has already published...
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THE LATEST: Antitrust Remains in Political Crosshairs for 2018 Midterm Elections
By Gregory E. Heltzer and McDermott Will & Emery on Dec 14, 2017
Posted In Mergers & Acquisitions
WHAT HAPPENED: Senator Elizabeth Warren (D-MA) gave a speech at the Open Markets Institute on December 6 entitled “Three Ways to Remake the American Economy for All”, in which she repeatedly positioned antitrust policy as a tool to rebalance competition between “big, powerful corporations” and “just about everyone else.” Senator Warren spoke critically about recent...
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Jury Gives Auto Parts Manufacturer a Pass on DOJ Conspiracy Claims
By Lisa A. Peterson, Mary Strimel, Paul M. Thompson and McDermott Will & Emery on Dec 12, 2017
Posted In Cartel Enforcement, DOJ Developments
On November 29, 2017, a Japanese auto parts manufacturer and its US subsidiary defeated the US Department of Justice’s claims that the companies conspired with others to fix prices and rig bids for automotive body sealing products. The case involved a rare trial involving criminal antitrust charges. After 13 days of trial, a jury returned...
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Beware of “Gun Jumping”: EU Court Upholds EUR 20 Million Fine Imposed On Norwegian Seafood Company
By Patryk Wcislo and McDermott Will & Emery on Oct 31, 2017
Posted In EC Developments, EU Developments, Mergers & Acquisitions
Between 2012 and 2013, Marine Harvest ASA (“Marine Harvest”), a Norwegian seafood company, acquired Morpol ASA (“Morpol”), a Norwegian producer and processor of salmon. Marine Harvest notified the transaction to the European Commission under the European Union’s Merger Regulation (“EUMR”), but implemented it prior to the European Commission having granted clearance. In 2014, the European...
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Significant Fine Imposed by the French Competition Authority in Floor Coverings Cartel
By Elena Chutrova and McDermott Will & Emery on Oct 25, 2017
Posted In Cartel Enforcement, EU Developments, French Developments, Joint Ventures/Competitor Collaboration, Monopolization/Abuse of Dominance
On October 19, 2017, the French Competition Authority (the “FCA”) imposed a EUR 302 million fine on the three leading companies in the PVC and linoleum floor coverings sector; Forbo, Gerflor and Tarkett, as well as the industry’s trade association, SFEC (Syndicat Français des Enducteurs Calandreurs et Fabricants de Revêtements de Sols et Murs), for price-fixing,...
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