McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsDeputy Director Dafny: FTC focuses on Diversion Ratios, Not Geographic Markets for Hospital Mergers
By McDermott Will & Emery on Oct 4, 2012
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
by Stephen Wu During an American Bar Association (ABA) program on antitrust and health care issues on October 1, 2012, U.S. Federal Trade Commission (FTC) Deputy Director for Health Care and Antitrust, Leemore Dafny, said that the FTC will focus on how patients purportedly react to price increases, as measured by "diversion ratios," when deciding...
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Patent Wars: EU’s Top Regulator Takes Front Line Position
By McDermott Will & Emery on Oct 3, 2012
Posted In EC Developments, IP Antitrust
by William Diaz, Alexander Harguth, David Henry, Stefan M. Meisner, Hiroshi Sheraton, Wilko van Weert and Philipp Werner There has been a spate of antitrust complaints to the European Commission and other antitrust authorities of late, regarding the licensing of "essential patents". In the first months of 2012 alone, the European Commission received at least five...
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Italian Competition Authority Mandatory Fee Due by 30 October 2012
By McDermott Will & Emery on Oct 1, 2012
Posted In Italian Developments, Mergers & Acquisitions
by Veronica Pinotti, Martino Sforza and Nicolò Di Castelnuovo In response to significant feedback, the Italian Competition Authority (the Authority) clarified the following issues concerning the new mandatory fee that was discussed in our recent blog post, Italian Competition Authority Mandatory Fee Due by 30 October 2012: In relation to foreign companies, only those registered...
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Pennsylvania Attorney General Requires Merging Hospitals to Contract Separately with Payors in Settlement Agreement
By McDermott Will & Emery on Jun 15, 2012
Posted In Mergers & Acquisitions
by Jeffrey W. Brennan, Ashley McKinney Fischer and James Buchanan Camden In addition to the federal antitrust enforcement agencies, state attorneys general continue to take an active role in antitrust enforcement, especially in the health care industry. Last week, the Pennsylvania Attorney General announced that it had entered into a settlement agreement with two merging...
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FTC Names Dafny Deputy Director of the Agency’s Bureau of Economics
By McDermott Will & Emery on Jun 14, 2012
Posted In FTC Developments, Healthcare Antitrust
by Stephen Wu On June 12, 2012, the Federal Trade Commission (FTC) announced the appointment of Leemore Dafny to assume the newly created position of Deputy Director for Health Care and Antitrust, effective August 1, 2012. Dafny is an Associate Professor of Management and Strategy at the Kellogg School of Management of Northwestern University, where...
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EU General Court Rules European Commission Wrong to Reject Summarily Claimants’ Requests for Access to Investigation Files
By McDermott Will & Emery on May 31, 2012
Posted In Cartel Enforcement, EC Developments
by Andrea Hamilton, David Henry and Philipp Werner EU Court rules that European Commission must undertake an individual and specific review of requested cartel documents before it can deny a damages claimant access thereto. To read the full article, click here.
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Liberalizations Decree: Main Relevant Changes and Powers of the Italian Competition Authority
By McDermott Will & Emery on May 23, 2012
Posted In Italian Developments, Mergers & Acquisitions
by Veronica Pinotti and Martino Sforza. The main developments in antitrust are: 1. Merger Control (Art. 5-bis) From January 1, 2013: The Italian merger control thresholds will be cumulative and no longer alternative (i.e. the combined turnover in Italy of all undertakings concerned exceeds € 468 million AND the Italian turnover of the target exceeds €...
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Recent DOJ Obstruction of Justice Case Highlights Importance of HSR Item 4 Compliance
By McDermott Will & Emery on May 21, 2012
Posted In DOJ Developments, Mergers & Acquisitions
by Jon Dubrow, Cerissa Cafasso and Carla Hine. Failing to comply with premerger document disclosure rules can lead to civil and criminal penalties for companies and their executives. To read the full article, click here.
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Resale Pricing Policies Withstand State Scrutiny Again, but Suppliers Should Continue to Exercise Caution
By McDermott Will & Emery on May 14, 2012
Posted In Distribution/Franchising
by Lawrence Fox, Joseph Winterscheid, Stephen Wu and Karne Newburn. A recent New York state appeals court decision highlights the need for suppliers to continue exercising caution when adopting and implementing a resale price maintenance policy. To read the full article, click here.
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China’s Anti-Monopoly Law Makes it Easier to Sue in Cases of Anti-Competitive Conduct
By McDermott Will & Emery on May 9, 2012
Posted In Chinese Developments, Monopolization/Abuse of Dominance, Private Litigation
by Henry L.T. Chen and Frank Schoneveld. Recently, the Supreme People’s Court of China issued final rules to build a working framework for civil anti-monopoly cases brought under the country’s Anti-Monopoly Law. The rules will take effect on 1 June 2012. To read the full article, please click here.
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