McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsChina Summarises 2011 AML Enforcement, Promises Action on Failures to Notify a Concentration in 2012
By McDermott Will & Emery on Jan 23, 2012
Posted In Chinese Developments, Monopolization/Abuse of Dominance
by Henry L.T. Chen, Frank Schoneveld and Brian Fu On 27 December 2011, in its annual end-of-year press conference, the Anti-Monopoly Bureau of China’s Ministry of Commerce gave an overview of the country’s Anti-Monopoly Law enforcement efforts in 2011, as well as stated its clear intention to investigate and sanction parties who fail to submit...
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European Commission Launches Green Paper Consultation
By McDermott Will & Emery on Jan 18, 2012
Posted In EC Developments, Monopolization/Abuse of Dominance
by Philipp Werner The European Commission has launched a Green Paper consultation on credit card, internet, and mobile payments with regard to card-fees and related matters of concern to the competition authorities. Interested stakeholders have until 11 April 2012 in which to submit their views. To read the full article, click here.
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Waking Up a Sleeping Giant
By McDermott Will & Emery on Dec 9, 2011
Posted In Cartel Enforcement, EC Developments, IP Antitrust
by Wilko van Weert The European Commission has invited comments as it reviews the current regime for Technology Transfer Agreements. All stakeholders that have worked with the current set of rules will have a real interest in its improvement and should find it worthwhile to take part in the consultation process. In order to be...
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China NDRC Fines Two Pharmaceutical Distributors for Monopolistic Practice
By McDermott Will & Emery on Nov 21, 2011
Posted In Chinese Developments, Monopolization/Abuse of Dominance
by Henry L.T. Chen, Frank Schoneveld and Alex An Recently,China’s National Development and Reform Commission (NDRC) imposed large fines on two pharmaceutical distributors. This move indicates the enforcement agency, which supervises price-related monopolistic practices, is beginning to take a more active role in enforcing the country’s Anti-Monopoly Law. To read the full article, click here.
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Giovanni Pitruzzella Appointed New Chairman of the Italian Competition Authority
By McDermott Will & Emery on Nov 18, 2011
Posted In Italian Developments
by Veronica Pinotti The Presidents of the Italian Senate and the Lower Chamber have just appointed Giovanni Pitruzzella as new Chairman of the Italian Competition Authority, after Antonio Catricalà, the current Chairman was named under-secretary to the Prime Minister’s office and Secretary of the Council of Ministers, in the newly established Monti’s government. Pitruzzella is...
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Merger Control Notifications in Several EU Member States – Best Practices on Cooperation Between Competition Authorities
By McDermott Will & Emery on Nov 10, 2011
Posted In EC Developments, Mergers & Acquisitions
by Martina Maier and Philipp Werner The European Union’s (EU) national competition authorities (NCA) and the European Commission have agreed upon best practices on cooperation in cross-border mergers. The best practices’ stated aim is to enhance cooperation in merger cases where the European Commission Merger Regulation does not apply and the merger needs to be...
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Update on Reverse Payment Settlements
By McDermott Will & Emery on Nov 7, 2011
Posted In FTC Developments, Healthcare Antitrust, IP Antitrust
by William Diaz, Raymond A. Jacobsen, Joseph F. Winterscheid and Jeffrey W. Brennan On October 31, 2011, a California state court of appeal affirmed a lower court’s ruling upholding a "reverse payment" (pay-for-delay) settlement between Bayer (Bayer) AG and Barr Pharmaceuticals (Barr). Bayer had sued Barr for patent infringement pertaining to the latter’s planned production of a generic form of...
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ECJ Gets Tough with The Commission on Parental Liability
By McDermott Will & Emery on Oct 20, 2011
Posted In EC Developments
by Martina Maier and Philipp Werner In Elf Aquitaine SA v Commission, the European Court of Justice ruled on 29 September 2011 that Elf Aquitaine was not jointly and severally liable as a parent company for the involvement of its wholly owned subsidiary in the cartel for monochloroaecetic acid. Taken with a number of recent...
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Competition Law Reform in Brazil: Implications for Merger Control
By McDermott Will & Emery on Oct 13, 2011
Posted In Mergers & Acquisitions
by Andrea L. Hamilton, David Henry, Martina Maier and Joseph F. Winterscheid Brazil’s House of Representatives passed a long-awaited competition bill (the Competition Bill) on 5 October 2011, making significant changes to Brazilian competition law. The Competition Bill has yet to be signed into law by the Brazilian President and will take effect 180 days after signing. Once in...
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Health Care Insurance Companies in Italy Fined Over €13 Million for Anti-Competitive Behaviour
By McDermott Will & Emery on Oct 11, 2011
Posted In Italian Developments
by Veronica Pinotti The Italian Competition Authority has found that four health care insurance providers—HDI-Gerling Industrie Versicherung AG, Faro Compagnia di Assicurazioni e riassicurazioni S.p.a., Navale Assicurazioni, and Primogest (a multi-firm agency)—participated in anti-competitive behaviour between 2003 and 2008. The Authority has imposed fines against the companies totalling more than €13 million for setting up...
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