Emily Townsend
Subscribe to Emily Townsend's PostsBrussels Court of Appeal Rules that Legal Professional Privilege Applies to In-house Counsel
By Emily Townsend on Mar 19, 2013
Posted In EC Developments
by Wilko van Weert and David Henry On 5 March 2013, the Brussels Court of Appeal delivered a judgment finding that, under Belgian law, in-house counsel are covered by legal professional privilege (LPP). In relation to antitrust investigations, the ruling highlights that LPP in the European Union depends on, not just local rules, but also...
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UK Government Announces Proposals for an “Opt-Out” Collective Competition Damages Action
By Emily Townsend on Mar 8, 2013
Posted In EC Developments
by Philip Bentley, QC, Veronica Pinotti, Wilko van Weert and Philipp Werner On 29 January 2013, the UK Government’s Department for Business, Innovation & Skills announced new proposals designed to improve the ability for consumers and businesses to bring collective damages claims against competition law infringers. The new proposals contain novelties that should make it...
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European Commission Proposes Changes to the Rules Applicable to Technology Licensing
By Emily Townsend on Mar 1, 2013
Posted In EC Developments, IP Antitrust
by Wilko van Weert and Philipp Werner On 20 February 2013, the European Commission launched a public consultation in relation to a draft proposal for a revised block exemption for technology transfer agreements (the proposal). The Commission seeks to improve and update the current legal regime on technology licensing, with a view to encouraging competition,...
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Distribution in China – Legal Issues, Part II. Distribution System Design
By Emily Townsend on Feb 21, 2013
Posted In Chinese Developments
Contact: Frank Schoneveld, Kevin Qian, John Huang and Winston Zhao “Distribution in China – Legal Issues” is a four-part series. Part I discussed the business models and legal structures most commonly used for distribution in China. Part II looks at important issues to consider in the design of a distribution system for China, such as taxation,...
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Supreme Court Limits Availability of State Action Immunity from Federal Antitrust Liability
By Emily Townsend on Feb 21, 2013
Posted In FTC Developments, Healthcare Antitrust
by Jeffrey W. Brennan, Ashley M. Fischer, David Marx, Jr., Stephen Wu and Christine G. Devlin The Supreme Court decision in FTC v. Phoebe Putney Health System, Inc., makes clear that state action immunity from federal antitrust laws is disfavored, and local governmental, quasi-public and private entities can only qualify for the immunity under certain...
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FTC Issues Another Favorable Clinical Integration Program Advisory Opinion
By Emily Townsend on Feb 20, 2013
Posted In FTC Developments, Healthcare Antitrust
by Ashley M. Fischer In a February 13, 2013, advisory opinion, the Federal Trade Commission (FTC) Bureau of Competition stated that it has no present intention to recommend that the FTC challenge a clinical integration program proposed by Norman Physician Hospital Organization, a multi-specialty physician-hospital organization in Oklahoma. The opinion is the fifth advisory opinion...
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Cour de cassation Rules on Automotive Quantitative Selective Distribution Agreements
By Emily Townsend on Feb 12, 2013
Posted In French Developments
by Louise-Astrid Aberg, Lionel Lesur and Philipp Werner The Cour de cassation, France’s highest court for judicial matters, rendered a judgment on 15 January 2013 in a case involving Jaguar’s distribution agreements in France. The judgment follows an earlier ruling on the matter by the Court of Justice of the European Union (CJEU), from which...
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European Commission to Settle Half its Ongoing Cartel Investigations in 2013
By Emily Townsend on Jan 30, 2013
Posted In Cartel Enforcement, EC Developments
by Philip Bentley, QC and Philipp Werner Joaquín Almunia, the European Union’s Commissioner for Competition, has announced that the European Commission hopes to settle around half of its outstanding cartel cases in 2013. It’s time to review the European Union’s settlement procedure. To read the full article, click here.
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Tomra : Tension Between Simply “Capable” of Restricting Competition and the “Effects-Based” Approach
By Emily Townsend on Jan 30, 2013
Posted In EC Developments
by Martina Maier, Andrea Hamilton, David Heny and Philipp Werner Tomra judgment: EU’s top court rules that actual effects do not need to be examined in exclusionary practice cases involving dominant firms. To read the full article, click here.
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German Federal Cartel Office Levies Administrative Fine Due to Incomplete Merger Notification
By Emily Townsend on Jan 24, 2013
Posted In Cartel Enforcement, German Developments, Mergers & Acquisitions
by Martina Maier, Philipp Werner and Robert Bäuerle The German Federal Cartel Office (FCO) has imposed an administrative fine for the submission of incomplete information in a merger notification. The missing information concerned details about shareholdings essential for the competitive assessment analysis. The shareholdings belong to a private individual who controlled the notifying party. Companies...
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