Emily Townsend
Subscribe to Emily Townsend's PostsDOJ Issues Business Review Letter Regarding Hospital-Physician Gainsharing Program
By Emily Townsend on Jan 22, 2013
Posted In DOJ Developments, Healthcare Antitrust
by Stephen Wu On January 16, the U.S. Department of Justice Antitrust Division issued a Business Review Letter in which it disclosed its intention not to challenge the Greater New York Hospital Association’s (GNYHA) voluntary "gainsharing" program for its hospital members and the physicians who practice at their hospitals. GNYHA’s program is designed to encourage...
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Release of Confidential Cartel Information by European Commission to English High Court Suspended
By Emily Townsend on Jan 16, 2013
Posted In Cartel Enforcement, EC Developments, Energy/Commodities
by Philip Bentley and Philipp Werner On 29 November 2012, the EU General Court (GC) issued a provisional order suspending the European Commission’s decision to communicate to the High Court of England and Wales a copy of Alstom’s reply to the statement of objections in the gas insulated switchgear cartel. The statement of objections, which...
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Notification Threshold Under the Hart-Scott-Rodino Act Increased to $70.9 million
By Emily Townsend on Jan 14, 2013
Posted In FTC Developments, Mergers & Acquisitions
by Jon B. Dubrow, Carla A. R. Hine and Joseph F. Winterscheid The Federal Trade Commission recently announced higher reporting thresholds for pre-merger notifications filed on or after February 11, 2013. To read the full article, click here.
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National Competition Authorities in Europe are Not Bound by The European Commission de Minimis Notice
By Emily Townsend on Jan 10, 2013
Posted In EC Developments, French Developments
by Philipp Werner and Wilko van Weert On 13 December 2012, the Court of Justice of the European Union (CJEU) held that national competition authorities (NCAs) can apply European competition rules, and fine companies for an infringement of EU rules, even in cases where the European Commission considers that Article 101(1) Treaty on the functioning...
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China’s Antitrust Authority Imposes Fines on Foreign Corporations for the First Time
By Emily Townsend on Jan 7, 2013
Posted In Cartel Enforcement, Chinese Developments
by Henry L.T. Chen, Frank Schoneveld, Jared Nelson and Sean Pan Recently China’s National Development and Reform Commission (NDRC) imposed an RMB 353 million (USD 56.7 million) penalty against an international price-fixing cartel of LCD manufacturers, the largest the NDRC has ever imposed for antitrust infringement. The penalty is China’s first enforcement action against an...
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European Competition Network Revises the Model Leniency Programme
By Emily Townsend on Dec 21, 2012
Posted In Cartel Enforcement, EC Developments
by Veronica Pinotti, Philipp Werner, Robert Bäuerle and Lionel Lesur The network of European antitrust regulators, the European Competition Network, has revised its model leniency programme for cartels. Major changes include a broader scope for summary applications when applying for leniency in more than three EU Member States, the application of leniency programmes to cartels...
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Energy Sector A Target – China’s Antitrust Enforcement Agencies to Take Action Against International Cartels
By Emily Townsend on Dec 18, 2012
Posted In Cartel Enforcement, Chinese Developments
by Frank Schoneveld In the last six months, China’s antitrust enforcement agencies have signed five Memorandums of Cooperation with antitrust authorities in the United States, European Union, South Korea, Australia and Brazil. During this same period, Chinese antitrust enforcement agencies have substantially increased their personnel resources. So far, in 2012 more than 10 cartel investigations...
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Poland in the Spotlight: Extensive Changes to Polish Competition Law
By Emily Townsend on Dec 11, 2012
Posted In Mergers & Acquisitions
by Philip Bentley, QC and Philipp Werner Polish legislators have confirmed their commitment to change significantly the provisions of the Polish Competition Act. The proposed amendments will undoubtedly change Polish competition law substantially, by improving and strengthening the position of enterprises and enhancing legal certainty. Furthermore, the intended increase in procedural efficiency will likely translate...
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U.S. Supreme Court to Rule on “Pay-for-Delay” Antitrust Issue
By Emily Townsend on Dec 10, 2012
Posted In FTC Developments, Healthcare Antitrust, IP Antitrust
by Jeffrey W. Brennan and Wilko van Weert The Supreme Court of the United States has granted the government’s petition for a writ of certiorari in FTC v. Watson Pharmaceuticals, agreeing for the first time to address the antitrust and patent law implications of so-called “pay-for-delay” or “reverse payment” patent settlement agreements between branded and...
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European Commission Dawn Raids: EU General Court Reins in “Fishing Expeditions”
By Emily Townsend on Dec 10, 2012
Posted In EC Developments
by Philip Bentley, QC and Philipp Werner On 14 November, the EU General Court ruled in related cases T-135/09 and T-140/09 that the European Commission had been too broad when setting out its mandate for the carrying out of dawn raids at the offices of companies in France and Italy. The Court viewed that the...
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