Emily Townsend
Subscribe to Emily Townsend's PostsU.S. Supreme Court Hears Oral Argument in Phoebe Putney Hospital Merger Challenge
By Emily Townsend on Nov 27, 2012
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance
by Jeffrey Brennan, Ashley Fischer, David Marx and Carrie Amezcua In oral argument in FTC v. Phoebe Putney Health System, Supreme Court Justices focused on whether the state legislature clearly articulated a state policy to displace competition with regulation, in a case challenging the application of the state action doctrine to a hospital merger to...
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Germany Amends Competition Law: Key Changes
By Emily Townsend on Oct 30, 2012
Posted In Cartel Enforcement, German Developments
by Martina Maier, Philipp Werner and Robert Bäuerle On 18 October, the German Federal Parliament (Bundestag) adopted several changes to German competition law. The new legislation still has to be passed by the second chamber of the German parliament (Bundesrat) but the changes are expected to come into force on 1 January 2013. Overall, the...
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Increased Participation and Transparency: UK Antitrust Regulator Issues Revised Antitrust Guidance
By Emily Townsend on Oct 29, 2012
Posted In EC Developments
by Philip Bentley, Andrea Hamilton and David Henry UK antitrust regulator issues revised antitrust guidance. The OFT introduces increased transparency, more active participation and greater checks and balances into antitrust proceedings. To read the full article, click here.
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French Competition Authority Opinion on Car Repair and Maintenance
By Emily Townsend on Oct 17, 2012
Posted In French Developments
by Jacques Buhart and Lionel Lesur The French competition authority (FCA) released on 8 October 2012 an opinion in relation to the car repair and maintenance sector. The opinion is the result of a public consultation that was launched in Spring 2011. The opinion, which is more than 200 pages long and available only in...
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Extending K-Dur’s Reach? FTC Files Amicus Brief Arguing that Pharmaceutical Patent Litigation Settlements Containing “No-AG” Provisions are Anticompetitive
By Emily Townsend on Oct 11, 2012
Posted In FTC Developments, IP Antitrust
by Jeffrey W. Brennan The Federal Trade Commission (FTC) filed an amicus brief on October 9 in U.S. District Court (D.N.J.). In it, the FTC spells out its arguments why, as part of a pharmaceutical patent litigation settlement agreement, a branded company’s promise not to launch an authorized generic (AG) version of its product during...
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Global Antitrust Cooperation: EU’s Top Regulator Signs MoU with China
By Emily Townsend on Oct 5, 2012
Posted In Chinese Developments, EC Developments
by Henry L.T. Chen, David Henry, Frank Schoneveld and Philipp Werner On September 20 , 2012, European Commission officials concluded a Memorandum of Understanding (MoU) with Chinese officials in respect of antitrust law. Signed by the Directorate General for Competition and two of China’s antitrust law enforcement authorities, the National Development and Reform Commission (NDRC)...
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DOJ Chief Warns of Threats to Competition in Standard Setting and Patent Transfers
By Emily Townsend on Sep 24, 2012
Posted In DOJ Developments, IP Antitrust
by Daniel Powers The Acting Assistant Attorney General Joseph Wayland delivered a speech on Friday regarding how antitrust enforcement agencies can “balance patent rights, competition and innovation in the information age.” Wayland covered familiar ground on topics ranging from the dangers of patent hold-up to the importance of patent holders’ commitments to license essential patents...
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UK’s Top Antitrust Regulator Issues New Fines Guidance: Penalties to Better Reflect the Impact of Relevant Conduct
By Emily Townsend on Sep 13, 2012
Posted In EC Developments
by Philip Bentley, Andrea L. Hamilton and David Henry UK Antitrust Regulator Revises Fines Guidance: Penalties to be More Appropriate and Compliance Efforts to be Rewarded. To read the full article, click here.
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Proposed Changes to HSR Rules for Pharmaceutical Companies
By Emily Townsend on Aug 14, 2012
Posted In DOJ Developments, FTC Developments, IP Antitrust
by Jon B. Dubrow and Carla A. R. Hine Today the Federal Trade Commission (FTC) announced proposed changes to the Hart-Scott-Rodino (HSR) premerger notification rules that will impact the types of transactions for which pharmaceutical companies will be required to file HSR notifications with the Department of Justice and FTC. The proposed rulemaking is meant...
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Antitrust Compliance Programs: Time to Recalibrate Your Risk-Benefit Analysis?
By Emily Townsend on Jul 19, 2012
Posted In EC Developments, French Developments, German Developments
by Joseph F. Winterscheid and Andrea L. Hamilton Recent developments in the global legal landscape point to the inevitable conclusion that having an effective antitrust compliance program in place is now more important than ever. To read the full article, click here.
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