Emily Townsend
Subscribe to Emily Townsend's PostsDOJ, FTC Testimony Before Congress Indicates Enforcement Focus on Standard-Essential Patents and Concern over ITC Exclusion Orders
By Emily Townsend on Jul 13, 2012
Posted In DOJ Developments, FTC Developments
by Stefan M. Meisner and Daniel Powers Recent testimony from the U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission (FTC) before the Senate Judiciary Committee focused on issues relating to standard-setting activities and competition policy. Antitrust Division Acting Assistant Attorney General Joseph Wayland and FTC Commissioner Edith Ramirez discussed the issue of...
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When Is Resale Price Maintenance Legal in China?
By Emily Townsend on Jul 5, 2012
Posted In Chinese Developments, Monopolization/Abuse of Dominance
by Henry L.T. Chen, Frank Schoneveld and Alex An A Shanghai court recently decided the first case involving vertical monopoly agreements (i.e., between supplier and distributor) since China’s Anti-Monopoly Law (AML) came into effect in 2008. Of note, the court found that resale price maintenance by itself does not constitute a monopoly agreement. However, given...
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ECJ Rules Access to Documents Can Be Denied on Basis of General Presumption That Disclosure Undermines Merger Control Proceedings
By Emily Townsend on Jul 5, 2012
Posted In EC Developments, Mergers & Acquisitions
by Philipp Werner and David Henry There is a general presumption that the grant of public access to documents relating to merger control proceedings would undermine the purpose of those proceedings. The Commission does not therefore have to carry out an individual examination of each document before deciding to refuse access under EU transparency legislation....
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Alleged Agreement Between Chesapeake Energy and EnCana Corporation to Suppress Prices for Mineral Rights Highlights the Antitrust Risks Facing Energy Companies
By Emily Townsend on Jul 3, 2012
Posted In DOJ Developments, Energy/Commodities, Joint Ventures/Competitor Collaboration
by Jon B. Dubrow and Shauna A. Barnes Recently published reports of land acquisition activities between Chesapeake Energy and EnCana senior executives will likely expose those companies to a Department of Justice (DOJ) antitrust investigation and challenge, as well as, if accurate, civil antitrust claims. This matter highlights the risks that energy companies face when...
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China Streamlines Antitrust Notification Process
By Emily Townsend on Jun 27, 2012
Posted In Chinese Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
by Henry L.T. Chen, Frank Schonveld and Brian Fu The Ministry of Commerce of China (MOFCOM) recently promulgated a new amended merger notification form along with instructions for completing the form. In doing so, MOFCOM aims to further regulate the procedures regarding antitrust review of large mergers, acquisitions and joint ventures; to promote transparency in...
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6th Circuit Limits Applicability of the Filed-Rate Doctrine and Holds that Electricity is a “Commodity” under Robinson-Patman
By Emily Townsend on Jun 18, 2012
Posted In Energy/Commodities
by Nick Grimmer, Gregory E. Heltzer and Shauna A. Barnes On June 6, 2012, in Williams v. Duke Energy Int’l, Inc., the U.S. Court of Appeals for the 6th Circuit reversed a dismissal of Robinson-Patman Act (price discrimination) claims, amongst others. In the district court, a class of electricity purchaser plaintiffs alleged that defendant electricity providers gave...
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Application of the ‘Priority Principle’
By Emily Townsend on Jun 14, 2012
Posted In EC Developments, Mergers & Acquisitions
by Lionel Lesur The EU Commission was notified of the Seagate/Samsung transaction and the Western Digital/Hitachi transactions – both mergers involving hard drive disk businesses – within days of each other. In its decision on the Seagate/Samsung transaction (published on May 10, 2012), the EU Commission explains its different treatment of the two mergers. The...
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PA Hospital Merger May Proceed With Restrictions on Rate Negotiations and Other Conduct in Settlement with AG
By Emily Townsend on Jun 8, 2012
Posted In Healthcare Antitrust, Mergers & Acquisitions
by Jeff Brennan On June 7, 2012, Pennsylvania, through its Attorney General (AG), filed an antitrust complaint and consent order in U.S. District Court (M.D. Pa.), settling charges that Geisinger Health System’s acquisition of Bloomsburg Hospital violated section 7 of the Clayton Act and the state common law prohibition on suppression of competition. The core...
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Kansas Supreme Court Decision Declares Resale Price Maintenance Per Se Illegal Under State Antitrust Statute
By Emily Townsend on May 14, 2012
Posted In Consumer Protection/Privacy
by Lawrence I. Fox, Joseph F. Winterscheid and Megan Morley The Kansas Supreme Court recently determined resale price maintenance is per se illegal under state law, becoming the latest state to reject the rule of reason standard mandated by the Supreme Court of the United States. The decision serves as a reminder that although a...
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An RMB 150-Million Litigation in China for the Abuse of a Dominant Market Position
By Emily Townsend on Apr 24, 2012
Posted In Chinese Developments, Monopolization/Abuse of Dominance
by Henry L.T. Chen and Frank Schoneveld Recently, the High People’s Court of Guangdong held a public hearing for a high-profile lawsuit involving two software giants and alleged abuse of a dominant market position. This is the first anti-monopoly case accepted by the court, and the claimed amount is RMB 150 million (approximately US$23.8 million). ...
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