Emily Townsend
Subscribe to Emily Townsend's PostsChina Cracks Down on Anti-Competitive Practices of Major State-Owned Enterprises
By Emily Townsend on Nov 11, 2011
Posted In Chinese Developments, Monopolization/Abuse of Dominance
by Frank Schoneveld, Henry L.T. Chen and Brian Fu China’s antitrust authorities are investigating—and taking significant action for the first time against—state-owned enterprises, using the powers granted them under the 2008 Anti-Monopoly Law. To read the full article, click here.
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FTC/DOJ Remove Mandatory Antitrust Review for MSSP-Participating ACOs in Final Policy Statement
By Emily Townsend on Nov 9, 2011
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust
by Jeffrey W. Brennan, Ashley McKinney Fischer, David Marx, Jr. and Hillary A. Webber On October 20, 2011, the Federal Trade Commission and Department of Justice issued a final policy statement on accountable care organizations (ACOs) participating in the Medicare Shared Savings Program (MSSP). Significantly, the Agencies eliminated mandatory antitrust review of certain ACOs seeking...
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Withdrawal of Clearance Decision and EUR 30 million Fine Against Canal Plus for Unfulfilled Merger Clearance Commitments
By Emily Townsend on Sep 21, 2011
Posted In French Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance
by Louise-Astrid Aberg and Lionel Lesur The French Competition Authority has taken a hard stance by withdrawing its authorization of French broadcaster Canal Plus’ purchase of rival commercial television company TPS, formerly the two most powerful players on the pay TV market. This decision reasserts the importance of respecting imposed remedies. In this case, Canal Plus was sanctioned with...
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Breach of Seal During Antitrust Inspections Can Be Very Costly
By Emily Townsend on Sep 19, 2011
Posted In EC Developments
by Martina Maier and Philipp Werner The European Commission (EC) imposed a EUR 8 million fine on Suez Environnement for the breach of a seal affixed during an antitrust inspection. This is the second case of such a fine on an EU level after the EC imposed a fine of EUR 38 million on E.ON in...
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German Competition Authority Starts Sector Inquiry Into Food Retail
By Emily Townsend on Sep 16, 2011
Posted In German Developments
by Philipp Werner and Martina Maier The German Competition Authority has started a sector inquiry in the food retail sector yesterday and has sent questionnaires to 21 retailers and over 200 producers in the food and beverages industry. According to the press release (at the moment only available in German at: https://www.bundeskartellamt.de/wDeutsch/download/pdf/Presse/2011/2011-09-16_PM_SU_LEH.pdf), the inquiry will...
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China Formalises National Security Review System for M&A Transactions by Foreign Investors
By Emily Townsend on Sep 16, 2011
Posted In Chinese Developments, Mergers & Acquisitions
by Henry L.T. Chen, Frank Schoneveld and Brian Fu On 3 February 2011, the State Council promulgated the “Notice of the General Office of the State Council on Launching the Security Review Mechanism for Mergers and Acquisition of Domestic Enterprise by Foreign Investors,” which established the national security review system for merger and acquisition (M&A)...
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China Implements New Evaluating Competitive Influence Rules
By Emily Townsend on Sep 13, 2011
Posted In Chinese Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
by Henry L.T. Chen, Frank Schoneveld and Brian Fu To evaluate the competitive impact of an anti-monopoly review on the mergers and acquisitions market (or concentration) and to guide business operators when notifying a concentration, the Ministry of Commerce of China introduced new measures for evaluating competitive influence. The new rules have been in effect...
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Access to Cartel Settlement Documents for Plaintiffs in France
By Emily Townsend on Sep 8, 2011
Posted In Cartel Enforcement, French Developments
by Philipp Werner and Lionel Lesur A French court has added another layer of complexity to cartel cases in the European Union. The Commercial Court in Paris has ordered the French competition authority to disclose documents relating to an antitrust investigation. The order concerns non-confidential versions of written and oral statements gathered during the investigation. The...
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FTC Issues Report on Authorized Generics
By Emily Townsend on Sep 2, 2011
Posted In FTC Developments, Healthcare Antitrust, IP Antitrust
by Joseph F. Winterscheid On Wednesday, August 31, the Federal Trade Commission issued a report on "Authorized Generic Drugs: Short-Term Effects and Long-Term Impacts." In the report, the Commission indicated that it would take a hard-line approach to pay-for-delay deals in which brand-name drug makers agree to defer introduction of their own generic formulations in...
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Antitrust Agriculture Update: Mushroom Grower Direct Purchaser Litigation
By Emily Townsend on Aug 26, 2011
Posted In Agriculture
by Lincoln Mayer and Gregory E. Heltzer On August 23, the Third Circuit denied interlocutory review of an order from the Eastern District of Pennsylvania, which held that defendant mushroom growers were "not a proper agricultural cooperative under the Capper-Volstead Act because one of its members was not technically a grower of agricultural produce." In...
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