Emily Townsend

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Antitrust Aspects of Dealing with the Japanese Earthquake


By on May 17, 2011
Posted In Cartel Enforcement

by Wilko van Weert The Japan Fair Trade Commission (JFTC) has issued two Communications on the extent to which industry coordination intended to deal with the aftermath of the great Tohoku earthquake catastrophe will or will not run afoul of Japanese antitrust rules.  The JFTC’s guidance does not apply to business activities outside Japan.  To...

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Poultry Merger Challenge


By on May 13, 2011
Posted In Agriculture, DOJ Developments, Mergers & Acquisitions

by Gregory E. Heltzer and Carrie G. Amezcua On May 10, the U.S. Department of Justice (DOJ) filed a civil lawsuit against George’s Inc. to block its $3M acquisition of Tyson  Foods Inc.’s, Harrisonburg, Virginia chicken processing plant, showing that deals of all sizes face scrutiny.  This case also continues the trend of challenges to non-reportable...

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Generic Drug Settlement– FTC Enforcement Action


By on May 11, 2011
Posted In FTC Developments, Healthcare Antitrust

by Stefan M. Meisner On May 10, the Federal Trade Commission announced that Sanofi-Aventis U.S. LLC and two generic drug makers had violated federal law by failing to notify antitrust authorities about agreements involving Sanofi’s insomnia drug Ambien CR. The FTC found no harm to consumers or competition in this instance and recommended no enforcement...

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Developments in Private Antitrust Damage Claims – France


By on Apr 29, 2011
Posted In Private Litigation

by Philipp Werner France may join the growing number of jurisdictions for class action style private antitrust damage claims in the EU. A judge from the French Cour de cassation, the highest civil jurisdiction, speaking at a conference yesterday, stated that class action style "assigned damages claims" under French law could be accepted by French...

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Be Aware of the EU Watch Dog:  Commission Blocks Merger Between Aegean Airlines and Olympic Air


By on Apr 29, 2011
Posted In EC Developments, Mergers & Acquisitions

by Martina Maier and Philipp Werner In January 2011, the European Commission decided that the proposed merger between Aegean Airlines and Olympic Air should be prohibited because it would have resulted in a quasi-monopoly on the domestic Greek air transport market.  This decision shows that traditional airline merger remedies, such as slot releases, are sometimes...

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Cooperation Between Competition Authorities in Merger Review in the EU


By on Apr 29, 2011
Posted In EC Developments, Mergers & Acquisitions

by Philipp Werner and Christoph Voelk The European Commission started a public consultation on a draft document which seeks to establish best practices on cooperation between national competition authorities (NCAs) in the EU when reviewing mergers.  Although cooperation between NCAs exists already, especially through the European Competition Network (ECN), the best practices seek to formalize...

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China Auto Dealers Association Files Anti-Monopoly Complaint Against Beijing Benz


By on Apr 28, 2011
Posted In Cartel Enforcement, Chinese Developments

by Henry L.T. Chen, Frank Schoneveld and Michael Xu The China Automobile Dealers Association recently issued a formal complaint to Mercedes-Benz Beijing regarding its allegedly illegal “double limit” policy for car dealers—minimum prices and restrictions on sales into other dealers` territories—revealing tension between a widespread industry practice and China’s Anti-Monopoly Law.  To read the full...

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U.S. Dept. of Justice and Germany’s FCO Permit Patent Acquisition With Modifications


By on Apr 22, 2011
Posted In DOJ Developments, German Developments, Mergers & Acquisitions

by Stefan M. Meisner Yesterday, the U.S. Department of Justice announced that CPTN Holdings, LLC,  a joint venture owned equally by Microsoft Corp., Apple, Inc. , Oracle Corp., and EMC Corp,  has agreed to modify its agreement to acquire certain patents from Novell, Inc. in order to allay antitrust concerns raised by the transaction.  The...

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FTC Dismisses Complaint in LabCorp


By on Apr 22, 2011
Posted In FTC Developments, Mergers & Acquisitions

by Stephen Wu Earlier today, the FTC dismissed its complaint against LabCorp after failing to obtain a preliminary injunction in federal district court to prevent LabCorp from further integrating with WestCliff.  LabCorp had acquired WestCliff, a bankrupt lab services competitor in Southern California, in 2010, but the FTC chose to challenge the transaction in front...

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FTC and CFTC to Share Confidential Information, Increases Investigation Risks


By on Apr 19, 2011
Posted In Cartel Enforcement, FTC Developments

by Jon B. Dubrow, Gregory E. Heltzer, Blake H. Winbourne and Carrie G. Amezcua The U.S. Federal Trade Commission and the U.S. Commodity Futures Trading Commission signed a memorandum of understanding that will facilitate the sharing of non-public information for “official law enforcement purposes,” and increase investigation risks for firms. To read the full article, please visit: https://www.mwe.com/info/news/ots0411i.htm.

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