Emily Townsend
Subscribe to Emily Townsend's PostsDOJ and FTC to Hold Conditional Pricing Practices Public Workshop
By Emily Townsend on May 9, 2014
Posted In DOJ Developments, FTC Developments
The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) announced on Tuesday, May 6, that the agencies will jointly hold a public workshop on June 23, 2014, to consider the economic effects and antitrust law treatment of conditional pricing arrangements. Conditional pricing arrangements, such as loyalty discounts or bundled product discounts, are programs...
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German Court Rejects National Competition Authority Liability for Damages After Unlawful Prohibition of a Merger
By Emily Townsend on Mar 27, 2014
Posted In German Developments, Mergers & Acquisitions
The Higher Regional Court in Düsseldorf yesterday dismissed an action for damages of €1.1 billion brought by GN Store Nord against the German Federal Cartel Office. The judgment sheds some light on the possibility for companies to claim damages in the context of an unlawful prohibition of a proposed merger. Click here to read the...
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Antitrust Class Action Against Graco Inc. Dismissed
By Emily Townsend on Mar 13, 2014
Posted In Private Litigation
On March 11, 2014, Judge Ann Montgomery of the District of Minnesota dismissed a putative antitrust class action against Graco Inc. and its distributors that accused Graco of buying two of its closest competitors in the spray foam equipment market for the purposes of raising prices and reducing product options. Insulate SB Inc. v. Abrasive...
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Class Actions in Italy: Milan Court of Appeal Adopts Wider Interpretation of Admissibility
By Emily Townsend on Mar 12, 2014
Posted In Italian Developments
On 3 March 2014, the Milan Court of Appeal overturned a previous decision issued by the Milan Tribunal, declaring a class action brought by an Italian consumers association, Altroconsumo, against local railway operator Trenord as non-admissible. On 8 November 2013, the Milan Tribunal had dismissed the class action started by Altroconsumo on the grounds inter...
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Cathay Pacific Airlines Settles Freight Shipping Price-Fixing Class Action
By Emily Townsend on Feb 14, 2014
Posted In Private Litigation
On February 12, 2014, Cathay Pacific Airlines Ltd. settled a freight shipping price-fixing multidistrict class action litigation in the Eastern District of New York. In re Air Cargo Shipping Services Air Cargo Antitrust Litigation, case number 1:06-md-01775. The Hong Kong-based airline agreed to pay consumers of air-freight shipping services $65 million in the settlement. After...
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Federal Trade Commission Announces Revised, Higher Pre-merger Filing Thresholds
By Emily Townsend on Jan 21, 2014
Posted In FTC Developments, Mergers & Acquisitions
On January 17, 2014, the Federal Trade Commission (FTC) announced revised, higher Hart-Scott-Rodino (HSR) pre-merger notification filing thresholds. The FTC adjusts the HSR thresholds annually to represent the increase or decrease in GNP. These revised thresholds will become effective 30 days from the date on which notice is published in the Federal Register, which should occur within the...
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Keeping Third Party Communications Protected by the Attorney-Client Privilege
By Emily Townsend on Dec 23, 2013
Posted In Private Litigation
A recent Pennsylvania federal court decision highlights the difficulty in keeping third party communications privileged. (King Drug Co. of Florence, Inc. v. Cephalon, Inc., No. 06-CV-1797, 2013 WL 4836752 (E.D. Pa. Sept. 11, 2013)). In Cephalon, the court found third party communications privileged because the third party performed a role for Cephalon substantially identical to...
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European Commission Targets Spanish Football Clubs including Real Madrid and Barcelona for State Aid Investigations
By Emily Townsend on Dec 19, 2013
Posted In EC Developments
The European Commission (Commission), on 18 December 2013, opened three formal State aid investigations into public support measures for major Spanish football clubs. The Commission alleges that the clubs under investigation have benefitted from State aid that cannot be authorised. The clubs, which include Real Madrid and Barcelona, are therefore exposed to the risk of...
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Court Certifies Class in Hospital Merger Antitrust Lawsuit
By Emily Townsend on Dec 19, 2013
Posted In Mergers & Acquisitions, Monopolization/Abuse of Dominance, Private Litigation
On December 10, 2013, Judge Edmond Chang of the Northern District of Illinois certified a class of plaintiffs who filed a proposed class action against NorthShore University Health System (formerly Evanston Northwestern Healthcare) on behalf of all end-payors who purchased inpatient and outpatient healthcare services directly from NorthShore. In 2000, Evanston Northwestern acquired rival Highland...
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European Commission Investigates Exemption from Renewable Energy Surcharge for Energy-Intensive Companies in Germany
By Emily Townsend on Dec 18, 2013
Posted In EC Developments, Energy/Commodities, German Developments
The European Commission today opened a State aid investigation into the German Renewable Energy Source Act (the EEG), claiming that the EEG may have given unlawful advantages to energy-intensive companies in Germany. These companies now face the potential risk that benefits totalling billions of euros may have to be repaid. The European Commission (Commission) today...
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