Spring has arrived in the Northern Hemisphere, and like bears awaking from slumber, the region’s Antitrust regulators and practitioners have been getting busy. Massive mergers are now facing important crackdowns and previously ‘safe’ sectors start feeling the burn of a renewed round of scrutiny. Perhaps, an urge to clean house as new, never-before-seen issues in competition, consumer protection and the implications of technological innovation begin to take shape in the (surprisingly) near future.
Tying is a chameleon in antitrust law. Courts can condemn tying arrangements as either per se violations or as unlawful under the rule of reason……
J. Taylor Kirklin and Robert P. LoBue (Antitrust Update)
Daniel P. O’Brien, Keith Waehrer(Antitrust Lawyer)
The antitrust injury and antitrust standing defenses/doctrines are alive and well in healthcare. A recent case, SCPH Legacy Corp. et al. v. Palmetto Health et al., shows that a competitor is not always the most legally appropriate plaintiff to bring an antitrust case, especially when the competitor’s alleged harm stems from increased competition.
Nadezhda Nikonova and David Garcia (Antitrust Law Blog)
(Grand Jury Target)
Monika Zdzieborska (Antitrust Connect)
The judgment reinforces due process and transparency in EU merger control proceedings. The Court made clear that due process standards will be strictly enforced in merger cases, despite the relatively tight deadlines. The Decision was, therefore, annulled for failure to respect rights of defence in relation to the handling of economic evidence by the Commission…
Judge Loken stressed to us law clerks that his job as an appellate judge is that of a professional writer. He communicates his opinions in writing and a clear articulation of that writing is necessary so attorneys, parties, and judges understand the decision that was made and its reasoning…
The Court of Justice (the Court) provides greater clarity on the protection afforded to leniency applicants seeking to prevent the disclosure of certain information in the published version of infringement decisions. The Court also finds that hearing officers have wide terms of reference to decide on objections to the disclosure of confidential information.
The Federal Trade Commission’s new Economic Liberty Task Force, launched by FTC Acting Chairman Maureen Ohlhausen, is an important step that addresses concerns from this blogger and others that the FTC’s commissioners should do more to head off the competitive restraints imposed by certain state licensing requirements…
Steven J. Cernak (Antitrust Connect)
Merger control is making the headlines like it’s 2002. Yesterday, the General Court annulled the Commission decision in UPS/TNT Express. If you have not seen it yet, the reason behind the annulment is interesting: in essence, the GC held that the rights of defence of the merging parties had been breached insofar as the Commission failed to communicate the final version of the econometric model on which its conclusions were based.
Pablo Ibañez Colomo (Chilling Competition)
If, like me, you have ever spoken to someone that faces criminal indictment by a federal grand jury following a Justice Department antitrust investigation, you know why antitrust compliance counseling and training is a big deal
Jarod Bona (The Antitrust Lawyer)