SEP-12(1)

Canada has the oldest antitrust authority in the world and they always seem to be pacesetters in competition policy. Our Canadian collection, organized by Mark Katz, highlights recent activities/controversies that are sure to spill over to the rest of the world. Our second collection includes three articles that follow-up on previous reports, including the question […]

The Role of Keyword Advertising in Competition Among Rival Brands

David Evans, Elisa Mariscal, Sep 13, 2012 A consumer types the name of a brand into a search engine. In most cases, the search-results page shows two sets of results: “organic search results” and “sponsored links” or “ads.” The results in the middle of the page are the “organic search results” and they contain a […]

Competition Law Guidance Under Commissioner Aitken: A Survey

Kevin Ackhurst, Sep 13, 2012 Canada’s Commissioner of Competition announced on June 28, 2012 that she would resign her position on September 21, 2012. Since her appointment as Interim Commissioner in January 2009, Melanie Aitken has overseen profound changes at the Competition Bureau, including adjusting to the passage of the most significant amendments to the […]

The Constitutionality of Administrative Monetary Penalties Under the Competition Act: Is Rowan a Full Answer?

John Campion, Antonio Di Domenico, Sep 13, 2012 Administrative Monetary Penalties (“AMPs”) are monetary penalties where payment is ordered by a decision maker acting under a statutory power. AMPs are popular among regulators, including the Commissioner of Competition, because they fill the gap between true administrative remedies and criminal sanctions. They allow regulators to collect […]

Canadian Competition Tribunal Orders Divestiture in Waste Merger: Some Lessons Learned

Richard Elliott, Sep 13, 2012 The Canadian Competition Tribunal (the “Tribunal”) has issued its first decision in a fully contested application under the merger provisions of the Competition Act (the “Act”) in over a decade. On May 29, 2012, further to an application by the Commissioner of Competition (the “Commissioner”) challenging the acquisition (the “Merger”) […]

The Canadian “Sir” Process: A Progress Report

Erika Douglas, Mark Katz, Sep 13, 2012 In March 2009, the Canadian Competition Act‘s merger review process was amended to align it more closely with U.S. merger review under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR ACT”). The key change involved the adoption of an initial 30-day review period, which could be extended with the issuance […]

A Short Note on Plea Agreements in Canadian Antitrust Cases

Graham Reynolds, Sep 13, 2012 To date, most Canadian antitrust cartel cases have been resolved by means of guilty pleas by defendants. The means of accomplishing this in Canada is through the mechanism of a plea agreement which is negotiated with the Public Prosecution Service of Canada (“PPSC”), the independent prosecuting authority charged with bringing […]

“From Astra-Zeneca to Pfizer” Stage II: The Italian Administrative Court Reverses the Monopolization Claim Established by the Autorit Garante della Concorrenza e del Mercato

Stefano Grassani, Sep 13, 2012 As reported in the July edition of this Chronicle, on Jan. 11, 2012, the Italian Antitrust Authority (“IAA”) found Pfizer Inc. and its Swedish and Italian subsidiaries guilty of abuse of dominant position pursuant to Article 102 of the Treaty on the Functioning of the European Union (“TFUE”). The IAA alleged […]

Generic Drugmakers Will Challenge Patents Even When They Have a 97% Chance of Losing: The FTC Report that K-Dur Ignored

Jonathan Gleklen, Kelly Smith, Sep 13, 2012 A striking aspect of the Third Circuit’s decision on Hatch-Waxman patent settlements in the K-Dur litigation is the panel’s repeated reliance on conclusions that the Federal Trade Commission (“FTC”) has drawn from internal studies. It is hard to get through the opinion without running up against “a 2010 analysis […]