Minority Shareholdings And Interlocking Directorships: The European Union Approach

Francisco Enrique Gonzalez-Diaz, Jan 10, 2012 The debate about the antitrust treatment of minority shareholdings and interlocking directorships is certainly not new. The European Commission did, however, re-open the discussion earlier this century in its 2001 Green Paper, when considering the reform of the Merger Regulation that led to the adoption of the new European […]

A Practitioner’s Look at Merger Control Remedies in China

Francois Renard, Jan 25, 2012} Since the entry into force of its antitrust rules, China has approved transactions subject to “restrictive conditions,” also called “remedies” or “commitments” in other jurisdictions, in only ten out of approximately 370 transactions notified. This is a particularly low proportion of cases compared to other jurisdictions, including the European Union. […]

Are Rights Finally Becoming Fundamental?

Patrick Harrison, Kristina Nordlander, Feb 22, 2012 In the landmark 2005 Article 102 TFEU case regarding Losec, AstraZeneca was fined EUR 60 million for conduct that would not have been an infringement of EU competition law had AstraZeneca not been found to be dominant in the relevant market. The European Commission (“Commission”) found that the […]

Does Compliance Really Matter to DG Comp?

Joseph Murphy, Mar 29, 2012 The DG Comp posting speaks about ignorance not being a defense. But ignorance is not and never was the issue. It is the reality that organizations are not individuals, and that there is no means known to humans to control the conduct of every individual, every day, in any large […]

Joint Venture… Subsidiary… What’s the Difference for Cartel Liability and Fines?

Laura Atlee, Apr 17, 2012 Parent liability in cartel infringement proceedings has been the focus of quite a number of our commentaries. Starting with the Akzo ruling, the EU Courts have tightened the noose around each and every parent company’s financial neck. When a parent company has a 100 percent shareholding in a subsidiary it is presumed (although it […]

Reasons to Reject a No Injunctions Rule for SEPs and FRAND-Obligated Patents

Hill Wellford, Apr 30, 2012 Government officials, academics, and some industry participants recently have suggested that holders of so-called “standards-essential patents” (“SEPs”), meaning patents that are technically essential to the practice of technology standards, should be prohibited from seeking injunctive relief against products that infringe by implementing such standards. This prohibition would apply particularly with respect […]

Islam, Islamic Countries, and Competition Law: From Past Glory to Modern Day Challenges

Maher Dabbah, May 29, 2012 …Despite this rich history and past glory, Islamic countries did not carry the mechanism of economic regulation, in the form of Hisba, into modern times. Indeed, there has been inadequate recognition given by these countries to the importance of Hisba as an institution for market regulation. More generally, these countries have been among […]

“Siri: What is Antitrust?”

Anant Raut, Jun 13, 2012 The DOJ’s antitrust lawsuit against Apple and various book publishers, alleging an unlawful conspiracy to raise eBook prices,evoked a swift and visceral reaction online. Mac-o-philes the world over did a double take at their tablet screens and began posting furiously about the DOJ specifically and antitrust in general. Two things […]

The Changing Health Care Sector: Tough New Challenges for Antitrust Enforcers

Robert Leibenluft, Jul 16, 2012 The past few years have been marked by increased consolidation among health care providers. Hospitals are merging with each other, physician groups are combining to create much larger, often single specialty practices, and hospitals are acquiring or employing an ever -growing number of physicians. Some observers have suggested that the […]