The EU Courts Play a Crucial Role in Ensuring Compliance of the EU’s System of Competition Law Enforcement With Due Process Rights (2)

This article is part of a Chronicle. See more from this Chronicle Georg Berrisch, Dec 31, 2014 In its Menarini ruling, the European Court of Human Rights held that fines imposed by the Italian antitrust authority for the violation of competition law are criminal charges and that, consequently, the requirements of Article 6 of the European Convention […]

“Good Luck” Post-Actavis: Current State of Play on “Pay-for Delay” Settlements (2)

This article is part of a Chronicle. See more from this Chronicle Jonathan Lutinski, Ryan Maddock, Seth Silber, Dec 31, 2014 Chief Justice Roberts’ statement “good luck to the district courts” in his dissent in FTC v. Actavis was certainly prophetic. Since the Court’s issuance of that decision in June 2013, the district courts have been […]

Competition Law in Asia—Protecting (Against) Competition? (2)

This article is part of a Chronicle. See more from this Chronicle Kala Anandarajah, Tanya Tang, Dec 31, 2014 Competition laws across Asia have gone beyond infancy and nascent stages and have become laws to be reckoned with. The sheer numbers of Asian countries with competition laws, and the seeming diversity as regards enforcement patterns […]

Is the Affordable Care Act the Catalyst to Merger Efficiency Reform? (2)

This article is part of a Chronicle. See more from this Chronicle Andrew Mann, George Paul, Dec 31, 2014 Recently, the Obama Administration has reshaped the healthcare industry and encouraged collaborations among competitors as a way to drive skyrocketing costs down and improve the efficiency of the delivery of healthcare to Americans. But are the […]

Repeal the FTAIA! (Or At Least Consider It as Coextensive with Hartford Fire) (2)

This article is part of a Chronicle. See more from this Chronicle Robert Connolly, Dec 31, 2014 The goal of this article is to advance two propositions: 1) that the Foreign Trade Improvements Act (“FTAIA”) should be repealed; and 2) that Motorola Mobility can be decided through the principles set forth in Hartford Fire and Illinois Brick. […]

Judicial Evaluations of Minimum Resale Price Maintenance Behavior (2)

This article is part of a Chronicle. See more from this Chronicle Ding Wenlian, Dec 31, 2014 On the judicial cognizance of vertical agreements stipulated in Article 14 of China’s Anti-Monopoly Law, scholars mainly have taken one of two views. One view adopts the dominant principle currently applied in U.S. judicial practice, the “rule of […]

Greater Cooperation Among Competition Agencies in Latin America (2)

This article is part of a Chronicle. See more from this Chronicle Julian Pena, Dec 31, 2014 The past decade has shown an increasingly greater level of cooperation among competition agencies in Latin America. This increase in the level of interactivity among Latin American enforcers has played a key role in the fostering of competition […]

Can False Advertising Give Rise to Antitrust Liability? (2)

This article is part of a Chronicle. See more from this Chronicle Christopher Cole, Dec 31, 2014 In late 2013, a jury in the Eastern District of Texas, Marshall Division, which had been considering whether Becton-Dickinson should be held liable for attempted monopolization of the market for retractable safety syringes, concluded that Becton had engaged […]

State Aid Modernisation—Trying To Do More With Less (2)

This article is part of a Chronicle. See more from this Chronicle Hilary Jennings, Dec 31, 2014 Nevertheless, the SAM reforms mark a shift in approach. The new and revised regulations and guidelines seek to provide wider exemptions and focus on the most distortive aid. The focus has also shifted from ex-ante toex-post control, with greater emphasis on […]

On the Relationship Between Media Plurality Legislation and Competition Law (2)

This article is part of a Chronicle. See more from this Chronicle Martin Cave, Dec 31, 2014 Recent events in the United Kingdom, including the furor surrounding the newspaper “phone hacking” scandal which led to the Leveson report, have focused attention on possible new legislation concerning media plurality. These events follow an inquiry in the European […]